Agreement To Sell

An agreement to sell is a legal document that lays down the terms and conditions governing the sale and purchase of a property. An agreement to sell comes before a sale deed and on the basis of this agreement, the provisions of a sale deed are drafted.

A sale agreement lays down the intention of the seller to sell the property and of the buyer to purchase the property. An agreement to sell property does not indicate the actual sale, rather, it is like a written promise that the sale will be carried out and legally binding on the seller and buyer.

Draft Your Agreement To Sell
At INR 7999

What You'll Get In The Package

Inclusion

  • Telephonic conversation with the lawyer for 30 minutes.
  • Verification of documents and information.
  • Drafting of agreement to sell property.

Exclusion

  • Preparing any other legal document pertaining to the sale.

Documents required to draft an Agreement to Sell

  • Details of the seller and buyer.
  • Information about the property to be sold.
  • Other relevant information relevant for the drafting of document. 

Steps for drafting an Agreement to Sell

The relevant information and documents are submitted and verified by the lawyer. The draft of agreement to sell is prepared by the lawyer and sent for approval. Changes are made and the final property sale agreement is prepared and is ready to be signed by both the parties.

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FAQs

How is agreement to sale different from sale deed?
An agreement to sell lays down the terms & conditions between the seller and buyer for the sale of property. Sale deed is executed at the time of actual transfer of property i.e. transfer of ownership from seller to buyer.
What are the important disclosures in a sale agreement?
Some important disclosures in an agreement to sell are any defect in the property, defect in the title, exact location of property, street, boundary, surrounding property, etc. built-up area, construction material used, etc.
What happens if stamp duty is incorrect?
The agreement is not admissible as evidence before the court if full stamp duty has not been paid. The deficit stamp duty along with the applicable fine will have to be paid in order to make the agreement admissible as evidence.
What happens if a party dies during agreement drafting?
The agreement remains valid even in case of the death of seller. The sale has to be completed by the legal heirs of the deceased. A well-drafted agreement must include such clause that lays down the execution of an agreement in case of the death of either side.
What is the process of registration of agreement?
Registration is done after the parties execute the document. The agreement should be registered with the Sub-Registrar under the Indian Registration Act, 1908 within 4 months from the date of execution of the document.
What are the duties of a seller?
The duties of a seller include informing the buyer about any defect in property or title, executing sale deed, handing over the possession of property, handing over the records of right after receiving the consideration, etc.
What are the duties of a buyer?
The duties of a buyer include paying the consideration on time, paying taxes after taking possession of property, etc.
Who can be a witness to attestation of agreement?
Any person, who has attained the age of 18 and is of sound mind, can be a witness.