The Agreement of Purchase and Sale Commercial is a comprehensive legal document used when transferring ownership of commercial real estate in the United States. This agreement is essential for protecting both buyers' and sellers' interests in complex commercial transactions. It includes detailed provisions for property inspection, environmental assessments, title review, and financing arrangements. The document must comply with both federal regulations and state-specific requirements, making it a crucial tool for ensuring legal compliance and transaction security. It's particularly important for establishing clear terms, conditions, and contingencies that govern the sale process.
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1. Parties: Identification and details of the buyer and seller including legal names, addresses, and entity types
2. Background: Context of the transaction, brief property description, and purpose of the agreement
3. Definitions: Key terms and their meanings used throughout the agreement
4. Property Description: Detailed description of the commercial property including address, legal description, and included fixtures/equipment
5. Purchase Price: Purchase amount, payment terms, deposits, and adjustments
6. Closing Terms: Closing date, deliverables, and conditions for completing the transaction
7. Representations and Warranties: Statements of fact by both parties regarding property condition, title, authority to sell, and compliance with laws
8. Default and Remedies: Rights and remedies of parties in case of breach or default
9. Governing Law: Jurisdiction and applicable laws governing the agreement
1. Due Diligence: Buyer's investigation rights, timeline, and scope of property inspection and document review
2. Financing Contingency: Terms and conditions related to buyer's ability to secure financing for the purchase
3. Tenant Rights: Provisions regarding existing tenants, lease assignments, and security deposits
4. Environmental Matters: Specific provisions relating to environmental compliance, investigations, and remediation
5. Property Management: Transition provisions for property management and operational matters
1. Schedule A - Property Description: Detailed legal description of the property and included assets
2. Schedule B - Title Documents: Current title documentation and permitted encumbrances
3. Schedule C - Environmental Reports: Environmental assessment results and compliance documentation
4. Schedule D - Lease Schedule: Inventory of existing leases, terms, and tenant information
5. Schedule E - Property Condition Report: Detailed assessment of property condition and necessary repairs
6. Schedule F - Service Contracts: List of existing service contracts and maintenance agreements
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