Saturday, June 18, 2016

Translation of a Final Sale Contract

Final Sale Contract

This Agreement is made and entered into this Saturday The 2nd day of September in the year _____

By and Between:

First:  ___________ Company represented for the purpose of this Contract by Mr. _________ in his capacity as the Chairman of the Board of Directors.
I.D. (Family) _________, __________Governorate – resident of ____________
Hereinafter referred to as (The First Party)

Second: ___________________
Nationality: ___________                     Profession:
Personal/Family I.D. / Passport #  /   – Civil Registration: _______ – issued at ________, ___________ Governorat.
Residence: ___________________
Home telephone:      – work telephone: 
Hereinafter referred to as (The Second Party)

Both parties mutually acknowledge their sufficient legal capacity to execute this Agreement, and agree to the following:

Preamble
The First Party owns __________ located at _________, by means of purchasing from _______ by virtue of purchasing from _________ as per validity and enforcement judgment, pursuant to the order no. __- at the hearing no. ___ dated _______, and having a flat area of (11025 m2) approximately eleven thousand twenty-five square meters.

Whereas, the First Party has announced the sale of the units, and the Second Party  show  interest  in  purchasing following reviewing the building architectural and construction drawings and examined all finishings specifications and has completed all necessary physical and legal investigations of such unit and have completely and legally satisfied himself as to the condition thereof.

It was agreed that the sale is subject to the following terms & conditions:

Clause (1)
The above preamble shall be deemed an integral part hereof and complementary hereto.

Clause (2)
(Specifications of the unit subject of the Agreement)
The First Party hereby grants, sells, assigns and transfers with all real and legal guarantees unto the Second Party,  and the Second Party hereby accepts to purchase from the First Party the unit #    , building # (  ), Model  , situated on Floor (  ), having a surface area of 164 m2 (approximately one hundred sixty-four square meters). The sold area includes everything attached to the apartment or what followed from rights, extensions, services and utilities, whether visible and/or invisible and also includes a common share in the land on which the unit is established, by the percentage of the units' area against the total building area. In addition to the areas of the building designated for common use, according to their conventional use, provided that not to deprive whoever other proprietor from using such areas.

Clause (3)
(Price)
This sale has been made in consideration of a total sale price of EGP 209000 (Only two hundred and nine thousand pounds). Such sum has been paid in full upon contracting and the buyer has been discharged of paying the whole price.      
Clause (4)
(The rooftop, roof heightening and usufruct rights)
It is agreed upon between both Parties hereto that the ownership of the roof of the building and the right to add additional storeys is exclusive to the company and the company is entitled to heightening the roof with additional storeys as legally permitted and without objection from each and every proprietor. The company is also entitled to utilize the rooftop by any means (such as billboard installation). Accordingly, the company is a partner with the proprietors of the upper units in the ownership of the ceilings that include the rooftop and the areas of the building designated for common use, which allow the company to utilize the rooftop.

Clause (5)
(The Garage)
It is agreed upon between both Parties hereto that the garage is owned by the company and its excluded from any common use and not included herein.

Clause (6)
The First Party hereto represents and warrants that such sold unit, subject of this Contract, is free and clear of any and all claims of rights, visible and/or invisible.


Clause (7)
(Delivery)
The Second Party hereto represents and warrants that he received the unit after examine it and match it to what it was agreed upon Thereby, the signature of the  Second Party hereon shall be deemed an acknowledgment of receipt and he shall bear all civil and criminal responsibilities as well as be solely responsible to pay all due, taxes and other related levies and charges imposed thereon from the Contract date.
Clause (8)
(Assignment of preemption)
The Second Party or its successors or personal representatives shall have no right in the future to claim any unit in case of selling such unit – pursuant to preemption right by the First Party or its successors, assignees and personal representatives or whoever purchaser. And the First Party shall have no right to claim the unit subject of this contract in case of selling such unit – pursuant to preemption right, which may be effectuated by the Second Party or its successors, assignees and personal representatives.

Clause (9)
(Obligation to maintain)
The Second Party shall be committed to the following:
1-    Not to make any changes or substantial alterations in his unit that may affect the constructions.
2-      Not to make any changes, whether heightening, additions, or making openings within the sold unit or the building's facade or to its extensions or with the devices designated for joint utilization.  
3-       Not to cause changes in the overall appearance, whether by changing the paint color of the exterior facades or the entrance or the stairs.  
4-     To follow the rules and regulations and instructions set by the chairman of the building association in order to maintain its appearance and beauty and the safety of the proprietors. 
5-    To maintain the good condition of the utilities so that they remain fit to be used.
Clause (10)
(Final Contract)
The First Party shall appear before the Real Estate Publicity Department in order to sign this final sale contract for the second party.

Clause (11)
(Elected domicile)
Both Parties hereto expressly declare that their addresses first above written are respectively their legal elected addresses and all correspondence, claims and notices, shall be valid and legal.

Clause (12)
(Legal jurisdiction)
_______ Courts each Court, according to its jurisdiction be competent to decide on any dispute that might arise out of this Contract or its clauses provided that the application of the provisions of the Muslim law to be applied first.

Clause (13)
(Counterpart)

IN WITNESS WHEREOF, this Contract is executed in two copies, one per each party for necessary action.

Translation by Heba Musa

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