The Private Sales Agreement For House is a fundamental legal document used in Irish residential property transactions between private parties. It is required whenever a residential property is being sold in Ireland, serving as the legally binding contract between vendor and purchaser. The agreement must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009, and includes essential elements such as property details, purchase price, payment terms, completion date, and various warranties. It's typically prepared after initial terms are agreed but before the exchange of contracts, and forms the basis for the subsequent conveyancing process. The document needs to address various aspects of Irish property law, including planning regulations, title requirements, and family home protection provisions.
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1. Parties: Identification of the Vendor and Purchaser with full legal names and addresses
2. Background: Context of the sale, including brief property description and intention to sell/purchase
3. Definitions: Key terms used throughout the agreement including Property, Completion Date, Purchase Price, Deposit
4. Sale and Purchase: Core agreement to sell and purchase the property at the specified price
5. Purchase Price and Payment Terms: Details of the purchase price, deposit, and payment schedule
6. Completion: Specifications for completion date, requirements, and process
7. Title and Documentation: Vendor's obligations regarding proof of title and required documentation
8. Vendor's Warranties: Standard warranties about property ownership, condition, and disclosures
9. Purchaser's Warranties: Confirmations regarding funding and capacity to complete purchase
10. Property Condition: Agreement on the state of the property and any included fixtures/fittings
11. Risk and Insurance: Responsibility for property insurance and risk transfer
12. Notices: Process for serving formal notices between parties
13. Governing Law: Confirmation of Irish law governing the agreement
14. Entire Agreement: Standard clause confirming this document represents the complete agreement
1. Planning Permissions: Required if property has undergone recent modifications or has pending planning applications
2. Management Company Provisions: Required for properties in managed developments or apartment complexes
3. Tenant Provisions: Required if property is currently tenanted or has recent tenancy history
4. VAT Provisions: Required if the property sale is subject to VAT
5. mortgage Release: Required if property has existing mortgage to be discharged
6. Special Conditions: For any unique requirements or circumstances specific to this sale
7. Environmental Warranties: Required if property is in protected area or has environmental considerations
1. Schedule 1 - Property Description: Detailed legal description of the property including folio number and boundaries
2. Schedule 2 - Fixtures and Fittings: Comprehensive list of items included/excluded in the sale
3. Schedule 3 - Required Documentation: List of documents to be provided by vendor before completion
4. Appendix A - Property Plans: Maps and plans showing property boundaries and location
5. Appendix B - Building Energy Rating Certificate: Current BER certificate and advisory report
6. Appendix C - Planning Documentation: Relevant planning permissions and compliance certificates
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