Memorandum Of Understanding (Real Estate) Template for India

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Memorandum Of Understanding (Real Estate)

"I need a Memorandum of Understanding (Real Estate) for a joint venture between my development company and a landowner to develop a commercial complex in Mumbai, with construction planned to start in March 2025 and including provisions for profit sharing and phased development."

Document background
The Memorandum of Understanding (Real Estate) is a crucial preliminary document in Indian real estate transactions, commonly used before entering into definitive agreements. It serves as a roadmap for complex property transactions, capturing the parties' intentions and key commercial terms while maintaining flexibility for detailed negotiations. This document type is particularly relevant in India's dynamic real estate market, where transactions often involve multiple stakeholders and regulatory compliance requirements. The MOU helps establish clear expectations regarding property details, consideration, timelines, and conditions precedent, while addressing state-specific requirements and RERA compliance where applicable. It's especially valuable in scenarios involving significant due diligence requirements, phased transactions, or complex ownership structures, providing a structured framework while maintaining the preliminary nature of the arrangement.
Suggested Sections

1. Parties: Identification and details of all parties involved in the MOU, including their legal status, registration details, and addresses

2. Background: Context of the transaction, brief history of negotiations, and purpose of the MOU

3. Definitions: Definitions of key terms used throughout the MOU to ensure clarity and avoid ambiguity

4. Subject Matter: Detailed description of the property involved, including location, dimensions, and unique identifiers

5. Proposed Transaction: Outline of the intended transaction structure and key commercial terms

6. Consideration: Proposed purchase price or consideration structure, including payment terms and schedule

7. Due Diligence: Framework for conducting property and title verification, including timelines and responsibilities

8. Conditions Precedent: Key conditions that must be satisfied before proceeding to definitive agreements

9. Timeline: Expected timeline for completion of due diligence, documentation, and transaction closing

10. Confidentiality: Obligations regarding confidential information shared during the transaction process

11. Exclusivity: Period during which parties agree not to negotiate with other parties

12. Good Faith: Commitment to negotiate definitive agreements in good faith

13. Costs: Allocation of costs and expenses related to the transaction

14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes

15. Term and Termination: Duration of the MOU and circumstances under which it can be terminated

Optional Sections

1. RERA Compliance: Specific section for RERA compliance details - required if the property is under RERA jurisdiction

2. Foreign Investment: Special provisions related to foreign investment - needed if any party is a foreign entity

3. Development Rights: Terms related to development rights - relevant for undeveloped or partially developed properties

4. Environmental Compliance: Environmental considerations and compliance requirements - needed for properties in environmentally sensitive areas

5. Third Party Rights: Provisions dealing with existing tenancies or third-party rights - relevant if property is not vacant

6. Broker/Intermediary: Terms related to broker involvement - needed if transaction involves brokers

7. Joint Development: Framework for joint development - applicable in case of development partnerships

8. Force Majeure: Provisions for unforeseen circumstances - recommended for long-term arrangements

Suggested Schedules

1. Property Description Schedule: Detailed property specifications, boundaries, and measurements

2. Title Documents List: List of all title and ownership documents to be reviewed

3. Payment Schedule: Detailed breakdown of payment terms and milestones

4. Due Diligence Checklist: Comprehensive list of documents and verifications required

5. Encumbrances Schedule: List of existing encumbrances, liens, or legal claims on the property

6. Compliance Requirements: List of regulatory approvals and compliance requirements

7. Property Photos and Plans: Visual documentation of the property including maps and photographs

8. Key Timelines: Detailed timeline for various stages of the transaction

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
Clauses
Relevant Industries

Real Estate

Construction

Property Development

Commercial Property

Residential Property

Industrial Property

Hospitality

Retail

Infrastructure

Urban Development

Agriculture (for land conversion)

Manufacturing

Logistics and Warehousing

Healthcare

Relevant Teams

Legal

Real Estate

Business Development

Finance

Compliance

Risk Management

Operations

Property Management

Project Development

Investment

Asset Management

Due Diligence

Valuations

Corporate Affairs

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Property Acquisition Manager

Real Estate Broker

Investment Manager

Project Manager

Land Acquisition Specialist

Compliance Officer

Risk Manager

Property Valuation Expert

Urban Planning Consultant

Real Estate Analyst

Asset Manager

Development Director

Operations Manager

Transaction Manager

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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