The Residential Sale Contract is a fundamental legal document used in Irish property transactions for the transfer of residential property ownership. It is essential for any residential property sale in Ireland, whether for houses, apartments, or other residential units. The contract must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009, and incorporates necessary provisions for property transfer, including title requirements, warranties, and completion procedures. This document is typically prepared by the vendor's solicitor and reviewed by the purchaser's solicitor, ensuring all legal requirements are met and both parties' interests are protected. It includes critical information such as property details, purchase price, payment terms, completion date, and any specific conditions relating to the property or transaction.
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1. Parties: Identifies and provides full details of the Vendor and Purchaser, including their current addresses
2. Background: Sets out the context of the sale, confirming the Vendor's ownership and intention to sell, and the Purchaser's intention to buy
3. Definitions: Defines key terms used throughout the contract, ensuring clear interpretation
4. Property Description: Detailed description of the property being sold, including its address, folio number, and boundaries
5. Purchase Price: Specifies the agreed purchase price, deposit amount, and payment terms
6. Title: Vendor's confirmation of good marketable title and obligations regarding title documentation
7. Conditions Precedent: Any conditions that must be satisfied before completion, including mortgage approval if applicable
8. Completion: Details of the completion process, including timing, location, and requirements
9. Vendor's Warranties: Standard warranties regarding the property's condition, planning compliance, and absence of disputes
10. Property Condition: Statement regarding the condition in which the property will be transferred
11. Vacant Possession: Commitment to provide vacant possession on completion
12. Risk and Insurance: Provisions regarding property insurance and risk transfer
13. Notices: Process for serving notices between parties
14. Governing Law: Confirmation that Irish law governs the contract
1. Management Company Provisions: Required for apartments or managed developments, detailing service charge and management company obligations
2. Planning Permission Conditions: Needed for newer properties or those with recent modifications, detailing compliance requirements
3. Tenant Provisions: Required if the property is being sold with existing tenants, detailing their rights and arrangements
4. Help to Buy Scheme: Include if the purchaser is using the government's Help to Buy scheme
5. Building Energy Rating Declarations: Special warranties regarding BER certificates and energy performance
6. Solar Panel Agreements: Required if the property has solar panels with ongoing lease or maintenance agreements
7. Local Authority Housing: Specific provisions if the property is subject to local authority housing schemes
8. Structural Issues: Special provisions if the property has known structural issues requiring attention
1. Schedule 1 - Property Details: Detailed property description, including maps, boundaries, and any rights of way
2. Schedule 2 - Fixtures and Fittings: Comprehensive list of items included and excluded from the sale
3. Schedule 3 - Title Documents: List of all title documents and their locations
4. Schedule 4 - Planning Documentation: Copies of relevant planning permissions, certificates, and notices
5. Appendix A - Property Plans: Official property plans, including site maps and floor plans
6. Appendix B - BER Certificate: Building Energy Rating certificate and advisory report
7. Appendix C - Management Company Information: Details of management company, service charges, and sinking fund (if applicable)
8. Appendix D - Property Searches: Results of local authority, planning, and other relevant searches
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