Short Sale Contract Template for Pakistan

A Short Sale Contract under Pakistani law is a legally binding agreement that facilitates the sale of property or securities at a price less than the amount owed on the asset. This document is structured in accordance with Pakistani contract law, property regulations, and financial sector requirements, incorporating necessary provisions from the Contract Act 1872 and relevant securities legislation. It outlines the terms and conditions of the short sale, including detailed procedures for execution, rights and obligations of all parties, regulatory compliance requirements, and specific provisions for dispute resolution under Pakistani jurisdiction.

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What is a Short Sale Contract?

The Short Sale Contract is a specialized legal instrument used in Pakistan when a property or security needs to be sold for less than its outstanding obligations. This document becomes necessary in situations where the seller cannot fulfill their full financial obligations and seeks to mitigate losses through a negotiated sale. The contract must comply with Pakistani legal requirements, including the Contract Act 1872, Securities Act 2015, and relevant SECP regulations. It typically includes comprehensive details about the asset being sold, payment terms, execution process, and necessary regulatory approvals. The Short Sale Contract serves as a crucial tool for financial institutions, property owners, and investors in managing distressed assets while ensuring legal compliance and protection for all parties involved.

What sections should be included in a Short Sale Contract?

1. Parties: Identifies and provides full details of all parties involved in the short sale transaction, including the seller, buyer, and any intermediaries

2. Background: Contextual information explaining the purpose and circumstances of the short sale

3. Definitions: Defines key terms used throughout the agreement for clarity and precision

4. Subject Matter of Sale: Details of the property or securities being sold, including precise identification and quantity

5. Purchase Price: Specifies the agreed purchase price and payment terms

6. Execution Process: Step-by-step process of how the short sale will be executed, including timing and delivery mechanisms

7. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity and authority to enter into the agreement

8. Conditions Precedent: Conditions that must be satisfied before the short sale can be executed

9. Closing Mechanism: Detailed procedure for completing the transaction, including documentation requirements

10. Risk and Liability: Allocation of risks and responsibilities between the parties

11. Default and Remedies: Consequences of breach and available remedies to the non-defaulting party

12. Governing Law and Jurisdiction: Specifies Pakistani law as governing law and determines jurisdiction for dispute resolution

What sections are optional to include in a Short Sale Contract?

1. Broker Provisions: Include when a broker is involved in facilitating the transaction, detailing their role and compensation

2. Security Arrangements: Include when additional security or collateral is required for the transaction

3. Tax Provisions: Include detailed tax considerations when the transaction has significant tax implications

4. Force Majeure: Include when parties want specific provisions for unforeseen circumstances affecting the transaction

5. Confidentiality: Include when sensitive information is involved in the transaction

6. Assignment Rights: Include when parties want to specify rights to assign the contract to other parties

7. Islamic Finance Compliance: Include when the transaction needs to comply with Islamic finance principles

What schedules should be included in a Short Sale Contract?

1. Property Details: Detailed description and documentation of the property or securities being sold

2. Payment Schedule: Detailed breakdown of payment terms, installments, and timing

3. Required Documents: List of all documents required for closing the transaction

4. Due Diligence Checklist: Comprehensive list of due diligence items to be completed

5. Regulatory Approvals: List of required regulatory approvals and their status

6. Broker Details: If applicable, detailed information about the broker and their commission structure

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

Jurisdiction

Pakistan

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use

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