The Real Estate Sellers Agreement is a crucial legal document used in Irish property transactions when a property owner intends to sell their real estate. It serves as the primary agreement governing the sale process and protecting the seller's interests under Irish law. The document incorporates requirements from various Irish legislation, including the Land and Conveyancing Law Reform Act 2009, Property Services (Regulation) Act 2011, and relevant consumer protection laws. It is designed to be comprehensive, covering all aspects of the property sale from initial agreement to completion, including property details, warranties, price, completion requirements, and specific Irish legal obligations. This agreement is essential for both residential and commercial property sales in Ireland and must comply with the Property Services Regulatory Authority's requirements and Irish conveyancing practices.
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1. Parties: Identification of the seller(s) and their legal representatives
2. Background: Context of the agreement and brief property overview
3. Definitions: Defined terms used throughout the agreement
4. Property Details: Comprehensive description of the property being sold
5. Purchase Price: Agreed sale price and payment terms
6. Deposit: Details of deposit amount, payment timing, and handling
7. Title and Ownership: Seller's confirmation of ownership and right to sell
8. Seller's Warranties: Warranties regarding the property's condition and legal status
9. Completion: Process and requirements for completing the sale
10. Vacant Possession: Commitment to provide vacant possession on completion
11. Risk and Insurance: Responsibility for property insurance and risk until completion
12. Notices: How formal notices between parties should be given
13. Governing Law: Confirmation of Irish law governing the agreement
14. Execution: Signature blocks and execution requirements
1. Tenant Rights: Required if the property is currently tenanted, detailing existing tenancy agreements
2. Planning Permissions: Needed if the property has ongoing or recent planning applications
3. Management Company: Required for apartments or managed developments
4. Protected Structures: Required if the property is a protected structure under Irish law
5. Rural Property Provisions: Required for agricultural land or rural properties with specific restrictions
6. Mortgage Details: Required if the property has an existing mortgage to be discharged
7. Foreign Investment: Required if the seller is a non-resident for tax purposes
8. Joint Ownership: Required when property is jointly owned
9. Family Home Protection: Required when the property is a family home under the Family Home Protection Act
1. Schedule 1 - Property Description: Detailed property description including boundaries and maps
2. Schedule 2 - Fixtures and Fittings: Comprehensive list of items included/excluded in the sale
3. Schedule 3 - Title Documents: List of all relevant title documents and certificates
4. Schedule 4 - Planning Documentation: Copies of relevant planning permissions and certificates
5. Schedule 5 - Property Certificates: BER certificate and other relevant property certificates
6. Appendix A - Property Plans: Floor plans, site maps, and boundary details
7. Appendix B - Searches and Reports: Results of local authority searches and other relevant reports
8. Appendix C - Service Charges: Details of any service charges or management fees
9. Appendix D - Special Conditions: Any special conditions applying to the sale
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