A Contract To Sell A House is a fundamental legal document used in Irish property transactions when transferring ownership of residential property from a vendor to a purchaser. This document is essential for any residential property sale in Ireland, whether the property is a standalone house, apartment, or other residential unit. It must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009, and includes crucial details such as property description, purchase price, payment terms, completion date, and various warranties. The contract ensures both parties' interests are protected and provides a clear framework for the transaction, including handling deposits, conducting searches, and managing the completion process. It's typically prepared by the vendor's solicitor and reviewed by the purchaser's solicitor before signing.
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1. Parties: Identifies and provides full details of the Vendor and Purchaser, including their current addresses
2. Background: Establishes the context of the sale, confirms the Vendor's ownership and right to sell, and states the Purchaser's intention to buy
3. Definitions: Defines key terms used throughout the agreement, including Property, Completion Date, Purchase Price, and other relevant terms
4. Agreement to Sell: States the core agreement where the Vendor agrees to sell and the Purchaser agrees to buy the Property at the specified price
5. Purchase Price: Specifies the agreed purchase price, deposit amount, and payment terms including method and timing of payments
6. Property Description: Provides detailed description of the property, including its address, folio number, and boundaries
7. Title: Details the type of title being transferred and any encumbrances or restrictions on the property
8. Completion: Sets out the completion date, process, and requirements for closing the sale
9. Vendor's Warranties: Lists the Vendor's warranties regarding the property's condition, planning status, and other relevant matters
10. Purchaser's Obligations: Outlines the Purchaser's responsibilities including payment, searches, and other requirements
11. Risk and Insurance: Specifies when risk passes to the Purchaser and insurance requirements
12. Notices: Details how formal notices between parties should be given and when they're deemed received
13. Governing Law: Confirms the contract is governed by Irish law and subject to Irish courts' jurisdiction
1. Tenant Rights: Required when the property is currently tenanted, addressing the status of existing tenancies
2. Planning Permissions: Needed when the property has pending or recent planning permissions or requirements
3. Management Company: Required for apartments or managed developments, detailing service charges and management company obligations
4. Help to Buy Scheme: Include when the Purchaser is using the Irish Help to Buy scheme
5. Mortgage Approval: Required when the purchase is subject to mortgage approval
6. Building Energy Rating: Optional section detailing specific energy performance commitments or warranties
7. Fixtures and Fittings: Detailed list of items included/excluded from sale when these need specific mention beyond the schedule
8. Snag List: Required for new builds or properties under construction, detailing completion requirements
1. Schedule 1 - Property Details: Detailed property description, including maps, boundaries, and relevant folios
2. Schedule 2 - Fixtures and Fittings: Comprehensive list of items included and excluded from the sale
3. Schedule 3 - Planning Documentation: Copies of relevant planning permissions, certificates, and notices
4. Schedule 4 - Title Documents: List of all title documents and certified copies
5. Appendix A - Property Maps: Land Registry maps and any other relevant property maps
6. Appendix B - BER Certificate: Building Energy Rating certificate and advisory report
7. Appendix C - Property Searches: Results of planning, tax, and other relevant searches
8. Appendix D - Management Company Documents: For managed properties, relevant management company documentation and rules
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