Contract of sale of immovable property
1.Parties
- 1.1
This contract of sale is made at Place of signature today, Date of signature, between:
- 1.2
Seller's full name, holder of identity card or passport no. Seller's ID card or passport number, residing at Seller's address ("the Seller"), and
Name every registered owner. For a company, give its name, registration number and the person who signs.
- 1.3
Buyer's full name, holder of identity card, passport or ARC no. Buyer's ID card, passport or ARC number, residing at Buyer's address ("the Buyer").
Name every buyer, with each share if they buy in shares. Copy names and numbers exactly from the ID documents, or the deposit may fail.
- 1.1
2.The property
- 2.1
The Seller is the registered owner of the immovable property with registration details Land Registry details.
Copy the details from the title deed. The deposit is accepted only if the property, or its plot, is registered to at least one seller.
- 2.2
The subject of the sale is Description of the property, at Address of the property, as shown on the site plan and floor plans attached and signed by the parties ("the Property"). The Property Title deed status.
- 2.1
3.Sale and price
- 3.1
The Seller sells and the Buyer buys the Property for a price of €Price in euros, in figures (Price in words euros). The price VAT position.
- 3.1
4.Payment
- 4.1
On signing this contract the Buyer pays €Deposit paid on signature, in euros as a deposit on account of the price, receipt of which the Seller confirms by signing.
- 4.2
The balance of the price is paid as follows: Payment of the balance.
List each instalment with its amount and date. Tie the last payment to the transfer. Never pay the full price while no separate title deed exists.
- 4.3
All payments are made by bank transfer to the Seller's account Seller's bank account (IBAN) and bank. Proof of the transfer is proof of payment.
- 4.1
5.Encumbrances and prohibitions
- 5.1
The Seller attaches to this contract, as an integral part of it, a search certificate of the Property with encumbrances and prohibitions, dated no more than five (5) working days from the date of signature, in accordance with section 4(1A) of the Sale of Immovable Property (Specific Performance) Law of 2011.
- 5.2
The Seller declares that the Property is not subject to any mortgage, encumbrance, prohibition, memo or other deposited contract other than those shown in the search certificate, and undertakes to transfer the Property to the Buyer free of any encumbrance.
- 5.3
Optional
Because the Property is mortgaged, a Written Declaration in Form A of the Schedule to the Sale of Immovable Property (Specific Performance) Law, signed by the mortgagee, the Seller and the Buyer, is attached to this contract. The Buyer pays the sum stated in Form A into the Seller's bank account named in it.
Keep it when the search shows a mortgage, such as a developer's on the land. Without Form A, the buyer signs Form C, which gives no lender release (s. 5(2A)).
- 5.1
6.Deposit of the contract at the Land Registry
- 6.1
The Buyer or the Buyer's lawyer deposits this contract at the competent District Land Office within six (6) months of signature. The Seller provides every document and signature needed for the deposit.
Deposit it at once. The charge ranks from the day of deposit, so a later mortgage or memo cannot get ahead of you.
- 6.1
7.Permits and condition of the property
- 7.1
The Seller declares that the Property was built in accordance with the planning permit and the building permit, that there are no unauthorised works, and that a certificate of final approval has been or will be issued before the transfer. Copies of the permits are attached.
- 7.2
The Seller has handed the Buyer the Energy Performance Certificate of the Property.
- 7.1
8.Conditions precedent
- 8.1
Optional
This contract is subject to the condition precedent that a credit institution approves a loan of up to €Loan amount in euros to the Buyer by Latest date for loan approval. If the loan is not approved by then, this contract ends and the Seller refunds to the Buyer every sum received, within fourteen (14) days.
Delete it only if you pay from your own funds.
- 8.2
Optional
The transfer is subject to the grant to the Buyer of a Council of Ministers permit under the Acquisition of Immovable Property (Aliens) Law, Cap. 109, by Latest date for the Cap. 109 permit. The Buyer applies without delay. If the permit is refused, the Seller refunds to the Buyer every sum received.
Keep it if any buyer is not an EU or EEA citizen.
- 8.1
9.Transfer and possession
- 9.1
On full payment of the price, and no later than Latest date for the transfer, the Seller transfers the Property into the Buyer's name at the competent District Land Office. If no separate title deed exists yet, the Seller acts at the Seller's own cost to have it issued and notifies the Buyer in writing once it is issued.
- 9.2
For the transfer the Seller produces the tax clearance certificate (form N313) and certificates of payment of the municipal or community charges, the sewerage charges and the water supply charges.
- 9.3
The Buyer takes possession of the Property on Date the buyer takes possession. Until then the Seller bears the risk for the Property.
- 9.1
10.Costs, taxes and fees
- 10.1
The Buyer pays the Land Registry transfer fees. The Seller pays the capital gains tax and every tax, charge or common expense relating to the Property up to the date of possession. Each party pays its own lawyer.
- 10.2
Estate agent's commission: Agent's commission.
Say who pays it, with the agent's name and registration number.
- 10.1
11.Jointly owned building
- 11.1
Optional
The Property forms part of the jointly owned building "Name of the building or development". The Seller produces a statement from the Management Committee that no common expenses are owed up to the date of possession. From possession the Buyer pays the Property's share of the common expenses.
Keep it for a flat or a unit in a complex. Delete it for a detached house on its own plot.
- 11.1
12.Breach and termination
- 12.1
If a party breaches an essential term of this contract, the other party gives written notice to remedy the breach within Days to remedy a breach after notice days. If the breach is not remedied, the party not in breach may end this contract by written notice or seek its specific performance.
- 12.2
If this contract ends because of the Buyer's breach, the Seller is entitled to reasonable compensation not exceeding Agreed damages if buyer defaults% of the price, in accordance with section 74 of the Contract Law, and refunds the rest of the sums received to the Buyer. If it ends because of the Seller's breach, the Seller at once refunds to the Buyer all sums received, without prejudice to the Buyer's right to damages.
Under section 74 a court awards reasonable compensation up to the agreed figure. It does not let the seller keep any sum automatically.
- 12.3
The ending of this contract is also notified to the District Land Office for the withdrawal of the deposit, once the sums owed to the Buyer are refunded.
- 12.1
13.Notices and governing law
- 13.1
Every notice is given in writing by registered letter or by email to the following addresses: Seller Seller's address or email for notices, Buyer Buyer's address or email for notices.
- 13.2
This contract is governed by Cypriot law. The District Court of the district where the Property is located has jurisdiction over any dispute.
- 13.1
14.Annexes
- 14.1
The following form an integral part of this contract: the search certificate, the site plan, the floor plans, copies of the planning permit, the building permit and the certificate of final approval, the Energy Performance Certificate and, where applicable, Form A.
- 14.1
15.Signatures
- 15.1
This contract is signed in three originals, one for each party and one for deposit at the District Land Office. Signature of the Seller. Signature of the Buyer.
The Land Registry needs the contract with original signatures for the deposit.
- 15.2
Optional
Witnesses: Witnesses' names and identity numbers.
The law does not require witnesses. Delete the line if none sign.
- 15.1