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Pre Sale Agreement for India

Pre Sale Agreement Template for India

A Pre Sale Agreement is a legally binding document used in Indian real estate transactions that establishes the terms and conditions for the future sale of a property, typically before its construction completion. Governed by the Real Estate (Regulation and Development) Act 2016 (RERA) and other Indian property laws, this agreement outlines the property specifications, payment schedule, completion timeline, and obligations of both parties. It serves as a crucial document that protects the interests of both the developer and the buyer, ensuring transparency and compliance with Indian real estate regulations while establishing the framework for the eventual execution of the final sale deed.

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What is a Pre Sale Agreement?

The Pre Sale Agreement is a fundamental document in Indian real estate transactions, particularly in the context of under-construction properties. It serves as a preliminary agreement between the developer/seller and the potential buyer, establishing the intention to sell and purchase a specified property. This document gained additional significance after the implementation of RERA in 2016, which made it mandatory for developers to register such agreements and follow standardized terms. The agreement typically precedes the final sale deed and includes essential details such as property specifications, payment schedules, completion timelines, and possession dates. It's particularly crucial in protecting buyers' interests during the construction phase while also providing developers with commitment from buyers. The Pre Sale Agreement must comply with various Indian laws including RERA, the Transfer of Property Act, and the Indian Contract Act, making it a legally robust document that forms the basis of the property transaction.

What sections should be included in a Pre Sale Agreement?

1. Parties: Identifies and provides full details of the seller/developer and buyer/purchaser including names, addresses, and registration details if applicable

2. Background: Provides context about the property development, seller's ownership/development rights, and buyer's interest in purchasing

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Property Details: Detailed description of the property being sold including location, dimensions, and unique identification details

5. Consideration and Payment Terms: Specifies the total consideration, payment schedule, and mode of payments

6. Construction Timeline: Details the construction stages, completion dates, and possession timeline as per RERA requirements

7. Seller's Representations and Warranties: Lists all warranties and representations made by the seller regarding title, approvals, and property condition

8. Buyer's Covenants: Outlines the buyer's obligations including payment commitments and compliance requirements

9. Default and Remedies: Specifies events of default and corresponding remedies available to both parties

10. Force Majeure: Defines circumstances beyond parties' control and their impact on obligations

11. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for dispute resolution

12. Notices: Details how formal communications between parties should be made and delivered

13. Execution: Space for signatures and witness details as required by Indian law

What sections are optional to include in a Pre Sale Agreement?

1. Third Party Rights: Required when there are existing mortgages, loans, or third-party interests in the property

2. Escrow Arrangements: Needed when payments are to be managed through an escrow mechanism

3. Common Areas and Facilities: Required for apartments or properties in larger developments with shared facilities

4. Club Membership: Included when the property comes with club or recreational facility access

5. Parking Allocation: Required when specific parking spaces are being allocated

6. Maintenance Agreement: Needed when there are specific maintenance terms or society formation plans

7. GST Provisions: Required when GST is applicable to the transaction

What schedules should be included in a Pre Sale Agreement?

1. Schedule A - Property Description: Detailed technical description of the property including boundaries, measurements, and floor plans

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

3. Schedule C - Specifications: Details of construction specifications, materials, and finishes to be used

4. Schedule D - Amenities and Features: List of amenities and features included in the development

5. Schedule E - Title Documents: List of title and ownership documents of the property

6. Schedule F - Approvals and Permissions: List of obtained and pending approvals from various authorities

7. Appendix 1 - Floor Plans: Detailed architectural plans of the property

8. Appendix 2 - Location Map: Map showing the location and approach to the property

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Ƶ

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Construction

Residential Property

Commercial Property

Property Development

Urban Planning

Architecture

Banking and Finance

Legal Services

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Property Management

Construction

Finance

Risk Management

Corporate Affairs

Relevant Roles

Real Estate Developer

Property Lawyer

Legal Counsel

Real Estate Agent

Property Manager

Compliance Officer

RERA Consultant

Project Manager

Sales Director

Contract Manager

Business Development Manager

Property Consultant

Financial Advisor

Construction Manager

Company Secretary

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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