Wholesalevillas Lda Outright Purchase Agreement for retirement/leisure home-
BoxyB 2010 Range
THIS AGREEMENT is made this ..............day of ………… Two
Thousand and Ten.
BETWEEN WHOLESALEVILLAS LIMITED whose registered office is
situate at;
5, Rua do Lagar, Alcantarilha, Algarve
8364-102, Portugal (hereinafter called "the Company") of the one
part and. ………………………………………………………………………….
Of………………………………………………………………………………………………………………
(Hereinafter called "the Buyer") of the other part
1. The Company is in the course of acquiring land in
Portugal for the purpose of residential and touristic
occupation.
2. The Company will allocate a parcel of land (“the
Parcel”) to the Buyer from the land so acquired for the purpose
of siting the unit hereinafter referred to as BoxyB model
X.
Land area will be 144 Sq.mtrs minimum.
3. The Buyer has agreed to purchase a BoxyB unit from
the Company subject to the Company undertaking the obligations
set out herein in consideration of the monies hereinafter
referred to.
NOW IT IS HEREBY AGREED as follows: -
1. IN CONSIDERATION of the sum of
£££...............................................................
POUNDS STERLING now paid by the Buyer to the Stakeholder as
detailed in 1.1, the Company hereby agrees as follows: -
1.1 TO RETAIN these monies (save as hereinafter mentioned) in
the Client Account of LOCAL LAWYER.
* who shall hold the same as Stakeholders until the monies can
be released in accordance with the stage payment arrangements
hereinafter referred to:
1.2 TO ACQUIRE a parcel of land to be known as The Parcel for
the purpose of placing the BoxyB unit referred to in the
Schedule hereto (hereinafter called "the Unit") and to secure
all necessary outline and detailed planning and building
regulations and consents to enable the siting of the Unit to
take place.
1.3 SUBJECT TO release to the Company of the stage payments
hereinafter referred to the Company hereby agrees to site the
Unit on the Parcel in a good and workmanlike manner and in
accordance with the specification details set out in the
contract.
1.4 TO permit the Buyer access to the Parcel from time to time
at the Buyer's discretion to inspect the Unit during its course
of construction/siting.
1.5 UPON completion of the acquisition of the Parcel upon which
the Unit is to be built to cause to be deposited with LOCAL
LAWYER the sum of
£................................................
1.6 The Company agrees that it will, with appropriately
qualified individuals:
1.6.1 Prepare detailed plans and specifications for the
Unit.
1.6.2 Undertake all necessary survey work
1.6.3 Acquire agreed sites
1.6.4 Obtain required planning permissions
1.6.5 Manage the interface with the local appointed
builder
1.6.6 Oversee development of site and building of
outbuildings to ensure their compliance with specification,
price and timescale
2. RELEASE of the consideration is hereby authorised by the
Buyer to the Company in the following instalments: -
2.1 £................THOUSAND POUNDS £.000.00.) shall be
released to the Company at any time after the date hereof.
2.2 THOUSAND POUNDS (£0,000.00.) shall be released to the
Company upon receiving notification from the Local Lawyers that
a completion date for the acquisition of the Parcel (including
any other adjacent or adjoining land being acquired by the
Company) upon which the Unit is to be sited together with
outline planning permission.
THE PARCEL OF LAND shall be then registered with the company in
the name of the BUYER upon completion of the acquisition of the
land lease and completion of build providing full payment has
been made.
2.3 THE BALANCE of the purchase price amounting to
£...................................... THOUSAND POUNDS (£0,000)
shall be released to the Company on performance as requested.
2.4 TIME SCHEDULES: although time is not of the essence, it is
the intention to hand over the Unit for Buyers occupation in 3
(three) months time from the date of authorisation of the
contract or sooner.
2.5 PLANNING permission will be submitted without any liability
on the Company for delays on the part of town planners. Should
planning permission be refused an alternative site will be
located within similar time frames.
3. THE BUYER shall be issued with the ownership deed of the Unit
and land lease when the full price has been received.
3. GOVERNING LAW This Agreement shall be deemed to be an
Agreement made in Portugal and shall be interpreted and applied
in accordance with the laws of Portugal.
4. Any disputes arising in relation hereto shall be submitted
to the exclusive jurisdiction of the Portugal Courts and the
parties agree that any judgement in such Courts shall be binding
upon them and the party in default shall not take any steps in
any other jurisdiction to set aside such judgement but shall
co-operate to ensure the enforcement of any such judgement.
5. FORCE MAJEURE
Neither Party to the contract is responsible for breach of
contract caused by an act of God, insurrection, civil war,
military operation or local emergencies. The parties hereby
accept the international provision of Force Majeure as published
by the International Chamber of Commerce, Paris, France.
6. CANCELLATION. Please ensure you have taken legal advice to
your satisfaction before entering into this legally binding
contract. After four weeks time or the full deposit of your
funds being submitted it becomes a legal binding document.
AS WITNESS the parties hereto have set their hands the day and
year first before written.
SIGNED on behalf of the Company
By its duly authorised officer:
.......................................................
Name.............................................
SIGNED by the Buyer:
......................................................
WITNESSED BY:
Signed.
Name ………………………………………………………….
Address ………………………………………………………..
………………………………………………………………….
………………………………………………………………….
Occupation ……………………………………………………
Please send two copies of the contract and your balance of
£.............................cheque to: Wholesalevillas Lda.
5, Rua do Lagar, Alcantarilha, Algarve 8364-102, Portugal.
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