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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