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1. Parties: Identifies and defines all parties to the agreement including seller, buyer, and current mortgagee
2. Background: Outlines the current ownership status, existing mortgage details, and intention to sell the property
3. Definitions: Defines key terms used throughout the agreement including Property, Mortgage, Completion Date, etc.
4. Property Details: Comprehensive description of the property being sold, including legal description and any included fixtures/fittings
5. Purchase Price: States the agreed purchase price and payment terms, including deposits and balance payment structure
6. Existing Mortgage: Details of the current mortgage, outstanding amount, and arrangements for discharge
7. Conditions Precedent: Conditions that must be met before completion, including mortgage lender's consent and title requirements
8. Completion: Details of the completion process, including timing, location, and required actions by each party
9. Seller's Representations and Warranties: Seller's confirmations regarding property title, mortgage status, and authority to sell
10. Buyer's Representations and Warranties: Buyer's confirmations regarding financial capacity and understanding of property condition
11. Title and Transfer: Provisions regarding transfer of title and requirements for clear title delivery
12. Notices: Process and requirements for formal communications between parties
13. Governing Law: Specifies applicable law and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Tenant Rights: Required if the property is currently leased to tenants, addressing their rights and notice requirements
2. Property Management: Used when interim property management arrangements are needed between agreement and completion
3. Mortgage Assumption: Include when buyer is assuming the existing mortgage rather than paying it off
4. Environmental Matters: Required for properties with known environmental issues or in environmentally sensitive areas
5. Development Rights: Include when there are pending or transferable development rights or permits
6. Property Association: Required for properties subject to homeowners or condominium association requirements
7. Short Sale Provisions: Include when sale price is less than outstanding mortgage amount
8. Multiple Mortgages: Required when property has multiple mortgages or liens
1. Property Description Schedule: Detailed legal description of the property and boundary details
2. Fixture and Fittings Schedule: Itemized list of included and excluded fixtures and fittings
3. Existing Mortgage Details: Complete details of current mortgage including payment history and terms
4. Title Documents: List of all relevant title documents and encumbrances
5. Property Condition Report: Current condition assessment and any known defects
6. Outstanding Repairs Schedule: List of agreed repairs to be completed before or after completion
7. Required Consents: List of necessary third-party consents and their status
8. Payment Schedule: Detailed breakdown of payment terms and timing
Real Estate
Banking and Financial Services
Mortgage Lending
Legal Services
Property Development
Property Management
Insurance
Construction
Real Estate Investment
Legal
Real Estate
Compliance
Risk Management
Property Management
Mortgage Operations
Title and Escrow
Document Management
Contract Administration
Business Development
Real Estate Attorney
Property Lawyer
Mortgage Advisor
Real Estate Agent
Property Manager
Title Officer
Escrow Officer
Mortgage Underwriter
Real Estate Broker
Legal Counsel
Contract Manager
Property Developer
Real Estate Investment Manager
Compliance Officer
Risk Manager
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