A real estate partnership agreement template should encompass key details such as the names and contributions of each partner, the division of profits and losses, management responsibilities, dispute resolution mechanisms, exit strategies, and procedures for adding or removing partners. Additionally, it should address property ownership, financing agreement arrangements, and decision-making processes to ensure a clear understanding and legal framework for the real estate partnership.
Yes, a properly executed purchase real estate partnership agreement template is a legally binding contract. It outlines the terms and conditions that govern the partnership, including each partner's rights and obligations. Adhering to the agreement is crucial to avoid disputes and legal consequences. Courts recognize these agreements as enforceable contracts, making them essential for establishing and managing real estate partnerships.
Absolutely, real estate partnership agreement templates are typically customizable to suit the specific requirements and objectives of the partnership. Partners can negotiate and modify the template to address unique factors, investment structures, or other considerations relevant to their real estate venture. It's vital to ensure that all partners agree to the modifications and that the customized agreement complies with local laws and regulations. Consulting with legal professionals or real estate experts is advisable when making significant changes to the template.You may also look into free agreement templates designed specifically for business and professional use by the Legitt team.
This Real Estate Partnership Agreement (the “Agreement”) is effective [DATE],
BETWEEN: [PARTNER A NAME], (“Partner A”), an individual with their main address located at:
[COMPLETE ADDRESS]
AND: [PARTNER B NAME], (“Partner B”), an individual with their main address located at:
[COMPLETE ADDRESS]
Collectively, Partner A and Partner B shall be referred to as the “Partners.”
WHEREAS, the Partners intend to buy, renovate and sell a real estate property located at [ADDRESS OF PROPERTY] (the “Property”) under this partnership;
NOW, THEREFORE, the Partners agree as follows:
PURPOSE
The purpose of the partnership is to
buy
,
renovate, repair, and sell
the
P
roperty
as expeditiously as possible and to conduct such other activities necessary to accomplish the purpose of this Agreement.
FORMATION
The
P
art
ners
hereby develop a
R
eal
E
state
P
artnership
A
greement pursuant to the laws of
[STATE/PROVINCE].
The said partnership shall be described exclusively by this Agreement, regardless of the manner in which title to
the
Property may be taken. This Agreement shall not be construed as a general partnership between the
P
art
ners
.
TERM
The partnership shall begin as of the date of this Agreement and shall be in effect until terminated by mutual consent or when
the
sale proceed
s
of the
P
roperty
are
distributed pursuant to the stated provisions, subsequent to the closing of the sale of the Property.
CONTRIBUTION OF CAPITAL
The
Partners
shall contribute all money needed to qualify for any financing,
purchase,
renovation and repair of the
P
roperty
and incur
all the
expenses
for the sale of the
P
roperty.
NATURE OF PERFORMANCE
The Partners shall be solely responsible for the performance and execution of the responsibilities
mutually agreed upon.
The
Partners
shall contribute all th
e money
required
for
any financing,
purchase,
renovation and repair of the
P
roperty,
and to
manage, promote,
and
market
the Property
, and any other expenses and mortgage payments during the period of ownership of the subject
P
roperty and qualify for any financing.
The
Partners
shall be responsible for the everyday management,
renovation, and marketing of the subject
P
roperty for resale, thereby protecting the investments for both
P
artners.
PARTNERSHIP DECISIONS
All decisions, including but not limited to the purchase of assets by the partnership, any loan or other obligation to be undertaken by the partnership, and the sale of any asset of the partnership
,
shall require the approval of
both
of the
P
artners involved in this Agreement.
PROFIT AND LOSS
Subject to the other provisions of this Agreement, the net profits and losses of the
p
artnership
,
after calculating all the expenses
of the sale of the
P
roperty
, for both accounting and tax purposes, shall accrue to and be borne by the Partners according to the following schedule:
S.NO |
NAME OF PARTNER |
PROFIT AND LOSS SHARE |
1. |
[NAME OF PARTNER A] (PARTNER A) |
[PERCENTAGE]% |
2. |
[NAME OF PARTNER B] (PARTNER B) |
[PERCENTAGE]% |
LANGUAGE OF THE
AGREEMENT
The language of the Agreement shall be
the
English Language, which shall be
the
binding and controlling language for all matters relating to the meaning or interpretation of the Agreement.
SEVERABILITY
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or u
nenforceable, it is the
Partners
’
intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable
,
and the remainder of the provisions of this Agreement shall in no way be affected, impaired or invalidated as a result.
MODIFICATIONS
Except where provision for modification is made elsewhere in this Agreement
,
all articles of this Agreement may be modified through amendments to the Agreement
.
NOTICES
Any notices or delivery required here shall be deemed completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post,
postage prepaid, to the
Partners
at the addresses contained in this Agreement
,
or as the
Partners
may later designate in writing
,
at the
address
es
provided by the
Partners
.
FORCE MAJEURE
For
the
purposes of this
s
ection, "force majeure" means an event beyond the control of either
P
art
ner
, which
,
by its nature
,
could not have been foreseen by such
P
art
ner
, or, if it could have been foreseen, was unavoidable, and includes without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war (declared or undeclared) and failure of energy sources.
N
either
P
art
ner
shall be under any liability for failure to fulfill any obligation under this Agreement, so long as and to the extent to which the fulfillment of such obligation is prevented, frustrated, hindered, or delayed as a consequence of circumstances of force majeure
,
provided that such
P
art
ner
shall have exercised all due diligence to minimize to the greatest extent possible the effect of force majeure on its obligations hereunder.
TERMINATION
The present Agreement shall be automatically terminated at the expiration of the period
of
the present Agreement unless the Agreement is renewed at the end of the mentioned term.
However, both the
P
ar
tners
shall have the right to terminate the present Agreement by providing each other with a prior written notice of 30 days.
GOVERNING LAW AND JURISDICTION
This
A
greement shall be construed and enforced in accordance with the laws of
[STATE/PROVINCE].
The Part
ners
submit to the jurisdiction of the courts of
[STATE/PROVINCE]
for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement
.
MEDIATION AND ARBITRATION
In the event a dispute arises out of or in connection w
ith this Agreement, the Part
ners
shall attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a period of [
NUMBER OF
DAYS] days
,
then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues shall be submitted to final and binding arbitration in accordance with the laws of
[STATE/PROVINCE]
.
The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction within
[STATE/PROVINCE].
INDEMNIFICATION
The
P
artners shall be indemnified and held harmless by the
p
artnership from and against any and all claims of any nature whatsoever, arising out of a Partner's participation in
p
artnership affairs.
The
Partner
s
shall not be entitled to indemnification under this section for liability arising out of gross negligence or
wilful
misconduct of the
other
Partner or the breach by the
other
Partner of any provisions of this Agreement.
ENTIRE AGREEMENT
This Agreement contains the entir
e
A
greement between the
Partners
. All negotiations and understandings have been included in this Agreement. Statements or representations which m
ay have been made by any
P
art
ner
to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this A
greement shall bind the
Partners
.
IN WITNESS WHEREOF, the Partners have executed this Agreement on [DATE].
PARTNER A PARTNER B
Authorized Signature Authorized Signature
Print Name and Title Print Name and Title