What to Check Before Signing a Real Estate Sale Agreement

Learn what to check before signing a real estate sale agreement to avoid costly mistakes. This guide covers crucial legal, financial, and property-related points every buyer should know.

kokilac622

Jul 14, 2025 - 15:27

What to Check Before Signing a Real Estate Sale Agreement

Buying a property is one of the most significant financial decisions a person can make. Whether you're a first-time homebuyer or an experienced investor, it's essential to understand the sale agreement thoroughly before putting pen to paper. A real estate sale agreement is legally binding, and any oversight can lead to complications, financial loss, or even legal disputes.

To help you make an informed decision, heres a breakdown of what you should always check before signing a real estate sale agreement.

1. Confirm the Seller's Legal Ownership

Start by verifying that the seller is the rightful owner of the property. Ask to see the title deed or ownership documents. The name on these documents must match the sellers ID exactly. This step prevents potential issues such as fraud, disputed ownership, or illegal sales.

If you're dealing with a representative like a property agent or lawyer, ensure they have proper authorization through a power of attorney or legal mandate.

2. Review the Property Title and Encumbrances

A clean property title is crucial. Check that the title is free from encumbrances like loans, liens, mortgages, or legal disputes. If the property is under a mortgage, ask the seller to clear the dues and obtain a "no dues" certificate from the lender before proceeding.

Also, verify if there are any easements or rights-of-way that could affect your use of the property.

3. Verify Approvals and Compliance

For newly built or under-construction properties, confirm that all building approvals are in place. These include zoning permissions, environmental clearances, construction permits, and adherence to local regulations. Ask for copies of these documents to avoid buying into an illegal or unauthorized construction.

For resale properties, ensure the property complies with all applicable laws and that there are no ongoing legal notices from local authorities.

4. Understand the Total Cost Involved

Dont just focus on the listed price of the property. Understand all associated costs, including stamp duty, registration charges, property taxes, maintenance fees, society charges, and legal fees. These can add significantly to the final amount you need to pay.

Get a breakdown of these expenses in writing and ensure they are clearly mentioned in the agreement.

5. Inspect the Property Thoroughly

A physical inspection is critical before signing any agreement. Check for structural damage, plumbing and electrical issues, pest problems, and overall maintenance. If you're buying a furnished property, make a detailed list of fixtures and furniture included in the sale.

For under-construction properties, visit the site to assess the pace and quality of construction. If possible, get an independent inspection done to catch hidden issues early.

6. Clarity on Payment Terms and Schedule

The agreement should clearly outline the payment schedulehow much is paid as booking amount, deposit, and balance on possession. Make sure these timelines are realistic and match your financial planning.

Also, verify if there are any penalties for delays in payment or for the developers delay in handing over possession. Transparent payment clauses help avoid future disputes.

7. Possession Date and Completion Terms

The date of possession should be clearly mentioned in the agreement, along with terms for delay. In many cases, developers add a grace period clauseread this carefully and understand its implications.

Also, check whether the property will be handed over in a ready-to-move-in condition or if there are finishing works pending. A completion certificate or occupancy certificate should be handed over before you take possession.

8. Check for Dispute Resolution Clauses

Even with all precautions, disagreements can arise. Look for a well-defined dispute resolution clause in the sale agreement. It should mention how and where disputes will be settledthrough mediation, arbitration, or court.

Knowing this in advance can help you navigate legal issues efficiently, should they arise later.

9. Understand the Exit Clause

Sometimes, circumstances change. You might want to withdraw from the agreement due to delays, financial issues, or other reasons. Check if the agreement includes an exit clause and what conditions apply to cancellations.

Also, understand if your booking amount or deposits are refundable and under what terms. This is especially important in under-construction properties or off-plan sales.

10. Hire a Legal Expert to Review the Agreement

Even if everything looks fine, its wise to have a real estate lawyer go through the agreement. Legal language can be complex and sometimes hides terms that are not in your favor. A lawyer will ensure your interests are protected and that the contract adheres to local laws.

This step may cost you a little extra but can save you thousands in future complications.

Final Thoughts

Signing a real estate sale agreement is a major step in the property buying journey. Take your time to read every clause, clarify every doubt, and seek professional help where necessary. Never rush into signing just because you feel pressured or excited.

Remember, once the agreement is signed, it becomes a legal commitment. Ensuring every detail is in your favor will not only protect your investment but also give you peace of mind as you move forward in securing your dream property.