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Preliminary Contract Of Sale Template for Ireland

A Preliminary Contract of Sale under Irish law is a legally binding agreement that outlines the terms and conditions for the sale and purchase of real property in Ireland. This document serves as the foundation for the property transaction, detailing the agreed purchase price, property specifications, completion timeline, and obligations of both parties. It incorporates provisions from Irish property law, including the Land and Conveyancing Law Reform Act 2009, and requires compliance with local property registration and planning regulations. The contract provides essential protections for both vendors and purchasers while establishing the framework for the subsequent completion of the sale.

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What is a Preliminary Contract Of Sale?

The Preliminary Contract of Sale is a crucial document in Irish property transactions, required whenever real property is bought or sold in Ireland. It serves as the primary agreement between parties before the final transfer of property ownership. This document typically follows after initial negotiations and before the final closing, incorporating all essential terms including property details, price, completion date, and specific conditions. The contract must comply with Irish property law requirements, particularly the Land and Conveyancing Law Reform Act 2009 and related legislation. It's designed to protect both parties' interests by clearly stating all terms and conditions, including details about deposits, title requirements, and completion procedures. The document is especially important as it creates legally binding obligations once signed, making it essential for all property transactions in Ireland, whether residential or commercial.

What sections should be included in a Preliminary Contract Of Sale?

1. Parties: Identification and details of the Vendor and Purchaser, including full legal names, addresses, and any relevant registration numbers for corporate entities

2. Background: Context of the transaction, including brief property description and intention to enter into a binding agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Sale and Purchase: Core agreement to sell and purchase the property, including the agreed purchase price

5. Property Description: Detailed description of the property being sold, including its address and folio number

6. Purchase Price and Payment Terms: Detailed breakdown of the purchase price, deposit amount, and payment schedule

7. Deposit: Amount of deposit, when it's payable, and terms for holding and releasing the deposit

8. Title: Vendor's confirmation of good marketable title and obligations regarding title documentation

9. Completion: Completion date, location, and process for closing the transaction

10. Vendor's Obligations: Specific obligations of the vendor up to completion

11. Purchaser's Obligations: Specific obligations of the purchaser up to completion

12. Warranties: Standard warranties given by the vendor regarding the property

13. Risk and Insurance: Provisions regarding property risk and insurance requirements until completion

14. Default: Consequences of default by either party

15. Notices: How formal notices under the contract should be given

16. Governing Law: Confirmation that Irish law governs the agreement

17. Execution: Signature blocks and execution formalities

What sections are optional to include in a Preliminary Contract Of Sale?

1. Planning Conditions: Required when the property is subject to specific planning permissions or conditions

2. VAT: Required when the transaction is subject to VAT

3. Management Company: Required for properties in multi-unit developments

4. Tenant Rights: Required when the property is sold subject to existing tenancies

5. Building Energy Rating: Required for residential properties, detailing energy performance certification

6. Conditions Precedent: Required when the sale is subject to specific conditions being met before completion

7. Local Authority Requirements: Required when specific local authority conditions or requirements apply

8. Environmental Matters: Required when there are environmental considerations or concerns

What schedules should be included in a Preliminary Contract Of Sale?

1. Schedule 1 - Property Details: Comprehensive description of the property, including boundaries, rights of way, and easements

2. Schedule 2 - Title Documents: List of all title documents and their locations

3. Schedule 3 - Fixtures and Fittings: Detailed inventory of items included and excluded from the sale

4. Schedule 4 - Special Conditions: Any special conditions applying to the sale

5. Appendix 1 - Property Maps: Maps and plans showing the property boundaries and location

6. Appendix 2 - Planning Documentation: Copies of relevant planning permissions and certificates

7. Appendix 3 - BER Certificate: Building Energy Rating certificate and advisory report

8. Appendix 4 - Services: Details of utilities and services connected to the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use

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