The Agreement to Sell Contract is a fundamental legal document in Irish property transactions, essential for both residential and commercial property sales. This document is used when parties have agreed to the sale of a property and need to formalize the terms and conditions in accordance with Irish law. It typically follows initial negotiations and the exchange of preliminary contracts or heads of terms. The agreement comprehensively covers all aspects of the sale, from property description and price to completion requirements and warranties, ensuring compliance with Irish property law, including the Land and Conveyancing Law Reform Act 2009. It serves as the primary document governing the rights and obligations of both vendor and purchaser throughout the sale process, and its terms are crucial for protecting both parties' interests and ensuring a smooth transaction.
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1. Parties: Identification and details of the vendor and purchaser
2. Background: Context of the sale and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Sell: Core agreement terms including the property description and sale price
5. Purchase Price and Payment Terms: Detailed breakdown of the purchase price, deposit requirements, and payment schedule
6. Title and Documentation: Vendor's obligations regarding proof of title and required documentation
7. Conditions Precedent: Conditions that must be satisfied before completion
8. Completion: Requirements and procedures for completing the sale
9. Vendor's Warranties: Warranties and representations made by the vendor regarding the property
10. Purchaser's Warranties: Warranties and representations made by the purchaser
11. Risk and Insurance: Allocation of risk and insurance requirements until completion
12. Default and Termination: Consequences of default and termination rights
13. Notices: Process for serving notices between parties
14. Governing Law: Confirmation of Irish law as governing law and jurisdiction
15. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
1. Existing Tenancies: Required when the property is sold subject to existing tenancies
2. Planning Permissions: Required when the property requires specific planning permissions or has ongoing planning matters
3. VAT: Required when the transaction is subject to VAT
4. Environmental Matters: Required when there are environmental concerns or requirements
5. Service Charges: Required for properties subject to service charges or management companies
6. Mortgage Details: Required when the property is being sold subject to an existing mortgage
7. Development Rights: Required when there are specific development rights or restrictions
8. Rights of Way: Required when there are specific access rights or easements
1. Schedule 1 - Property Description: Detailed description of the property including boundaries and any maps or plans
2. Schedule 2 - Fixtures and Fittings: Comprehensive list of items included and excluded from the sale
3. Schedule 3 - Title Documents: List of all title documents and encumbrances
4. Schedule 4 - Planning Documentation: Copies of relevant planning permissions and certificates
5. Schedule 5 - Property Searches: Results of property searches and enquiries
6. Appendix A - Property Plans: Maps, floor plans, and site plans of the property
7. Appendix B - BER Certificate: Building Energy Rating certificate and advisory report
8. Appendix C - Property Service Charges: Details of any service charges, ground rent or management fees
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