Sales Contract Sample
Sales Contract SampleThe best person to decide what you agree to is yourself. It is of course advisable to seek independent legal advice when purchasing a property. There are laws in Cyprus as with most other countries that supersede and overrule illegal clauses in contracts and general agreements. However, Contract Law primarily governs business transactions, so be sure of what you are agreeing to. On the following pages can be found an example of a sales agreement. This example is for informational purposes only, and as such, gives an indication of the type of contract found in Cyprus. One must in each individual case, think about the specific requirements of that situation. An Example of a Sales Agreement For the purposes of this example, we are going to use a two-bedroom apartment on a complex, with use of a swimming pool, for the sum of CY£55 000.00. Two methods of payment are shown. The fictitious address is: Flat 101 Block 4 Sunshine Gardens. |
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SALES AGREEMENT |
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| AGREEMENT made the 2nd January 2001 BETWEEN (name and address of seller) (hereinafter
called the Vendors) of the first part and (name and address of buyer) (hereinafter
called the Purchaser) of the second part. WHEREAS |
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| A | The
Vendors have agreed to erect on the land (plot X) (1) sheet plan Y, Paphos,
a number of houses, maisonettes and flats for sale, lease and/or exploitation
by the Vendors such development to be known as "SUNSHINE GARDENS". |
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| B | The
Vendors have agreed to sell and the Purchasers have agreed to buy a two-bedroom
apartment (101) forming part of "SUNSHINE GARDENS" subject to the various
terms, conditions, covenants and stipulations hereinafter contained as well
as in the Appendix attached hereto which forms an integral part of this
agreement. |
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| WHEREBY
IT IS AGREED AS FOLLOWS: |
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| 1(a) | The
Vendors undertake and agree to erect at their own cost in a substantial
and workmanlike manner and in accordance with the drawings and specifications
hereto attached as Appendix A, on the aforesaid plot a flat of two bedrooms
delineated on the drawings of Appendix A and thereon marked red (hereinafter
called "the Premises"), all drawings and specifications attached hereto
are made a part hereof. |
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| 1(b) | &SUNSHINE
GARDENS& project design includes a communal swimming pool. 101 apartment
has the right to use this swimming pool. The various provisions of the General
Agreement will govern the operation and use of the swimming pool. |
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| 2(a) | The
Vendors agree to sell and hereby sell, and the Purchasers agree to buy and
hereby buy the said Premises for the total Price of CY£55,000,00 (Cyprus
Pounds Fifty Five Thousand only) due as shown in the following schedule
of payments: |
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| i) | CY£2,000,00
(Cyprus Pounds Two Thousand only) as a down payment and is considered as
part of the advance payment. |
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| ii) | CY£6,500,00
(Cyprus Pounds Six Thousand Five Hundred only) within a month of this contract
date. This amount along with Payment 2(a)i above will be considered as part
of the advance payment. |
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| iii) | CY£8,000,000 (Cyprus Pounds Eight Thousand only) within three months
as from the date of this contract. This amount along with Payments 2(a)i
and 2(a)ii above will be considered as the advance payment. |
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| iv) | CY£38,500,00 (Cyprus Pounds Thirty Eight Thousand Five Hundred only)
will be settled by a bank loan. It is therefore understood by the Purchaser
that this payment shall be effected within nine months, but not before eight
months pass from the date of signing the Agreement. |
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| Alternatively,
a Stage Payment Plan: |
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| i) | CY£2,000,00
(Cyprus Pounds Two Thousand only) as down payment considered as part of
the advance payment. |
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| ii) | Payment
of CY£8,000,00 (Cyprus Pounds Eight Thousand only) upon completion
of concrete structure of Flat 101, Block 4 Sunshine Gardens. |
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| iii) | Payment
of CY£15,000,00 (Cyprus Pounds Fifteen Thousand only) within fifteen
days of completion of wall structures, plastering, electrical cabling and
all necessary piping. |
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| iv) | Payment
of CY£15,000,00 (Cyprus Pounds Fifteen Thousand) upon completion and
installation of floors, carpentry, doors, and cabinets. |
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| v) | Payment
of CY£15,000,00 (Cyprus Pounds Fifteen Thousand only) upon completion
and on delivery of the apartment. |
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| 2(b) | The
due dates of payment of the aforesaid price are the essence of this Agreement. |
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| 2(c) | This
Agreement will come in force immediately after the payment by the Purchaser
to the Vendors, of £2,000,00 as shown in the schedule of payment,
Clause 2. |
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| 3 | If
the Purchasers are in arrears with the payment of any instalments or part
thereof, then all unpaid instalments become due and payable with interest
at 8% (eight per cent) per annum from the date of default to the date of
payment, provided that if a rate higher than 8% is allowed by Cyprus Law
at any future time then interest will be payable at that higher rate, in
addition to the above the Vendors will be entitled to rescind this agreement
by written notice to the Purchasers. Provided that in case such default
the Vendors will be entitled, if they so wish, to institute civil proceedings
for the recovery of any instalment in arrears together with any interest
as aforesaid. |
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| 4 | 3
In case of rescission of this Agreement by the Vendors, the latter will
be entitled to sell the premises by private agreement or public auction
and from the net proceeds thereof, there will be deducted all the balance
of the price remaining due and payable as aforesaid together with interest
and costs. If the proceeds of sale are not sufficient to cover it the Purchasers shall remain liable for any balance. In the case of a surplus amount, any difference will be payable to the Purchasers. Provided that any sum returnable to the Purchasers as aforesaid shall not exceed the amount paid by the Purchasers towards the agreed price. |
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| 5(a) | The
Premises will be completed and delivered to the Purchasers within ten months
from the date of signing of this Agreement. Provided that if the Vendors
are prevented from completing the Premises with the aforesaid period of
ten months by an act of God, Government interference, war or warlike operations,
shortage of supplies of labour or building materials, strike, extraordinary
bad weather, fire or any other cause whatsoever nature beyond the control
of the Vendors, then and in such a case, the Vendors, will be entitled to
a reasonable extension of time and will complete the Premises as soon as
may reasonable be practicable. |
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| 5(b) | The
Vendors shall not be held liable for damages or otherwise for any delay
in the delivery of any of the common areas, as defined in the Agreement. If the Vendors delay to complete the Premises due to their negligence then they are liable to provide similar accommodation to the Purchaser until the time of the delivery of the Premises. |
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| 5(c) | As
soon as the Premises under sale shall be completed according to the terms
hereof the Vendors shall give notice in writing to the Purchasers inviting
them to take possession of the Premises under sale within the period prescribed
by the notice which shall not be less than 20 days. Upon the expiration
of the period so prescribed by the Vendors the Premises under sale will
be deemed to have been delivered by the Vendors whether or not the Purchasers
shall have actually taken delivery and assumed possession thereof. |
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| 5(d) | The
Vendors will obtain a building permit and all other permits required by
any appropriate authority in respect of the premises at their own cost and
in the erection of the Premises the Vendors shall do all acts and things
required and perform the works conformably in all respects with the provisions
and conditions of such building permit and or any other permits and the
provisions of any Laws Regulations or By-Laws applicable thereto. |
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| 5(e) | "SUNSHINE
GARDENS" may be completed in phases and or stages and the Vendors will be
entitled at any time to complete it in such sequence as the Vendors choose. |
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| 6(a) | As
from the time of delivery of the Premises, the Purchaser shall pay all taxes,
rates, fees, levies contributions and duties payable in respect of the Premises. |
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| 6(b) | The
Purchaser agrees and undertakes to bind by the terms and obligations of
this agreement and of the General Agreement any person to whom rights in
or the use or the occupation of the said premises are transferred. |
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| 6(c) | The
Purchaser as from the day of delivery of the said Premises shall occupy
and/or use it in accordance with the provisions of the General Agreement
and the relevant laws. |
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| 7 | Transfer
of the Premises into the Purchasers names will take place when issue of
separate title deeds shall take place, that is, when these are ready by
the appropriate authorities for part or the whole of the complex and provided
payments due have been effected by the Purchasers and where required, the
Council of Ministers has granted permission under the Law. |
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| 8 | In the event that the Council of Ministers shall refuse consent to the Purchasers
to purchase or refuses to permit title to the Premises hereby sold to be
registered into the name of the Purchaser's nominee, then this agreement
shall deemed to create in favour of the Purchasers a lease for a period
of 99 years commencing as from the date of delivery of the said Premises
provided that if at any time during this period of 99 years the Purchasers
or their successors in title shall nominate a nominee acceptable to the
Council of Ministers the Vendors hereby undertake accordingly to transfer
ownership to that nominee and title of the Premises into that nominee's
name. |
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| 9 | All
rights for future development shall belong to the Vendors and if required,
the Purchasers shall be obliged to issue a Power of Attorney authorising
the Vendors to sign on behalf of the Purchasers any applications and or
other documents together with a waiver of all rights and or claims in relation
to future phases of "SUNSHINE GARDENS". |
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| SUNSHINE
GARDENS CONSTRUCTION DETAILS |
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| CONCRETE
STRUCTURE AND WALLS: The main Building structure are of reinforced concrete construction, designed in accordance with codes BS 8110ACI318M-89 and CP3. All external and internal non-load bearing walls and partitions are of high quality hollow clay bricks manufactures in accordance with CYS 19 and plastered on both sides. EXTERNAL FINISH: All external walls are plastered and finished with sprits or any other finish the architect will suggest. INTERNAL FINISHES: WALLS: Entrance hall, living and dining area, corridor and bedrooms are plastered and painted with high quality emulsion paint. BATHROOMS AND TOILET are lined with ceramic tiles to a height of 2.20 metres from the floor. KITCHEN walls are painted with durable emulsion paint above a ceramic skirting. Wall area between floor and wall cabinets is lined with ceramic tiles. CEILINGS: All ceilings are painted with a high quality emulsion paint or art-texture. FLOORS: Entrance hall, living, dining area and kitchen is paved with ceramic tiles to a high quality finish. Bathroom and toilets are paved with ceramic tiles, verandas are paved with ceramic tiles. Bedrooms are paved with ceramic tiles. DOORS AND WINDOWS: Internal doors are patterned type with timber frame, faced both sides with M.D.F. wood. The doors are painted to a high quality finish. The main entrance door is of Aluminium panned construction to special design. All windows are sliding aluminium with single glazing. Fitted wardrobes are constructed of suitable thickness melamine board with doors of M.D.F. The kitchen is fitted with low and high cabinets as per architect's specifications with quality materials and high standard finish. SANITARY FITTINGS: Top quality sanitary fittings will be used. A stainless steel kitchen sink will be installed with top quality chrome taps. The following purchasing prices will be applicable for the items listed below: 1. Ceramic tiles (incl. Skirting) CY£5.00/m2 2. Bath CY£125.00 each 3. WC CY£75.00 each 4. Kitchen sink CY£30.00 each 5. Bathroom mirrors CY£30.00 each 6. Furniture & fixtures CY£5000.00 The allowance of CY£5000.00 for furniture and fixtures will be used for the purchase of air-conditioning units and furniture of the choice of the purchaser. ELECTRICAL INSTALLATION: Electrical installation is well designed to provide ample lighting and power points, bell points, TV antenna and telephone outlets and generally executed in accordance with local Electricity Authority regulations. Provision for A.C. will be made for the dining/sitting room and the master bedroom. MECHANICAL INSTALLATIONS: Cold water is stored in an individual roof tank and from there distributed to the various points around the property. Hot water supply for the house is by electric heater unit as well as by solar panels, which are fitted on the roof of the premises. |
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| 10 | The dimensions appearing on the drawing and specifications attached hereto
are approximate and the Vendors undertake no responsibility with respect
to the accurate extent or dimensions of the Premises provided the total
area of the Premises as they appear on the attached plan are not reduced
or increased by more than 3% and the Vendors undertake to transfer, subject
to what is stated herein and the Agreement, the Premises as described in
the separate title deed issue in respect of same. |
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| 11 | Upon
issue of a separate title deed in respect of the Premises and payment of
the aforesaid purchase price together with any interest and all other sums
due and payable hereunder by the Purchasers, the Vendors will transfer to
and register the Premises in the name of the Purchasers or any other person
nominated by the Purchasers free from any mortgage charge or encumbrance
whatsoever. |
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| 12 | The
Purchasers will pay all stamp duties and the transfer fees and taxes for
the transfer and registration of the premises in the name of the Purchasers
or in the name of any other person nominated by the Purchasers. |
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| 13 | For
a period of 12 months after delivery of the Premises, the Vendors shall
be responsible to make good any faults or defects which are due to bad craftsmanship
or defective construction. |
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| 14 | Any
notice required to be served by either party to this agreement may be sent
by registered post to the other party's address herein contained or at his
last known place of abode. |
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| 15 | The
Purchasers shall not, except as provided in the clauses of the present agreement,
assign any of their rights and or obligations under this agreement to any
person without the prior written consent of the Vendor, such consent not
to be unreasonably withheld. |
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| 16 | The laws of Cyprus will govern this Agreement and the courts of Cyprus shall have exclusive jurisdiction to try any claim, dispute, or difference arising out of or in connection with this Agreement. | |
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