The Private Sale Of House Contract is a fundamental legal document used in Irish residential property transactions between private individuals. This contract is essential when transferring ownership of residential property in Ireland, incorporating requirements from various legislative frameworks including the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964. It is used when a private seller (vendor) agrees to sell their residential property to a private buyer (purchaser), documenting the agreed terms, conditions, price, and completion requirements. The contract includes crucial details about the property, warranties about its condition and title, compliance with planning and building regulations, and specific Irish legal requirements for property transfer. It serves as the primary legal instrument protecting both parties' interests in what is typically one of the largest financial transactions they will undertake.
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1. Parties: Details of the Vendor and Purchaser, including full legal names, addresses, and contact information
2. Background: Brief context of the sale and confirmation that the Vendor is the legal owner with right to sell
3. Definitions: Definitions of key terms used throughout the contract
4. Property Description: Detailed description of the property being sold, including its folio number and exact address
5. Purchase Price: The agreed purchase price, deposit amount, and payment terms
6. Title: Vendor's confirmation of good marketable title and details of any encumbrances
7. Completion: Completion date, requirements, and procedures for closing the sale
8. Vacant Possession: Confirmation that the property will be sold with vacant possession
9. Condition of Property: State and condition of the property at completion
10. Planning and Building Regulations: Warranties regarding compliance with planning laws and building regulations
11. Representations and Warranties: Standard warranties from both parties
12. Risk and Insurance: Responsibility for insurance and risk transfer
13. Default: Consequences of default by either party
14. Notices: How formal notices should be given between parties
15. Governing Law: Confirmation that Irish law governs the contract
1. Management Company: Required for apartments or managed developments - details of management company and service charges
2. Tenant Rights: Required if property is currently tenanted - details of existing tenancies
3. Protected Structure: Required if the property is a protected structure - specific obligations and restrictions
4. Planning Permission Conditions: Required if there are ongoing planning conditions affecting the property
5. Rural Property Provisions: Required for rural properties - including any agricultural ties or restrictions
6. Mortgage Details: Required if property is being sold subject to existing mortgage
7. Land Registry Compliant Plans: Required if property boundaries differ from Land Registry maps
8. Local Authority Housing: Required if property was previously local authority housing with clawback provisions
9. Snag List Provisions: Required for new builds - details of snag list process and remediation
1. Schedule 1 - Property Details: Detailed property description including boundaries, rights of way, and easements
2. Schedule 2 - Fixtures and Fittings: Comprehensive list of items included and excluded from the sale
3. Schedule 3 - Planning Documentation: List of planning permissions, certificates, and compliance documentation
4. Schedule 4 - Title Documents: List of title documents and searches
5. Appendix A - Property Maps: Land Registry maps and any other relevant property plans
6. Appendix B - BER Certificate: Building Energy Rating certificate and advisory report
7. Appendix C - Service Charges: Details of any service charges and management company fees
8. Appendix D - Property Searches: Results of planning, tax, and other relevant searches
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