In real estate, sales deeds and sales agreements are commonly used terms. People often get confused and use these terms interchangeably. However, there is a major difference between both, sale deeds and sale agreements. With this blog, Gupta Document Center will shed light on The Difference Between Sale Deeds and Sale Agreements to spread awareness among the common public. Both documents serve different purposes and have different legal implications. Knowing the difference between these two terms can make it incredibly easy for you to navigate real estate transactions and other legal deals.
Sale deeds and Sale agreements are the two main pillars of property transactions and play a crucial role in deciding the outcome of property transactions. The experts at the Gupta Document Center have vividly elaborated on the difference between sale deeds and sale agreements in this blog. Read the blog further to get more useful insights for making your legal transactions seamless and sound.
Understanding the Sales Agreement in Legal Terms
To initiate any transaction a sales agreement is signed by the buyer and the seller of the property. This agreement outlines the terms, conditions, and legal obligations under which the property will be sold. The sales agreement acts as a legally binding contract that safeguards the rights of both the buyer and seller.
However, this agreement does not lead to the immediate transfer of ownership rights. This document only shows the willingness of both parties to buy or sell the property under specific stipulations and conditions. The key elements comprised in the Sales Agreement are mentioned as follows:
- Description of the property.
- Proposal to purchase and an agreement to buy in the future.
- Specify the property’s exact location, boundaries, and all the relevant details.
- Include original documents submitted on the final payment.
- Allow for payment refund in case of any dispute.
- Act as a notice stating that the property is free from any encumbrances.
- Include transfer of tax-related certificates.
An Overview of Sale Deeds in Property Transactions
A sales deed is drafted on the actual day, on which the property is sold and transferred. Once the sales deed is completely drafted, the owner gets complete ownership of the property in question. The sales deed is registered at the registrar’s office as per the Registration Act of 1908.
The transfer deed or the sales deed is only executed when all the contractual terms enlisted in the sales agreement are fulfilled. It is the final and irreversible legal document that signifies the completion of property transactions. It is also known by the name Conveyance Deed or a Title Deed. The key elements that differentiate a sales deed from a sale agreement are mentioned below:
- The terms and conditions pertaining to the sale consideration.
- References pertaining to the agreement of sale.
- Details in regard to price and payment.
- Transfer of rights claim of the property and interest the new buyer.
- Information about both the parties involved.
- Property Description
- Title transfer
- Authority of the vendor to sell the property.
Key differences between a Sales Agreement and a Sales Deed
The sales deed and sales agreement are contractual documents for purchasing the property from its owner. Though both the terms are used interchangeably they have a major difference in the context of property transactions. Both documents differ on several key points such as legal nature and purpose, binding effect, ownership transfer, registration requirement, timelines, and conditions. The key differences between a Sales Agreement and a Sales Deed can be best demonstrated through the table below:
| Aspect | Sales Agreement | Sales Deed |
| Legal Nature and Purpose | Preliminary agreement for a future sale | Final, legally binding transfer of ownership |
| Binding Effect | Promise to sell, not a conclusive sale | Actual sale and transfer of ownership |
| Ownership Transfer | Does not transfer ownership, sets the stage | Legally transfers ownership |
| Registration Requirement | Generally not required, may vary by region | Must be registered for legal validity |
| Remedies for Breach | Damages or specific performance | Eviction, possible lawsuit |
| Timeline and Conditions | Conditions and sale timeline | Assumes conditions satisfied, sale finalized |
When to Use Sale Agreements and Sale Deeds
After understanding the difference between a sales deed and a sales agreement, it is crucial to know when to use a sale deed and a sale agreement. Both documents serve different legal purposes in real estate transactions. A sales agreement is usually the initial step in a property purchase transaction. Whereas the sales deed confirms the property transaction and finalizes the transfer of property rights to the buyer.
Whether you are a seller or a buyer it is important to know when to use the right document at the right time can help you protect your interests and ensure that the transaction proceeds as planned. Go through the pointers below to know more about when to use sale agreements and sale deeds:
Uses of Sale Agreements
- Useful when a buyer wants to secure the property without completing the purchase.
- Provide flexibility to both parties without finalizing the deal.
- Highly beneficial when additional time is needed to arrange financing or meet certain conditions.
- Parties are uncertain about the transaction and want to leave room for negotiation.
Uses of Sales Deed
- Both parties are ready for the purchase and want to finalize the transactions.
- The transaction is ready to be finalized.
Key Points to Remember about Sales Deed and Sales Agreement
- Both the buyer and the seller are required to follow the terms of the sale agreement. All the parties shall be aware that the sales agreement can be presented as a piece of viable evidence in a court of law.
- A buyer is responsible for paying the stamp duty and registration fee for the sales deed to be registered.
- A buyer is required to present the agreement to sell, along with copies of other important documents at the time of property registration.
- The sales deed is a type of conveyance deed that also comprises gift deeds, exchange deeds, mortgage deeds, lease deeds, and other types of documents.
Conclusion
The Difference Between Sale Deeds and Sale Agreements is important for anyone involved in real estate and other property transactions. Sale Agreements establish the groundwork and expectations for a future sale whereas, Sale Deeds are the ultimate, legally binding documents that finalize the the transfer of ownership to the buyer. It is important to know the difference between the both to ensure a smooth and secure real estate transaction.