Title: Changing Terms of Selling Agreement
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Changing Terms of Selling Agreement March 14,
2018 Real Estate Changing Terms of Selling
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Invariably, all of us enter the property market
with a greater deal of confusion in the heads.
For instance, a rookie wouldn't be able to tell
varied between the agreements to sell and sale
deed. They sound as if these are one and the same
things. As one upgrade from being the greenhorn
to the researcher, you find out what mistake it
is to assume that things were similar. Now you
know that the agreement to sell the document that
sets terms and conditions based on the property
transaction would actually be completed. The
creation of the sale deed, on the other hand,
means the purchase has been made. There are
still, however, certain details that may not
catch the attention as far as the agreement
goes. Do note that Indian law doesn't
specifically mention anything about the written
sale agreement. To make the document legally
valid, it must be registered under Indian
Contract Act, 1872. In case, you fail to do so
and document remains non-registered, whatsoever,
it has no legal validity. Also, it is crucial for
parties involved in the transaction to lay out
terms and conditions in such a manner that
documents remain valid in the case of disputes
arise in future and has to move the court. Making
a difference An agreement, typically, to sale
mention all details of property, the parties
involved, various payments, time within which
transaction must be completed, etc. at this
specific point, it is significant to note that
there are no limitations on clauses you can
insert in document for sake of future clarity, it
is best that you do so. This is the reason why
new-age sale agreements have the clauses that
didn't exist in the older times.
2Home loan
In big cities, most purchases are actually made
with help of borrowing. Now, the banks wouldnt
process your application for home loan till the
present in form of the agreement to sell. In such
a scenario, actually, you are signing up for
something without being sure whether or not bank
would lend you money you are seeking. Your
earnest money will be forfeited if the bank
refuses to lend the money at a later stage. This
is the reason why home buyers the days insert the
clause in the agreement, stating that deal would
materialize after bank sanction a certain amount
of loan. Utility and membership Sale agreement
does at times mention that utility bills (water
and electricity charges) and property tax must
clear to make purchase possible. There are
numerous additional clauses that are made in
documents with the regard to this. Urban-day
housing societies proffer plenty of luxuries.
They do have an in-house gymnasium, clubs, etc.
However, residents, have to pay specific charges
to become members. Those who purchase a resale
home in residential society are seen inserting
the clause that says that purchase also covers
membership fees of several kinds. This makes
sure, the seller doesnt ask for additional money
to transfer the rights of membership. Stamp
duty The home buyers, in India, have to bear the
cost that actually comes in form of the stamp
duty which varies between 4-10 of transaction
value, it is, however, not legally binding on the
home buyers to make the payment. The two parties
could share it. In case, the seller and buyer
have stuck like the deal, this part must clearly
mention in the sale agreement.
Factors to Keep in Mind while Buying a House
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