Non Refundable Deposit Agreement Template for India

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Key Requirements PROMPT example:

Non Refundable Deposit Agreement

"I need a Non-Refundable Deposit Agreement for a property purchase in Mumbai, with a 10% deposit of 5,000,000 INR to be paid by January 15, 2025, where the deposit will be forfeited if the purchase doesn't complete by March 2025."

Document background
The Non-Refundable Deposit Agreement is a crucial document used in Indian business and property transactions to secure commitments and mitigate risks. This agreement is typically employed when one party needs to demonstrate serious intent in a transaction by providing a non-returnable deposit, such as in property purchases, business acquisitions, or significant service contracts. It must comply with Indian contract law, particularly the Indian Contract Act, 1872, and may require registration under specific circumstances. The document includes essential details such as deposit amount, payment schedule, explicit non-refundability clauses, and the conditions under which the deposit is forfeited. It's particularly important in high-value transactions where parties need to establish firm commitments and allocate risk effectively.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the agreement, including the purpose of the deposit and the underlying transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Deposit Amount and Payment: Specification of the deposit amount and payment terms

5. Non-Refundable Nature: Clear statement of the non-refundable nature of the deposit and specific circumstances under which this applies

6. Purpose of Deposit: Detailed explanation of what the deposit is securing or its intended use

7. Representations and Warranties: Statements of fact and promises made by both parties

8. Default and Consequences: Actions constituting default and their consequences

9. Notices: How and where formal communications between parties should be made

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

Optional Sections

1. Multiple Payment Schedule: Include when the deposit is to be paid in installments

2. Third Party Rights: Include when there are third parties who may have rights or obligations under the agreement

3. Force Majeure: Include when parties want to address circumstances beyond their control that might affect the agreement

4. Conditions Precedent: Include when there are specific conditions that must be met before the deposit becomes non-refundable

5. Assignment: Include when either party may need to transfer their rights or obligations

6. Confidentiality: Include when sensitive information will be exchanged as part of the transaction

7. Electronic Execution: Include when the agreement may be signed electronically

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment amounts and dates if multiple payments are involved

2. Property Details: If the deposit relates to property, detailed description of the property

3. Underlying Transaction Details: Details of the main transaction for which the deposit is being paid

4. Bank Account Details: Specified bank account information for deposit payments

5. Contact Details: Detailed contact information for all parties and their representatives

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

Manufacturing

Retail

Construction

Professional Services

Hospitality

Automotive

Technology

Education

Healthcare

Relevant Teams

Legal

Finance

Commercial

Real Estate

Sales

Procurement

Operations

Compliance

Business Development

Risk Management

Relevant Roles

Legal Counsel

Contract Manager

Real Estate Manager

Business Development Manager

Property Developer

Commercial Director

Procurement Manager

Sales Manager

Company Secretary

Finance Director

Operations Manager

Transaction Manager

Compliance Officer

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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