The Commercial Real Estate Offer To Purchase Form is a crucial document in Indian real estate transactions, typically used as the first formal step in acquiring commercial property. It is designed for use when a potential buyer has identified a commercial property and wishes to formalize their intent to purchase, subject to certain conditions. The document captures essential details including property specifications, purchase price, payment structure, due diligence requirements, and conditions precedent to closing. It must comply with Indian legal requirements, including the Transfer of Property Act, RERA regulations, and state-specific property laws. This form serves as the foundation for subsequent transaction documents and is particularly important in establishing the initial binding agreement between parties, subject to satisfactory completion of due diligence and other specified conditions.
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1. Parties: Identification of the seller and purchaser with complete legal names, addresses, and registration details if companies
2. Background: Brief context of the transaction and property being offered for purchase
3. Definitions: Key terms used throughout the document defined for clarity and legal certainty
4. Property Description: Detailed description of the commercial property including address, boundaries, and built-up area
5. Purchase Price: Specified purchase amount, payment structure, and deposit requirements
6. Payment Terms: Detailed breakdown of payment schedule, method of payment, and escrow arrangements
7. Due Diligence Period: Timeframe and conditions for buyer's investigation of property title, condition, and compliance
8. Conditions Precedent: Conditions that must be satisfied before the transaction can proceed to closing
9. Seller's Representations and Warranties: Statements of fact and guarantees provided by the seller regarding the property
10. Buyer's Representations and Warranties: Statements of fact and guarantees provided by the buyer regarding their capacity to purchase
11. Closing Process: Steps to be taken for completion of the transaction and transfer of ownership
12. Default and Remedies: Consequences and available remedies in case either party defaults
13. Notices: Method and addresses for formal communications between parties
14. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction
1. Environmental Matters: Required when property has potential environmental concerns or requires specific compliance
2. Tenant Rights: Included when property has existing tenants and their rights need to be addressed
3. Development Rights: Necessary when property has unused development potential or TDR rights
4. Foreign Investment Compliance: Required when buyer includes foreign entities or NRIs
5. GST Implications: Needed for properties where GST is applicable to the transaction
6. Property Management: Included when interim management arrangements are needed between signing and closing
7. Broker Representation: Required when real estate brokers are involved in the transaction
1. Property Schedule: Detailed technical description of property including floor plans and area calculations
2. Title Documents: List of all title documents and their current status
3. Payment Schedule: Detailed breakdown of payment installments and timing
4. Due Diligence Checklist: List of documents and verifications required during due diligence
5. Encumbrances Schedule: List of existing mortgages, liens, or other encumbrances on the property
6. Permits and Licenses: List of all relevant permits, licenses, and their validity status
7. Property Inspection Report: Technical assessment of property condition and compliance status
8. Declaration of Charges: Details of outstanding charges, taxes, and maintenance dues
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Retail
Manufacturing
Information Technology
Healthcare
Hospitality
Logistics & Warehousing
Education
Professional Services
Relevant Teams
Legal
Finance
Real Estate
Operations
Facilities Management
Risk & Compliance
Corporate Development
Treasury
Tax
Property Management
Relevant Roles
Real Estate Director
Chief Financial Officer
Corporate Counsel
Property Manager
Facilities Manager
Real Estate Investment Manager
Business Development Director
Operations Director
Legal Counsel
Acquisition Manager
Real Estate Broker
Property Valuation Expert
Compliance Officer
Risk Manager
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