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Contract To Sell Condominium Template for India

A legally binding agreement governed by Indian law that facilitates the sale and transfer of a condominium unit from a seller/developer to a buyer. The document complies with the Real Estate (Regulation and Development) Act 2016 (RERA) and relevant state-specific apartment ownership laws. It details the property specifications, payment terms, possession timeline, and rights and obligations regarding common areas and facilities. The agreement includes essential provisions for maintenance, utilities, and compliance with society rules, while incorporating necessary representations and warranties to protect both parties' interests.

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What is a Contract To Sell Condominium?

The Contract To Sell Condominium is a crucial legal document used in Indian real estate transactions for the sale of apartment units in multi-dwelling buildings. It becomes necessary when a developer or owner wishes to sell a condominium unit, whether completed or under construction. The document must comply with the Real Estate (Regulation and Development) Act 2016 (RERA), state-specific apartment ownership laws, and local municipal regulations. It covers essential aspects including property details, payment terms, possession timeline, maintenance obligations, and common area rights. This agreement type is particularly important in urban areas where condominium developments are common and requires careful attention to both central and state-specific legal requirements. It serves as the primary document establishing the rights and obligations of both parties in the condominium sale transaction.

What sections should be included in a Contract To Sell Condominium?

1. Parties: Details of the seller/developer and buyer including names, addresses, and legal status

2. Background: Context of the transaction, property project details, and RERA registration information

3. Definitions: Definitions of key terms used in the agreement including Property, Common Areas, Transfer Date, etc.

4. Property Details: Specific description of the condominium unit, including floor area, floor plan, and unit number

5. Sale Consideration: Purchase price, payment schedule, and mode of payment

6. Payment Terms: Detailed payment milestones, default consequences, and interest provisions

7. Possession and Transfer: Timeline for possession, conditions for handover, and transfer process

8. Seller's Representations and Warranties: Warranties about title, encumbrances, and compliance with laws

9. Common Areas and Facilities: Rights and obligations regarding common areas, facilities, and their usage

10. Maintenance and Utilities: Responsibilities for maintenance, repairs, and utility connections

11. Buyer's Covenants: Buyer's obligations including timely payments and compliance with society rules

12. Default and Remedies: Consequences of default by either party and available remedies

13. Registration and Transfer Costs: Allocation of stamp duty, registration charges, and other transfer costs

14. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction over disputes

15. Notices: Process and addresses for serving notices under the agreement

What sections are optional to include in a Contract To Sell Condominium?

1. Loan and Financial Terms: Include when buyer is obtaining financing - covers mortgage terms and bank obligations

2. Construction Status and Specifications: Include for under-construction properties - details construction timeline and specifications

3. Car Parking Assignment: Include when dedicated parking spaces are being allocated with the unit

4. Interior Works: Include when seller is providing customized interiors or allowing modifications

5. Force Majeure: Include for under-construction properties to address construction delays due to unforeseen circumstances

6. Assignment Rights: Include when transfer rights need to be restricted before full payment

7. Club Membership: Include when club/recreational facilities are part of the complex

What schedules should be included in a Contract To Sell Condominium?

1. Schedule A - Property Description: Detailed technical description of the unit including measurements and boundaries

2. Schedule B - Payment Schedule: Detailed breakdown of payment installments and due dates

3. Schedule C - Floor Plan: Architectural plan of the specific unit being sold

4. Schedule D - Specifications: Details of materials, fittings, and finishes to be provided

5. Schedule E - Common Areas List: List and description of all common areas and facilities

6. Schedule F - Title Documents: Copies of key title and permission documents

7. Schedule G - Maintenance Charges: Details of maintenance charges and calculations

8. Appendix 1 - Society Rules: Copy of society/association rules and regulations

9. Appendix 2 - RERA Declarations: Mandatory disclosures and declarations under RERA

Authors

Alex Denne

Advisor @ 蜜桃传媒AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Document Type

Cost

Free to use

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