The Home For Sale By Owner Contract is a specialized legal document used in Ireland for private property sales where the owner chooses to sell directly without engaging a real estate agent. This approach, while potentially cost-saving, requires a robust legal framework to ensure all aspects of the sale are properly documented and legally compliant. The contract incorporates essential elements required by Irish property law, including proper property description, title verification, planning compliance, and transfer procedures. It's particularly relevant in the current property market where sellers increasingly opt for direct sales, especially in straightforward transactions where the property has clear title and both parties seek to minimize transaction costs. The document must comply with various Irish legislative requirements, including the Land and Conveyancing Law Reform Act 2009, Registration of Title Act 1964, and relevant consumer protection laws.
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1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and contact information
2. Background: Brief context of the sale, including property ownership status and intention to sell
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Full legal description of the property, including folio number, boundaries, and registered address
5. Purchase Price: Agreed purchase price, payment terms, deposit amount, and payment schedule
6. Closing and Completion: Details of closing date, completion requirements, and transfer of ownership process
7. Title and Registration: Confirmation of good marketable title and requirements for registration
8. Seller's Representations and Warranties: Seller's declarations regarding property condition, ownership, and encumbrances
9. Purchaser's Obligations: Purchaser's commitments, including payment terms and due diligence requirements
10. Condition of Property: Current state of the property and any included/excluded fixtures and fittings
11. Risk and Insurance: Responsibility for property insurance and risk transfer timing
12. Default and Remedies: Consequences of breach by either party and available remedies
13. Notices: How formal communications between parties should be made
14. Governing Law: Confirmation that Irish law governs the agreement
15. Execution: Signature blocks and execution requirements
1. Planning Permissions: Details of existing planning permissions or restrictions, used when property has specific planning conditions
2. Tenancies: Information about existing tenancies, required if property is currently tenanted
3. Management Company: Details of management company arrangements, needed for apartments or managed developments
4. Environmental Matters: Environmental conditions or restrictions, included if property has specific environmental considerations
5. Protected Structures: Special conditions for protected structures, required if property is listed or in a conservation area
6. Mortgage Details: Information about existing mortgages and discharge process, needed if property is mortgaged
7. Boundary Agreements: Special agreements regarding boundaries, needed if there are specific boundary arrangements
8. Rights of Way: Details of any rights of way or easements, included if applicable to the property
1. Schedule 1: Property Description: Detailed property description including maps, plans, and boundaries
2. Schedule 2: Fixtures and Fittings: Comprehensive list of included and excluded fixtures and fittings
3. Schedule 3: Title Documents: List of all relevant title documents and searches
4. Schedule 4: Planning Documentation: Copies of relevant planning permissions and certificates
5. Schedule 5: Property Searches: Results of local authority and other relevant searches
6. Appendix A: BER Certificate: Building Energy Rating certificate and advisory report
7. Appendix B: Property Maps: Land Registry maps and any other relevant plans
8. Appendix C: Property Photographs: Dated photographs of property condition at time of agreement
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