The Contract of Purchase and Sale for Commercial (Real Estate) is a vital legal instrument used in Pakistan for transferring ownership of commercial properties. This document is essential when businesses or individuals are engaging in the purchase or sale of commercial real estate assets such as office buildings, retail spaces, industrial facilities, or mixed-use developments. It must comply with Pakistani legal requirements, including the Transfer of Property Act 1882, Registration Act 1908, and relevant local property laws. The agreement covers crucial aspects such as property description, purchase price, payment terms, due diligence requirements, warranties, and completion procedures. It's particularly important in protecting both parties' interests while ensuring the transaction meets all regulatory requirements and market standards in Pakistan's commercial real estate sector.
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1. Parties: Identification of seller and purchaser with full legal names, registration details, and addresses
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including location, boundaries, and registration details
5. Purchase Price: Agreed purchase price and payment terms including deposit and completion payment details
6. Due Diligence: Buyer's right to investigate property condition, title, and compliance with regulations
7. Conditions Precedent: Conditions that must be satisfied before completion of the sale
8. Seller's Representations and Warranties: Seller's statements regarding property title, condition, and compliance with laws
9. Buyer's Representations and Warranties: Buyer's statements regarding authority and capacity to purchase
10. Completion: Process and requirements for closing the transaction
11. Title Transfer: Mechanism and requirements for transferring property title
12. Taxes and Expenses: Allocation of transaction costs, taxes, and registration fees
13. Default and Remedies: Consequences of breach and available remedies
14. Notices: Method and addresses for formal communications between parties
15. Governing Law: Confirmation of Pakistani law as governing law and jurisdiction
16. General Provisions: Standard contract clauses including entire agreement, amendments, and severability
1. Tenant Rights: Required if property is currently leased - addresses existing tenancies and their treatment post-sale
2. Environmental Matters: Required for industrial properties or where environmental concerns exist
3. Development Rights: Include when property has unused development potential or pending approvals
4. Property Management: Required if interim management arrangements are needed between exchange and completion
5. Foreign Investment Provisions: Required if buyer is a foreign entity, addressing compliance with foreign investment laws
6. Islamic Finance Compliance: Required if transaction involves Islamic financing arrangements
7. Asset Sale Provisions: Required if sale includes business assets beyond real estate
8. Construction Warranties: Required for newly constructed properties
9. Intellectual Property Rights: Required if property includes naming rights or branded elements
1. Property Schedule: Detailed property information including floor plans, boundaries, and registered title details
2. Payment Schedule: Breakdown of payment structure including installments and timing
3. Due Diligence Documents: List of documents provided for buyer's review
4. Existing Tenancies: Details of current leases and rental agreements
5. Property Inventory: List of fixtures, fittings, and equipment included in sale
6. Required Approvals: List of regulatory approvals needed for completion
7. Title Documents: Copies of title documents and registration certificates
8. Property Compliance Certificates: Copies of building, safety, and regulatory compliance certificates
9. Service Contracts: Details of ongoing service contracts that may transfer with property
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