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Memorandum Of Agreement (Real Estate)
"I need a Memorandum of Agreement (Real Estate) for the sale of my residential apartment in Mumbai to a private buyer, with completion scheduled for March 2025 and payment to be made in three installments."
1. Parties: Details of the parties entering into the agreement, including full legal names, addresses, and legal status
2. Background: Context of the agreement, including brief property history and purpose of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including location, boundaries, and registration details
5. Consideration: Details of the agreed purchase price and payment terms
6. Mode of Payment: Specific payment schedule, method, and conditions
7. Title and Ownership: Declarations and warranties regarding property title and ownership
8. Representations and Warranties: Statements and guarantees made by both parties regarding the property and transaction
9. Obligations of the Parties: Specific responsibilities of both seller and purchaser
10. Completion: Process and requirements for completing the transaction
11. Default and Remedies: Consequences of default and available remedies
12. Force Majeure: Provisions for unforeseen circumstances affecting the agreement
13. Notices: Method and addresses for serving notices between parties
14. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction
15. Dispute Resolution: Process for resolving disputes between parties
1. Mortgage Details: Required when the property is under mortgage or new mortgage is being created
2. Development Rights: Included when the property has development potential or TDR rights
3. Tenant Details: Required when the property is currently tenanted
4. Society Membership: Needed for apartments/flats in housing societies
5. Power of Attorney: When any party is represented through Power of Attorney
6. Joint Ownership Provisions: Required when multiple owners or buyers are involved
7. Indemnification: Specific indemnity provisions beyond standard warranties
8. Stamp Duty Allocation: Special arrangements for stamp duty and registration costs
1. Schedule A - Property Description: Detailed description of the property including measurements, boundaries, and fixtures
2. Schedule B - Payment Schedule: Detailed breakdown of payment terms, installments, and due dates
3. Schedule C - Title Documents: List of all title and ownership documents
4. Schedule D - Encumbrances: Details of any existing encumbrances, loans, or liens
5. Schedule E - Completion Requirements: Checklist of documents and actions required for completion
6. Appendix 1 - Property Plans: Architectural plans, layout drawings, and property maps
7. Appendix 2 - Permissions: Copies of relevant permissions, approvals, and certificates
Authors
Real Estate
Property Development
Legal Services
Banking and Finance
Construction
Urban Development
Property Management
Housing and Infrastructure
Commercial Real Estate
Legal
Real Estate
Compliance
Property Management
Sales
Documentation
Risk Management
Business Development
Operations
Contract Administration
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Property Developer
Compliance Officer
Real Estate Broker
Title Officer
Real Estate Consultant
Property Valuation Expert
Contract Manager
Real Estate Relationship Manager
Legal Documentation Specialist
Property Registration Officer
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