Differene between 'agreement to sell' & 'sale agreement'
joginderkumarca
(Querist) 16 January 2012
This query is : Resolved
hello friends,
Can some body tell me what is difference between 'Agreement to Sell' & 'Sale Agreement'.
Friends, I am going to purchase a flat which is realloted to vendor by private builder.
Till date i have not make any 'Agreement to Sell' however before transfer I want to make a 'Agreement to Sell' wherein i am showing that i paid total consideration amount in one installment in cash.
One of my colleague is saying that as you are paying total consideration amount, it will be sale agreement not agreement to sell.
So tell me what will be right step for me, in view that vendor have to just tranfer flat in my name by way of re-allotment and then after buidler have to register sale deed in my name.
Also tell me if there is any other technicality involve in such a case.
ajay sethi
(Expert) 16 January 2012
since you are paying full consideration amount you should enter into sale deed or deed of conveyance .
dont make payments by cash . all payments should be by cheque only .
seller will enter into agreeement with you for sale of flat . after you pay transfer charges builder will transfer flat in your name since no cooperative society has bee formed till date
Deepak Nair
(Expert) 16 January 2012
Agreement to sell is an agreement whereby the Sellor agrees to sell the property to the purchaser in future under certain terms and conditions, whre as the sale deed is the final agreement whereby the sellor transfers the property to the Purchaser.
Shailesh Kr. Shah
(Expert) 16 January 2012
Agreement to sell and sale agreement are same. It seems that you have to execute "Sale Deed", since you have paid full consideration.
prabhakar singh
(Expert) 16 January 2012
THERE NO DIFFERENCE BETWEEN 'Agreement to Sell' & 'Sale Agreement'.
HOWEVER THERE IS DIFFERENCE BETWEEN A 'SALE' AND 'Agreement to Sell' OR'Sale Agreement'.
SALE IS SPONTANEOUS BUT IN 'Agreement to Sell' OR'Sale Agreement'. SALE IS POSTPONED FOR A FUTURE DATE.ONE PAYING FULL AMOUNT MUST GO FOR A STRAIGHT SALE AND NOT
FOR 'Agreement to Sell' OR'Sale Agreement'
Advocate. Arunagiri
(Expert) 16 January 2012
I think the author had misspelt the word, sale deed as sale agreement.
Devajyoti Barman
(Expert) 16 January 2012
Adequately advised above, nothing to add more.
Guest
(Expert) 16 January 2012
Agreement to sell= sale agreement no difference between them and you have paid full amount so i think its a sale deed.
CONVEYANCE DEED = SALE DEED
Sale agreement is the first step and confirming to buy the property from a person to another.Mere Agreement for sale does not transfer any right, title and interest in the property.
The sale deed is the main document by which a seller transfers his right on the property to the purchaser, who then acquires absolute ownership of the property.Sale deed is a written document executed between the buyer and the seller. It narrates in brief how the seller got the property, what price he is selling the property the sale consideration amount received, his assurances to the purchaser that the property is unencumbered and in case of any claim the purchaser will be indemnified.
Conveyance records the transfer of interest in immovable property. The conveyance in the immovable property may take place by way of sale deed, gift deed, exchange deed etc.
Conveyance and sale deed essentially have no difference as in both the documents, the right, interest and title of the previous owner is transferred to the purchaser.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2012
Agreement to sale is done for higher value properties when certain approvals are needed or payment is given in phased manner or token given balance on future date.
Normally the housing loan companies finance /give loans for under construction buildings on the security of agreement to sale.
While sale agreement is direct sale, nothing left for future.
Deepak Nair
(Expert) 17 January 2012
Now the query is sufficiently answered.
