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Agreement to Sale

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At Property Resolve, we understand that buying or selling property is one of life’s most significant decisions. Our mission is to transform complex legal processes into clear, secure, and stress-free experiences. Specializing in critical real estate documentation, we ensure every step, starting with the Agreement to Sell, is legally sound and perfectly aligned with your interests.

What is an Agreement to Sell?

An Agreement to Sell is not just a document; it’s the bedrock of your property transaction. It’s a legally binding contract where the seller promises to transfer the property to the buyer on specific terms and conditions, at a future date. It sets the stage for the final Sale Deed, ensuring both parties are committed and protected. With Property Resolve, this crucial first step is always clear, comprehensive, and watertight.

Why it matters:

 * Guaranteed Commitment: Locks in the buyer and seller.

 * Defined Roadmap: Outlines price, payment terms, and conditions.

 * Legal Assurance: Provides a legal basis for enforcement.

 * Foundation for Due Diligence: Allows time for necessary checks.

Why You Need a Professionally Drafted Agreement to Sell

While often overlooked, a poorly drafted Agreement to Sell can lead to significant disputes, financial losses, and endless litigation. Property Resolve ensures your agreement isn’t just a formality, but a powerful legal shield.

For Buyers, we Resolve

  • Seller Defaults: Ensures the seller cannot back out or sell to another party.
  • Unclear Terms: Provides absolute clarity on price, payment, and possession.
  • Title Issues: Allows time for thorough due diligence before final commitment.
  • Future Surprises: Minimizes risks by detailing all conditions upfront.

For Sellers, we Resolve

  • Buyer Non-Compliance: Defines consequences for delayed payments or buyer default.
  • Uncertainty: Secures buyer commitment and payment schedule.
  • Dispute Potential: Clearly outlines dispute resolution mechanisms.
  • Legal Vulnerabilities: Ensures your position is legally sound and defensible.

Our Comprehensive Agreement to Sell Service

Property Resolve delivers meticulous drafting and review services for your Agreement to Sell, covering every critical detail.

Our Expertise Ensures:

01

Precise Identification of Parties

Full legal names, addresses, and identification.

02

Detailed Property Description

Accurate identification of the property, including survey numbers, area, and boundaries.

03

Crystal-Clear Financial Terms

Purchase price, advance payment, installment schedules, and payment methods.

04

Conditions Precedent & Subsequent

All necessary actions or approvals before and after the agreement.

05

Possession & Handover Protocols

Defined timelines and procedures for property possession.

06

Representations & Warranties

Legal assurances from both buyer and seller.

07

Default & Remedies Clauses

Clear outlines of consequences for non-compliance and available legal remedies.

08

Dispute Resolution Mechanism

Agreed-upon methods for resolving potential disagreements (e.g., arbitration, mediation).

09

Compliance with Local Laws

Adherence to the latest stamp duty, registration, and other relevant legal provisions in Pune, Maharashtra.

Your Questions, Resolved.

Is an Agreement to Sell legally enforceable in India?

Yes, absolutely. Under the Specific Relief Act, 1963, an Agreement to Sell is a legally binding contract. If either party defaults, the aggrieved party can seek specific performance in court, compelling the defaulting party to fulfill their obligations.

Do I need to register my Agreement to Sell in Maharashtra?

While an Agreement to Sell itself is not a document of title transfer, in Maharashtra, if any earnest money or part payment of the consideration is paid, it is mandatory to register the Agreement to Sell under Section 17(1A) of the Registration Act, 1908. Registration makes the document publicly verifiable and legally stronger.

What's the difference between an Agreement to Sell and a Sale Deed?

An Agreement to Sell is a promise to sell, outlining the terms and conditions for a future transaction. It creates a right in personam (against a specific person). A Sale Deed is the final legal document that actually transfers ownership (title) of the property from the seller to the buyer, creating a right in rem (against the world).

What if the buyer or seller backs out after signing the Agreement to Sell?

The Agreement to Sell should clearly define the consequences of default. Typically, if the buyer defaults, the earnest money may be forfeited. If the seller defaults, they may be required to return the earnest money with interest or pay damages. Legal action for specific performance can also be pursued.

Property Resolve: Your Partner for Flawless Property Transactions

In the intricate world of real estate, you need more than just legal services – you need a partner who anticipates challenges and delivers precise solutions.

Ready to Secure Your Property Deal with Confidence?

Don’t leave your property transaction to chance. Let Property Resolve draft an Agreement to Sell that protects your interests and paves the way for a successful sale or purchase.