Deed of Conditional Sale vs Contract to Sell: What’s the Difference?
When it comes to real estate transactions, it’s essential to differentiate between a deed of conditional sale and a contract to sell. While both are legally binding agreements that involve the transfer of ownership of a property from one party to another, they operate differently and serve different purposes.
A deed of conditional sale is a type of land sale agreement that is often used when the buyer cannot immediately pay the full purchase price of the property. In this arrangement, the property remains in the seller’s name until the buyer has fully paid the agreed-upon price. The buyer holds the property as a “conditional buyer” until the final payment is made. Once the final payment is complete, the seller will transfer the title and ownership of the property to the buyer.
This type of agreement is often used when the buyer is not able to pay the full purchase price upfront or when the buyer needs time to secure funding. The deed of conditional sale serves as protection for the seller, ensuring that the buyer fulfills their obligation to pay the full purchase price. Additionally, if the buyer fails to fulfill their obligation under the agreement, the seller retains the right to keep any payments made so far as compensation.
On the other hand, a contract to sell refers to an agreement between the buyer and seller, in which the seller agrees to transfer the ownership of the property to the buyer upon receiving the full purchase price. Unlike a deed of conditional sale, the seller retains the title to the property until the final payment is made. This means that until the buyer completes their payment, they are considered a “prospective buyer” with no legal claim to the property.
A contract to sell is often used when the buyer can pay the full purchase price upfront, or when the seller is not willing to give up ownership of the property until they have received payment in full. This type of agreement provides protection for both the buyer and the seller alike, as both parties are bound to fulfill their respective obligations under the agreement.
In conclusion, it’s important to understand the difference between a deed of conditional sale and a contract to sell when entering into a real estate transaction. A deed of conditional sale is used when the buyer cannot immediately pay the full purchase price of the property, while a contract to sell is used when the buyer can pay the full purchase price upfront. Both agreements serve different purposes, and understanding which one is appropriate for your situation can help protect your interests and ensure a successful transaction.