The Home Sales Agreement is a fundamental legal document used in Irish residential property transactions to formalize the sale and purchase of homes. It serves as the primary contract between sellers and buyers, incorporating essential elements required by Irish property law and conveyancing practice. This agreement is typically prepared after initial terms are agreed upon and before the exchange of contracts, incorporating necessary provisions from the Land and Conveyancing Law Reform Act 2009, Family Home Protection Act, and other relevant legislation. It includes detailed property descriptions, price and payment terms, warranties, and completion procedures, along with provisions for title transfer and registration. The document is critical for protecting both parties' interests and ensuring a legally compliant property transfer in Ireland.
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1. Parties: Identifies and provides full details of the seller and purchaser, including names, addresses, and contact information
2. Background: Outlines the context of the sale, confirms the seller's ownership and right to sell, and states the buyer's intention to purchase
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Property Description: Detailed description of the property being sold, including address, boundaries, and folio number
5. Purchase Price: States the agreed purchase price, payment terms, and deposit requirements
6. Completion: Sets out the completion date and process for transferring ownership
7. Title and Registration: Details regarding proof of title, Land Registry requirements, and transfer process
8. Seller's Warranties: Warranties given by the seller regarding the property's condition, planning status, and legal compliance
9. Buyer's Obligations: Outlines the buyer's responsibilities including payment, due diligence, and completion requirements
10. Condition of Property: States the condition in which the property will be transferred and any included/excluded fixtures and fittings
11. Planning and Compliance: Confirms compliance with planning laws and building regulations
12. Default and Remedies: Specifies consequences of breach and available remedies
13. Notices: Details how formal communications between parties should be made
14. Governing Law: Confirms Irish law as governing law and jurisdiction
1. Mortgage Arrangements: Include when buyer requires mortgage financing, detailing conditions and arrangements
2. Vacant Possession: Include when property is currently occupied and timing of vacancy needs to be specified
3. Planning Permission: Include when property has pending planning applications or requires specific planning consent
4. Management Company: Include for apartments or managed developments, detailing service charges and management arrangements
5. Environmental Matters: Include when there are specific environmental considerations or assessments
6. Party Walls: Include for semi-detached or terraced properties addressing party wall rights and obligations
7. Rights of Way: Include when property involves shared access or rights of way
8. Stamp Duty: Include specific provisions about stamp duty when arrangements differ from standard practice
1. Schedule 1: Property Details: Detailed property description, boundaries, and maps
2. Schedule 2: Fixtures and Fittings: Comprehensive list of items included/excluded in the sale
3. Schedule 3: Planning Documentation: List of relevant planning permissions, certificates, and notices
4. Schedule 4: Title Documents: List of title documents and relevant land certificates
5. Appendix A: Property Plans: Maps, floor plans, and boundary drawings
6. Appendix B: Building Energy Rating Certificate: Current BER certificate and advisory report
7. Appendix C: Property Searches: Results of local authority and planning searches
8. Appendix D: Service Charges: Details of service charges and management company information (if applicable)
Relevant legal definitions
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Real Estate
Residential Property
Legal Services
Financial Services
Property Management
Construction
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Relevant Teams
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Real Estate
Compliance
Property Management
Sales
Contracts Administration
Risk Management
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Relevant Roles
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Conveyancing Solicitor
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Mortgage Advisor
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Compliance Officer
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