The House Buying Contract is a fundamental legal document used in Pakistani real estate transactions to formalize the purchase and sale of residential property. This contract type is essential for protecting both buyer and seller interests while ensuring compliance with Pakistani property laws, including the Transfer of Property Act 1882, Registration Act 1908, and relevant local regulations. It is typically required when transferring ownership of any residential property in Pakistan, whether it's a completed structure or under construction. The document includes crucial information about the property, parties involved, financial terms, warranties, and completion requirements. It must address specific Pakistani legal requirements such as property registration procedures, stamp duty payments, and applicable Islamic law principles. The contract serves as the primary reference document throughout the transaction process and may be required by banks, registration authorities, and other stakeholders involved in the property transfer process.
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1. Parties: Identification and details of the seller and buyer, including their full legal names, CNICs, and addresses
2. Background: Context of the transaction, including brief property history and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including address, dimensions, boundaries, and registration details
5. Purchase Price: Agreed purchase price and payment terms including installment schedule if applicable
6. Payment Method: Specified method of payment and banking details
7. Transfer of Title: Process and obligations regarding the transfer of property title
8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and condition
9. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and compliance with laws
10. Closing Process: Steps to complete the transaction including documentation and registration requirements
11. Possession: Terms and timing of property possession transfer
12. Taxes and Expenses: Allocation of transaction costs, taxes, and fees between parties
13. Default and Remedies: Consequences of breach and available remedies
14. Governing Law: Specification of Pakistani law as governing law and relevant jurisdiction
15. Notices: Process for formal communications between parties
16. Entire Agreement: Statement that the contract represents the complete agreement between parties
1. Mortgage Contingency: Terms related to buyer's financing arrangements, used when purchase depends on mortgage approval
2. Property Inspection: Terms for property inspection and consequences of findings, used when buyer requires inspection before completion
3. Existing Tenancies: Details of current tenants and lease arrangements, used when property is sold with sitting tenants
4. Construction Completion: Used for under-construction properties, specifying completion timelines and standards
5. Foreign Ownership Compliance: Additional terms for foreign buyers, used when buyer is not a Pakistani national
6. Power of Attorney: Terms regarding representation through power of attorney, used when either party acts through an agent
7. Property Management: Interim management arrangements, used when there's a gap between sale and possession
8. Islamic Finance Compliance: Additional terms ensuring compliance with Islamic financing principles, used when Islamic financing is involved
1. Property Documents: List of all title and registration documents, including property card and tax records
2. Payment Schedule: Detailed breakdown of payment installments and due dates
3. Property Plans: Architectural plans, site maps, and property measurements
4. Inventory: List of fixtures, fittings, and any items included in the sale
5. Outstanding Liabilities: Details of any existing mortgages, liens, or encumbrances
6. Completion Requirements: Checklist of documents and actions required for completion
7. Property Inspection Report: Findings from property inspection if conducted
8. Utilities and Services: Details of existing utility connections and service providers
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