The Commercial Real Estate Sale Agreement is a comprehensive document used when transferring ownership of commercial property in the United States. It serves as the primary contract between buyer and seller, detailing all aspects of the transaction from initial offer through closing. This agreement addresses crucial elements including property condition, environmental concerns, existing tenancies, title matters, and financing arrangements. It must comply with both federal regulations and state-specific real estate laws, making it essential for complex commercial property transactions.
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1. Parties: Identification of buyer and seller, including legal entity type and state of formation
2. Background/Recitals: Brief description of the property and purpose of the transaction
3. Definitions: Key terms used throughout the agreement
4. Purchase Price and Payment Terms: Details of consideration, deposit, and payment structure
5. Property Description: Detailed legal description of the property and included assets
6. Due Diligence: Inspection period, access rights, and review of documents
7. Closing Conditions: Requirements to be met before closing
8. Representations and Warranties: Statements of fact by both parties
9. Default and Remedies: Consequences of breach by either party
10. Closing Procedures: Timeline and requirements for completion
1. Environmental Matters: Additional provisions for properties with potential environmental issues or industrial history
2. Tenant Matters: Provisions addressing existing leases and tenants for properties with current occupants
3. Development Rights: Provisions regarding transfer of development rights or entitlements for properties with unused development potential
4. 1031 Exchange: Provisions facilitating tax-deferred exchange when either party intends to conduct such exchange
1. Schedule A - Property Description: Detailed legal description and property boundaries
2. Schedule B - Due Diligence Documents: Inventory of required documentation
3. Schedule C - Permitted Exceptions: List of accepted title exceptions
4. Schedule D - Rent Roll: Current tenant information and lease terms
5. Schedule E - Environmental Reports: Phase I/II environmental assessments
6. Schedule F - Property Condition Report: Physical condition assessment
7. Schedule G - Closing Documents: Required closing deliverables
8. Schedule H - Form Deed: Template of deed to be used for the transaction
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