Pre Sale Agreement for Ireland

Pre Sale Agreement Template for Ireland

A Pre Sale Agreement under Irish law is a legally binding document that establishes the preliminary terms and conditions for a property transaction before the execution of the main contract of sale. This document outlines the key elements of the proposed transaction, including property details, purchase price, deposit arrangements, and conditions precedent. It provides both parties with security and clarity while allowing time for due diligence, securing financing, and addressing any pre-contract requirements. The agreement is particularly important in Irish property transactions as it helps prevent gazumping and provides a structured framework for progressing to the final sale.

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What is a Pre Sale Agreement?

The Pre Sale Agreement serves as a crucial preliminary contract in Irish property transactions, establishing legally binding commitments between parties before proceeding to the main contract of sale. It is typically used when parties want to secure their positions in a property transaction while allowing time for necessary investigations, due diligence, or financing arrangements. The document includes essential details such as property description, purchase price, deposit terms, conditions precedent, and timeframes. Under Irish law, this agreement provides important protections for both parties and helps prevent practices such as gazumping. It is particularly valuable in complex transactions, new developments, or where specific conditions need to be met before proceeding to completion. The agreement must comply with various Irish legislative requirements, including the Land and Conveyancing Law Reform Act 2009 and relevant consumer protection legislation.

What sections should be included in a Pre Sale Agreement?

1. Parties: Identification and details of the Vendor and Purchaser, including full legal names and addresses

2. Background: Context of the transaction, including brief property description and intention to enter into a pre-sale arrangement

3. Definitions: Defined terms used throughout the agreement, including Property, Completion Date, Purchase Price, and other key terms

4. Sale and Purchase: Core agreement to sell and purchase the property, subject to terms and conditions

5. Purchase Price: Agreed purchase price, deposit amount, and payment terms

6. Deposit: Amount, payment terms, and conditions for holding and releasing the deposit

7. Title: Vendor's confirmation of good marketable title and requirements for title verification

8. Conditions Precedent: Conditions that must be satisfied before proceeding to main contract, including planning permissions and surveys

9. Timeframe: Duration of the pre-sale agreement and timeline for completing the main contract

10. Vendor's Obligations: Specific commitments and warranties from the vendor during the pre-sale period

11. Purchaser's Obligations: Specific commitments and requirements for the purchaser during the pre-sale period

12. Termination: Circumstances under which either party may terminate the agreement and consequences

13. Notices: Process and requirements for formal communications between parties

14. Governing Law: Confirmation of Irish law as governing law and jurisdiction

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Pre Sale Agreement?

1. Planning Permissions: Required when the property requires specific planning permissions or has ongoing planning issues

2. Building Survey: Include when a building survey is a condition of the pre-sale agreement

3. Management Company: Required for apartments or properties in managed developments

4. Environmental Matters: Include when environmental surveys or certificates are required

5. Existing Tenancies: Required when the property is subject to existing tenancies

6. VAT: Include when the transaction is subject to VAT

7. Stage Payments: Required for new builds or properties under construction

8. Third Party Consents: Include when specific third-party approvals are needed

What schedules should be included in a Pre Sale Agreement?

1. Property Description: Detailed description of the property including boundaries, maps, and floor plans

2. Purchase Price Structure: Breakdown of purchase price, deposit, and payment schedule

3. Title Documents: List of title documents and required searches

4. Planning Documentation: Copies or details of relevant planning permissions and certificates

5. Property Certificates: List of required certificates (e.g., BER, fire safety)

6. Fixtures and Fittings: Inventory of items included/excluded in the sale

7. Special Conditions: Any special conditions specific to the property or transaction

8. Form of Main Contract: Draft or template of the main contract to be entered into

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

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Contract to Sell

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Banking & Finance

Residential Property

Commercial Property

Property Management

Professional Services

Relevant Teams

Legal

Real Estate

Property

Commercial

Sales

Acquisitions

Development

Contracts

Conveyancing

Corporate

Risk & Compliance

Relevant Roles

Property Lawyer

Real Estate Attorney

Conveyancing Solicitor

Property Developer

Real Estate Agent

Property Manager

Commercial Director

Legal Counsel

Contract Manager

Property Portfolio Manager

Acquisitions Manager

Development Director

Sales Director

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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