The Wholesale Real Estate Contract serves as a crucial legal instrument in Pakistani real estate transactions where an intermediary (wholesaler) contracts to purchase property with the intention of assigning their purchase rights to an end buyer for a fee. This document is essential when investors seek to facilitate property transactions without taking final ownership, typically used in both residential and commercial real estate deals. The contract must comply with Pakistani legal requirements, including the Contract Act 1872, Transfer of Property Act 1882, and relevant provincial regulations. It includes detailed provisions for the assignment of rights, payment structures, due diligence periods, and closing requirements, while addressing specific considerations such as title verification, property inspection, and regulatory compliance. The document is particularly relevant in markets with active property investment and development activities, where wholesale real estate transactions are used to bridge the gap between property sellers and ultimate buyers.
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1. Parties: Identifies all parties involved: the original seller, wholesaler (assignor), and end buyer (assignee)
2. Background: Explains the context of the wholesale transaction, including reference to the original purchase agreement and intention to assign
3. Definitions: Defines key terms used throughout the agreement, including Property, Purchase Price, Assignment Fee, Closing Date, etc.
4. Assignment of Rights: Details the transfer of rights from wholesaler to end buyer, including scope of assignment
5. Purchase Price and Payment Terms: Specifies the original purchase price, assignment fee, earnest money requirements, and payment schedule
6. Due Diligence Period: Establishes the timeline and conditions for property inspection, title review, and other investigations
7. Closing and Transfer: Details the closing process, including documentation requirements and transfer procedures
8. Representations and Warranties: States the promises and guarantees made by each party regarding their authority, property condition, and transaction legitimacy
9. Default and Remedies: Outlines what constitutes default and the available remedies for each party
10. Risk and Insurance: Addresses property risk allocation and insurance requirements during the contract period
11. Notices: Specifies how and where formal communications between parties should be delivered
12. Governing Law and Jurisdiction: Confirms Pakistani law governance and specifies jurisdiction for dispute resolution
13. Entire Agreement: States that the contract represents the complete agreement between parties and supersedes prior discussions
1. Financing Contingency: Optional section for cases where the end buyer requires financing to complete the purchase
2. Property Management: Required if the property needs management between contract signing and closing
3. Assignment Restrictions: Include when there are specific limitations on further assignment of rights
4. Real Estate Agent Provisions: Include when real estate agents are involved in the transaction
5. Environmental Matters: Required for properties with potential environmental concerns or in industrial zones
6. Tenant Provisions: Include when the property is currently tenanted
7. Development Rights: Include when the property has specific development potential or restrictions
8. Islamic Finance Compliance: Required when the transaction needs to comply with Islamic financing principles
1. Schedule A - Property Description: Detailed legal description of the property, including boundaries and registration details
2. Schedule B - Original Purchase Agreement: Copy of the original purchase agreement between seller and wholesaler
3. Schedule C - Title Documents: List of title documents and any encumbrances on the property
4. Schedule D - Payment Schedule: Detailed breakdown of all payments, including assignment fee structure
5. Schedule E - Due Diligence Documents: List of all documents provided for due diligence
6. Appendix 1 - Property Photographs: Recent photographs documenting the current condition of the property
7. Appendix 2 - Property Plans: Architectural plans, site maps, and relevant drawings
8. Appendix 3 - Regulatory Approvals: Copies of relevant permits, approvals, and certificates
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