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Registered Agreement For Sale for Ireland

Registered Agreement For Sale Template for Ireland

A Registered Agreement for Sale is a legally binding document used in Irish property transactions that outlines the terms and conditions for the sale and purchase of registered property. This document, governed by Irish law, particularly the Land and Conveyancing Law Reform Act 2009, serves as a formal contract between the vendor and purchaser. It contains detailed provisions regarding the property description, purchase price, completion terms, title requirements, and various warranties and representations. The agreement ensures compliance with Irish property law and registration requirements, providing legal protection for both parties during the property transfer process.

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What is a Registered Agreement For Sale?

The Registered Agreement for Sale is a crucial document in Irish property transactions, used when transferring ownership of registered land or property. This agreement is essential for ensuring compliance with Irish property law and registration requirements, particularly under the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964. It serves as the primary contract between parties in property transactions, detailing all aspects of the sale including property description, price, payment terms, completion requirements, and obligations of both parties. The document is particularly important as it forms the basis for the eventual registration of the property transfer in the Land Registry, ensuring legal protection for both vendor and purchaser. It is commonly used in both residential and commercial property transactions where the property is registered in the Land Registry, and its format and content must comply with specific Irish legal requirements.

What sections should be included in a Registered Agreement For Sale?

1. Parties: Identifies and defines the Vendor and Purchaser with full legal names and addresses

2. Background: Recitals explaining the context of the sale, including the Vendor's ownership and intention to sell

3. Definitions: Defines key terms used throughout the agreement including Property, Completion Date, Purchase Price, and other relevant terms

4. Agreement to Sell: Core agreement where Vendor agrees to sell and Purchaser agrees to buy the Property

5. Purchase Price: Specifies the agreed purchase price, deposit amount, and payment terms

6. Title: Details of the title being transferred and any encumbrances or restrictions

7. Completion: Specifies the completion date and procedures for closing the sale

8. Vendor's Obligations: Lists all obligations of the Vendor including delivery of title documents and vacant possession

9. Purchaser's Obligations: Details all obligations of the Purchaser including payment terms and due diligence requirements

10. Representations and Warranties: Standard warranties about the property's condition and title

11. Risk and Insurance: Provisions regarding property risk transfer and insurance requirements

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

13. Notices: Procedures for serving notices between parties

14. Governing Law: Confirms Irish law as governing law and jurisdiction

What sections are optional to include in a Registered Agreement For Sale?

1. Planning Compliance: Required when dealing with property affected by planning permissions or restrictions

2. VAT: Include when the transaction is subject to VAT

3. Tenant Rights: Required when the property is sold subject to existing tenancies

4. Environmental Matters: Include when environmental issues or assessments are relevant

5. Service Charges: Required for properties subject to management companies or service charges

6. Conditions Precedent: Include when completion is subject to specific conditions being met

7. Development Rights: Required when selling property with development potential or restrictions

8. Multiple Units: Include when the sale involves multiple units or properties

What schedules should be included in a Registered Agreement For Sale?

1. Schedule 1 - Property Description: Detailed description of the property including folio number, boundaries, and maps

2. Schedule 2 - Title Documents: List of all title documents and their locations

3. Schedule 3 - Fixtures and Fittings: Inventory of items included and excluded from the sale

4. Schedule 4 - Special Conditions: Any special conditions or requirements specific to this transaction

5. Appendix A - Property Maps: Maps and plans showing the property boundaries and location

6. Appendix B - Planning Documentation: Copies of relevant planning permissions and certificates

7. Appendix C - Searches: Results of planning, tax, and other relevant searches

8. Appendix D - BER Certificate: Building Energy Rating certificate and advisory report

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Ireland

Publisher

Ƶ

Document Type

Contract to Sell

Cost

Free to use

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