The Commercial Property Contract is a fundamental legal instrument used in Pakistan for transactions involving commercial real estate. This document is essential when businesses or individuals are buying, selling, or leasing commercial properties such as office spaces, retail outlets, warehouses, or industrial facilities. It operates within the framework of Pakistani property law, particularly the Transfer of Property Act 1882 and various provincial regulations. The contract typically includes comprehensive details about the property, transaction terms, warranties, and compliance requirements with local building and zoning laws. It's designed to protect both parties' interests while ensuring the transaction meets all legal requirements for property transfer or lease in Pakistan, including proper registration and stamp duty payment.
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1. Parties: Identification and details of the seller/lessor and buyer/lessee, including complete legal names, addresses, and registration details for companies
2. Background: Context of the transaction, brief property history, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the commercial property, including exact location, measurements, and boundaries
5. Consideration: Purchase price or rent amount, payment terms, and payment schedule
6. Completion: Timeline and process for completing the transaction, including conditions precedent
7. Seller's Warranties: Warranties regarding property title, encumbrances, and compliance with laws
8. Property Handover: Process and conditions for physical possession transfer
9. Registration and Stamp Duty: Obligations regarding document registration and payment of applicable stamp duties
10. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and relevant jurisdiction
11. Dispute Resolution: Process for handling disputes, including mediation and arbitration procedures
12. Notices: Process and addresses for serving formal notices under the agreement
1. Due Diligence: Detailed provisions for property inspection and document verification, used when buyer requires specific due diligence rights
2. Conditions Subsequent: Post-completion obligations, included when there are specific requirements after property transfer
3. Property Management: Terms for property management and maintenance, relevant for lease agreements or when selling with ongoing services
4. Insurance: Insurance requirements and obligations, included when specific insurance coverage is required
5. Environmental Compliance: Environmental obligations and warranties, used for industrial properties or when environmental concerns exist
6. Development Rights: Terms regarding future development or modification rights, included when development potential is part of the transaction
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
1. Property Description Schedule: Detailed technical description of the property including floor plans, boundaries, and measurements
2. Title Documents: List and copies of all relevant title and ownership documents
3. Payment Schedule: Detailed breakdown of payment terms, installments, and due dates
4. Due Diligence Reports: Technical, legal, and environmental assessment reports
5. Existing Tenancies: Details of any existing tenants and lease agreements affecting the property
6. Property Permits: Copies of all relevant permits, licenses, and certificates
7. Fixtures and Fittings: Inventory of included fixtures, fittings, and equipment
8. Building Plans: Approved architectural plans and drawings
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