The Owner Financed Sales Contract is a specialized agreement used in Saudi Arabia when a property seller provides direct financing to the buyer instead of the buyer obtaining third-party financing. This arrangement must strictly comply with Islamic finance principles and Saudi Arabian regulations, making it particularly useful in situations where traditional bank financing is not preferred or available. The document incorporates both immediate property transfer provisions and long-term payment obligations, structured in a way that adheres to Sharia law's prohibition of interest (Riba). It includes detailed sections on payment schedules, property rights, default remedies, and maintenance obligations, all framed within Saudi Arabia's legal framework and Islamic financial principles. This type of contract is commonly used in both commercial and residential property transactions, providing a legally sound alternative to conventional mortgage arrangements.
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1. Parties: Identification of the Seller/Financier and the Buyer/Purchaser with full legal names and details
2. Background: Context of the sale and financing arrangement, including property details and parties' intentions
3. Definitions: Key terms used throughout the agreement, including financial, property, and legal terminology
4. Sale Agreement: Core terms of the sale including property description, purchase price, and transfer conditions
5. Payment Terms: Detailed structure of the Sharia-compliant financing arrangement, including payment schedule and profit rate
6. Property Transfer: Process and conditions for transferring property ownership, including registration requirements
7. Seller's Representations and Warranties: Seller's declarations regarding property ownership, condition, and legal status
8. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and compliance with payment terms
9. Default and Remedies: Consequences of payment default and available legal remedies for both parties
10. Property Maintenance and Insurance: Responsibilities for property maintenance and insurance requirements during the financing period
11. Governing Law and Jurisdiction: Confirmation of Saudi law application and Sharia compliance
12. Notices: Process for formal communications between parties
13. Entire Agreement: Confirmation that the document represents the complete agreement between parties
1. Early Payment Provisions: Terms for early repayment of the financing amount, used when parties want to allow for this possibility
2. Third-Party Rights: Provisions regarding rights of third parties, used when other stakeholders might be involved
3. Property Development: Terms regarding future development or modification of the property, used for undeveloped or partially developed properties
4. Assignment: Terms for transferring rights under the agreement, used when parties want to allow for future assignment
5. Force Majeure: Provisions for unforeseen circumstances, used in longer-term financing arrangements
6. Dispute Resolution: Detailed dispute resolution procedures, used when parties want specific resolution mechanisms beyond court proceedings
1. Property Details: Detailed description of the property including legal title, boundaries, and specifications
2. Payment Schedule: Detailed breakdown of payment amounts and due dates
3. Property Inspection Report: Technical report on property condition at time of sale
4. Title Documents: Copies of property ownership documents and registration details
5. Profit Rate Calculation: Methodology for calculating Sharia-compliant profit rate
6. Property Insurance Requirements: Detailed insurance requirements and specifications
7. Required Permits and Approvals: List of necessary governmental and regulatory approvals
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