A Land Sales Agreement is a fundamental legal document used in Irish property transactions to formalize the sale and purchase of land or property. This document is essential when any type of real estate is being transferred from one party to another in Ireland, whether it's residential, commercial, or agricultural land. The agreement 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, completion terms, warranties, and obligations of both parties. It's typically prepared after initial terms are agreed but before completion, and serves as the definitive contract governing the transaction. The document requires careful consideration of planning law, property rights, stamp duty implications, and registration requirements under Irish law.
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1. Parties: Identification and details of the Vendor and Purchaser
2. Background: Context of the transaction and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core agreement to sell and purchase the property, including the purchase price
5. Deposit: Terms regarding the deposit amount, payment timing, and holding conditions
6. Title: Vendor's warranty of good marketable title and requirements for title verification
7. Completion: Completion date, mechanics of completion, and requirements for closing
8. Vendor's Obligations: Pre-completion and completion obligations of the vendor
9. Purchaser's Obligations: Pre-completion and completion obligations of the purchaser
10. Conditions: Conditions precedent and subsequent to the agreement
11. Risk and Insurance: Provisions regarding property risk and insurance requirements until completion
12. Representations and Warranties: Standard warranties about the property's condition and title
13. Default: Consequences of default by either party and available remedies
14. Notices: Process for serving notices under the agreement
15. Governing Law: Confirmation of Irish law as governing law and jurisdiction
1. Planning Permissions: Details of planning permissions when the property has recent developments or pending applications
2. Tenant Rights: Required when the property is sold subject to existing tenancies
3. Agricultural Provisions: Special provisions required for agricultural land sales
4. Environmental Warranties: Additional warranties required for properties with potential environmental concerns
5. Development Rights: Special provisions regarding development potential or restrictions
6. VAT Provisions: Specific VAT arrangements where applicable to the transaction
7. Family Home Protection: Required declarations when property is or was a family home
8. Mortgage Details: Required when property is being sold subject to existing mortgage
1. Schedule 1 - Property Description: Detailed description of the property including boundaries and any rights or easements
2. Schedule 2 - Title Documents: List of title documents and certified copies to be delivered on completion
3. Schedule 3 - Fixtures and Fittings: Inventory of items included and excluded from the sale
4. Schedule 4 - Planning Documentation: Copies of relevant planning permissions, certificates, and notices
5. Schedule 5 - Property Searches: Results of local authority and other relevant searches
6. Appendix A - Property Maps: Land Registry maps and any other relevant plans
7. Appendix B - BER Certificate: Building Energy Rating certificate and advisory report
8. Appendix C - Requisitions on Title: Standard pre-contract enquiries and responses
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