Owner Finance Purchase Agreement Template for England and Wales

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Key Requirements PROMPT example:

Owner Finance Purchase Agreement

"I need an Owner Finance Purchase Agreement for selling my commercial property in Manchester for £450,000, with a 15% down payment and monthly instalments over 20 years at 5.5% interest, completion planned for March 2025."

Document background
The Owner Finance Purchase Agreement is utilized when traditional mortgage financing is not the preferred or available option for property purchase. This document, governed by English and Welsh law, provides a comprehensive framework for seller-financed property transactions. It includes essential elements such as property details, purchase price, payment terms, security provisions, and default remedies. The agreement must comply with various UK regulations, including the Consumer Credit Act 1974 and Financial Services and Markets Act 2000, particularly regarding consumer protection and credit arrangements. It's commonly used in situations where buyers may not qualify for traditional mortgages or when sellers prefer to earn interest income through direct financing.
Suggested Sections

1. Parties: Identifies and defines the seller/owner and purchaser

2. Background: Sets out the context of the agreement and basic transaction structure

3. Definitions: Defines key terms used throughout the agreement

4. Property Description: Detailed description of the property being sold

5. Purchase Price: States the total purchase price and payment structure

6. Payment Terms: Details of down payment, installments, interest rates, and payment schedule

7. Security Provisions: Details of any security interests or liens

8. Default Provisions: Consequences of default and remedies

9. Transfer of Title: Conditions and process for transferring property title

Optional Sections

1. Insurance Requirements: Property insurance obligations - include when requiring specific insurance coverage

2. Property Maintenance: Maintenance obligations during financing period - include when specific maintenance standards are required

3. Early Payment Provisions: Terms for early payoff or prepayment - include if early payment options are offered

4. Transfer Restrictions: Limitations on property transfer during financing period - include when transfer restrictions are desired

Suggested Schedules

1. Property Description Schedule: Detailed legal description of property

2. Payment Schedule: Detailed amortization schedule

3. Property Condition Report: Documentation of property condition at sale

4. Title Documents: Copies of relevant title documents

5. Insurance Certificates: Copies of required insurance documentation

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Credit Act 1974: Primary legislation regulating credit agreements, requiring specific information disclosures, establishing consumer protection measures, and setting licensing requirements for credit providers

Financial Services and Markets Act 2000: Regulates financial services and markets, including requirements for authorized lenders and financial promotion rules

Consumer Rights Act 2015: Establishes fairness of contract terms, transparency requirements, and consumer protection provisions

Law of Property Act 1925: Provides legal framework for property transactions, including requirements for property transfers and mortgage provisions

Land Registration Act 2002: Sets requirements for registering property interests, priority of interests, and notice requirements

Financial Services (Distance Marketing) Regulations 2004: Regulates financial services agreements conducted remotely

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices and requires transparency in transactions

Money Laundering Regulations 2017: Establishes due diligence requirements and record keeping obligations for financial transactions

GDPR and Data Protection Act 2018: Sets requirements for personal data handling and privacy notices in business transactions

Mortgage Credit Directive Order 2015: Regulates mortgage contracts and establishes information requirements for property financing

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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