The Agreement To Sell Property is a fundamental legal document used in Irish property transactions to formalize the sale of real estate between a vendor and purchaser. This agreement is essential for any property sale in Ireland, whether the transaction involves residential homes, commercial buildings, agricultural land, or development sites. It must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009, and includes comprehensive details about the property, purchase price, completion requirements, warranties, and title matters. The document serves as the primary contract governing the entire transaction and forms the basis for the subsequent conveyancing process. It is typically prepared after negotiations have concluded and preliminary contracts have been exchanged, but before the final transfer of ownership occurs.
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1. Parties: Identification and details of the Vendor and Purchaser
2. Background: Context of the sale and brief description of the property
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Agreement to Sell: Core agreement of sale including the purchase price and payment terms
5. Property Description: Detailed description of the property being sold, including boundaries and any included/excluded items
6. Title: Vendor's confirmation of good marketable title and requirements for proving title
7. Conditions Precedent: Any conditions that must be satisfied before completion can occur
8. Completion: Mechanics of completion, including timing, location, and requirements
9. Vendor's Warranties: Standard warranties about the property's condition, planning status, and other material matters
10. Purchaser's Warranties: Warranties regarding the purchaser's capacity and funding
11. Risk and Insurance: Provisions regarding responsibility for the property before completion
12. Notices: How formal notices under the agreement should be given
13. Governing Law and Jurisdiction: Confirmation that Irish law governs and Irish courts have jurisdiction
1. Tenancies: Required if the property is subject to existing tenancies, detailing treatment of deposits and notices
2. Planning Permissions: Required if the property has ongoing or pending planning permissions
3. VAT: Required if the transaction is subject to VAT
4. Management Company: Required for apartments or managed developments
5. Environmental Matters: Required if there are environmental issues or certifications
6. Fixtures and Fittings: Detailed list of items included/excluded in sale if not standard
7. Development Potential: Required if the property has significant development potential
8. Service Charges: Required for properties subject to service charges or management fees
1. Schedule 1 - Property Description: Detailed legal description of the property including folio numbers and maps
2. Schedule 2 - Included Contents: Inventory of fixtures, fittings and contents included in the sale
3. Schedule 3 - Incumbrances: List of any charges, burdens or rights affecting the property
4. Schedule 4 - Requisitions on Title: Standard pre-contract enquiries and responses
5. Schedule 5 - Deed of Transfer: Form of transfer deed to be executed at completion
6. Appendix A - Property Plans: Maps, floor plans and site boundaries
7. Appendix B - Planning Documentation: Copies of relevant planning permissions and certificates
8. Appendix C - BER Certificate: Building Energy Rating certificate and advisory report
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Commercial Property
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Agriculture (for farmland)
Retail (for commercial premises)
Hospitality (for hotels/restaurants)
Relevant Teams
Legal
Real Estate
Property Management
Acquisitions
Commercial
Compliance
Investment
Operations
Finance
Risk Management
Relevant Roles
Property Lawyer
Real Estate Attorney
Conveyancing Solicitor
Property Manager
Estate Agent
Real Estate Broker
Property Developer
Commercial Director
Legal Counsel
Compliance Officer
Real Estate Investment Manager
Property Portfolio Manager
Land Acquisition Manager
Title Officer
Real Estate Transaction Coordinator
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