Real Estate Pre Sale Agreement Template for England and Wales

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Key Requirements PROMPT example:

Real Estate Pre Sale Agreement

"I need a Real Estate Pre Sale Agreement for a commercial property purchase in London, with specific conditions regarding planning permission approval and a completion date set for March 2025, including chain-break provisions as we're part of a property chain."

Document background
The Real Estate Pre-Sale Agreement is essential in property transactions within England and Wales where parties wish to formalize their intentions before proceeding to exchange of contracts. This document is particularly valuable when dealing with complex property transactions, chain-dependent sales, or when either party requires certain conditions to be met before proceeding to completion. It typically includes property details, price agreements, timeline commitments, and any special conditions, while allowing sufficient time for surveys, searches, and mortgage arrangements to be completed. The agreement helps reduce uncertainty and provides a clear framework for proceeding to final sale.
Suggested Sections

1. Parties: Details of buyer and seller, including full legal names and addresses

2. Background: Context of the transaction and property details

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including boundaries and included fixtures

5. Purchase Price: Agreed purchase price and payment terms

6. Deposit Terms: Amount, payment timing, and handling of deposit

7. Completion Date: Agreed timeline for completion of sale

8. Title and Registration: Provisions regarding title transfer and registration requirements

9. Representations and Warranties: Standard warranties from both parties regarding the property and transaction

10. Termination: Circumstances under which the agreement can be terminated and consequences

Optional Sections

1. Conditional Clauses: Used when sale depends on specific conditions such as mortgage approval or survey results

2. Chain Break Provisions: Procedures and remedies if property chain breaks

3. New Build Provisions: Specific terms for new construction including warranties and completion standards

4. Planning Permissions: Special provisions regarding existing or required planning permissions

5. Environmental Provisions: Specific terms dealing with environmental issues or contamination

Suggested Schedules

1. Property Schedule: Detailed property information including title number and registered details

2. Fixtures and Fittings Schedule: Comprehensive list of included and excluded items in the sale

3. Title Documents: Copies of relevant title documents and plans

4. Property Information Form: Standard property information provided by seller

5. Search Results: Results of local authority, environmental, and other relevant searches

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

Clauses
Industries

Law of Property Act 1925: Foundational legislation governing property law principles, requirements for land contracts, and legal estates and interests in land

Law of Property (Miscellaneous Provisions) Act 1989: Specifies formal requirements for property contracts including Section 2 requirements for contracts to be in writing and conditions for validity

Land Registration Act 2002: Covers registration requirements, title information, and priority of interests in land

Consumer Protection from Unfair Trading Regulations 2008: Regulations for residential property transactions including disclosure obligations and provisions against misrepresentation

Estate Agents Act 1979: Governs estate agent involvement, including disclosure requirements and professional obligations

Common Law Principles: Legal principles regarding contract formation, misrepresentation, breach of contract, and available remedies

Money Laundering Regulations 2017: Requirements for identity verification and due diligence obligations in property transactions

Consumer Rights Act 2015: Consumer protection legislation covering fair terms and consumer rights in residential property transactions

Town and Country Planning Act 1990: Planning legislation covering building regulations and local planning restrictions

Environmental Protection Act 1990: Legislation covering environmental considerations and contaminated land issues in property transactions

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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