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A tripartite agreement is a legal document involving three parties: The person willing to buy the property i.e. the buyer; The person willing to sell the property i.e. the seller, builder or developer; and. The institution granting the loan i.e. the bank/financial institution.
As per the law, whether a buyer has bought a property or goes to buy a property within the project, any developer who builds housing societies must have to make a tripartite agreement in India with all buyers.
A tripartite agreement, also called a tri-party agreement, is a legal contract that three different parties enter. Tripartite agreements can be found in all industries but are most common in the mortgage industry, mainly when new construction occurs. These agreements will usually involve a buyer, lender, and builder.
The tripartite agreement format must represent the seller or developer stating that the title of the property is clear. The agreement must also state that the developer is not in an agreement with another party for the sale of the same property. For example, complete legal details of the property have to be given.
Draft the agreement using clear and precise language. Specify each party's rights and obligations in detail, including remedies for breaching the agreement. Include all necessary legal clauses in the agreement, such as indemnification and dispute resolution clauses.