Pre Purchase Agreement Template for India

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Key Requirements PROMPT example:

Pre Purchase Agreement

Need a Pre Purchase Agreement for acquiring a commercial property in Mumbai valued at ₹50 crore, with 10% advance payment and completion of due diligence by March 2025.

Document background
The Pre Purchase Agreement is a critical legal instrument used in Indian business transactions when parties need to formalize their intentions before proceeding with a final purchase. This document is particularly relevant when the transaction requires due diligence, regulatory approvals, or involves complex payment structures. It provides protection to both parties by legally binding them to the proposed transaction while allowing necessary investigations and arrangements to be made. Governed by Indian contract law, the agreement typically includes detailed provisions about the subject matter, payment terms, conditions precedent, and timelines. It's commonly used in real estate transactions, business acquisitions, and large-scale purchase of goods or equipment where significant preparation and verification are required before finalizing the purchase.
Suggested Sections

1. Parties: Details of the seller and purchaser, including full legal names, addresses, and registration details for companies

2. Background: Context of the transaction and brief description of the parties' intentions

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

4. Subject Matter: Detailed description of the property/goods to be purchased

5. Purchase Price: Agreed purchase price and payment structure

6. Payment Terms: Details of how and when payments will be made, including any advance payments

7. Conditions Precedent: Conditions that must be satisfied before the final purchase agreement is executed

8. Due Diligence: Rights and process for the purchaser to conduct due diligence

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

10. Covenants: Ongoing obligations of both parties during the pre-purchase period

11. Term and Termination: Duration of the agreement and circumstances for termination

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

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

14. Boilerplate Provisions: Standard contract clauses including entire agreement, amendments, and severability

Optional Sections

1. Escrow Arrangements: Terms for holding and releasing advance payments through an escrow agent

2. Financing Conditions: Include when purchase is subject to the buyer obtaining financing

3. Title Investigation: Specific for real estate transactions, detailing title search requirements

4. Environmental Compliance: For properties where environmental concerns need to be addressed

5. Intellectual Property Rights: For purchases involving business assets with IP components

6. Employee Matters: When the purchase involves transfer of employees or labor considerations

7. Regulatory Approvals: When specific regulatory clearances are required for the transaction

8. Force Majeure: Provisions for unforeseen circumstances preventing performance

Suggested Schedules

1. Property/Goods Description Schedule: Detailed technical specifications and description of the subject matter

2. Payment Schedule: Breakdown of payment installments and timelines

3. Due Diligence Checklist: List of documents and information to be provided for due diligence

4. Form of Notice: Template for formal notices under the agreement

5. Encumbrances Schedule: List of existing encumbrances or liens on the property/goods

6. Required Approvals: List of regulatory and other approvals needed to complete the transaction

7. Outstanding Litigation: Details of any pending legal proceedings affecting the subject matter

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
Relevant Industries

Real Estate

Manufacturing

Technology

Retail

Automotive

Infrastructure

Healthcare

Hospitality

Agriculture

Mining

Education

E-commerce

Industrial Equipment

Renewable Energy

Relevant Teams

Legal

Finance

Procurement

Real Estate

Compliance

Risk Management

Business Development

Operations

Corporate Affairs

Investment

Due Diligence

Project Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Legal Counsel

Corporate Lawyer

Property Manager

Procurement Manager

Business Development Manager

Real Estate Manager

Investment Analyst

Risk Manager

Compliance Officer

Contract Administrator

Project Manager

Operations Director

Asset Manager

Due Diligence Specialist

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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