Earnest Money Agreement Form Template for India

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Key Requirements PROMPT example:

Earnest Money Agreement Form

"I need an Earnest Money Agreement Form for a residential property purchase in Mumbai, with a 10% earnest money deposit of ₹5,00,000 to be held in escrow until March 15, 2025, including standard refund conditions if the sale doesn't proceed due to failed property inspection."

Document background
The Earnest Money Agreement Form is a fundamental document in Indian real estate transactions, used when a potential buyer wants to demonstrate serious intent to purchase a property. This agreement is typically executed at the initial stages of a property transaction, after preliminary negotiations but before the final sale agreement. The document details the earnest money deposit amount (usually 5-10% of the purchase price), terms of deposit, and conditions for refund or forfeiture. It must comply with Indian contract law, particularly the Indian Contract Act, 1872, and the Transfer of Property Act, 1882. The agreement provides security to both parties: for sellers, it offers protection against non-serious buyers, and for buyers, it secures their interest in the property while due diligence and financing arrangements are completed.
Suggested Sections

1. Parties: Identification of all parties involved in the agreement including buyer, seller, and any escrow agents

2. Background: Brief context of the transaction and purpose of the earnest money deposit

3. Definitions: Key terms used throughout the agreement

4. Earnest Money Details: Amount of earnest money, form of payment, and deadline for deposit

5. Escrow Terms: Details of where and how the earnest money will be held

6. Property Description: Description of the property being purchased

7. Purchase Price: Total purchase price and how earnest money applies to it

8. Conditions for Release: Terms under which earnest money will be released to either party

9. Default and Remedies: Consequences of default by either party and available remedies

10. Governing Law: Specification of Indian law as governing law and jurisdiction

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Broker Involvement: Terms regarding real estate broker's role and responsibilities, included when brokers are involved in the transaction

2. Contingencies: Specific conditions that must be met before the transaction proceeds, such as financing or inspections

3. Multiple Deposits: Schedule of multiple earnest money deposits if applicable

4. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration provisions

5. Force Majeure: Provisions for unforeseen circumstances that may affect the agreement

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the property including address, boundaries, and registration details

2. Schedule B - Payment Schedule: Detailed breakdown of earnest money payment terms and timeline

3. Schedule C - Due Diligence Documents: List of documents to be provided for due diligence

4. Appendix 1 - Property Documents: Copies of property ownership documents and certificates

5. Appendix 2 - Proof of Earnest Money Deposit: Copy of check, payment receipt, or other proof of earnest money deposit

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 Industries

Real Estate

Construction

Property Development

Banking and Finance

Legal Services

Real Estate Brokerage

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Contract Administration

Documentation

Finance

Relevant Roles

Real Estate Manager

Property Lawyer

Legal Counsel

Real Estate Agent

Property Developer

Escrow Officer

Compliance Officer

Contract Manager

Real Estate Transaction Coordinator

Property Sales Manager

Legal Administrator

Real Estate Broker

Industries
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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