Due Diligence for Buying Property/Real Estate

Due diligence is thorough research before purchase or sale of any moveable or immoveable property/real estate. In context of real estate, it is usually refers to a stipulated period for a buyer by the seller to investigate or inquiry about the property to be bought for getting satisfied with it before the deal is finalised. Preliminary we must involve property visits, and/or discussions with brokers, and with your investment advisors, such as your attorney or financial advisor this called primary due diligence.

Property and Real Estate Due Diligence

The due diligence period includes scrutiny of the seller’s documents and your own independent enquiry and investigation about the seller and property in question. We will explain the due diligence period in property and real estate contracts, including

  • Due diligence when buying commercial and residential Apartment and real estate
  • Title review
  • Property surveying
  • Zoning
  • Physical inspection of Property
  • Environmental inspections
  • Real estate leases
  • Property rates appraisals

Due Diligence When Buying Commercial & Residential property

Preliminary due diligence is very important for buying commercial and residential property because buyer can properly scrutinize the documents of property and value to formulation. Most of the documents that can allow you to ascertain the property’s net profitability is available with the buyer. When a person is valuing the commercial property, income production is the main reason. The important ratio to determine in commercial property is the Net Operating Income. The important reason for due diligence of commercial property is to ensure that the buyer has all knowledge about his purchase. The defined period usually starts after the prospective buyer has made an offer and the seller accepted the offer pending the due diligence period. The due diligence involve physical inspections of the property, an assessment of related-environmental conditions, a review of the title, zoning requirements, contracts, leases, and surveys, partially through a review of documents the seller provides. These should include copies of

  • Title deed
  • Information on current tenants or occupants
  • Existing, actual uses of the property
  • Zoning documents indicating allowable uses of the property
  • Land and improvement surveys
  • Current title insurance
  • Any notice of pending legal and/or government action
  • Environmental assessments
  • Any special assessments or taxes
  • Copies of any property bills
  • Any service contracts
  • All construction plans in the seller’s possession
  • Warranties for any construction

After the document scrutiny, the buyer of the property should conduct an independent investigation. You can request that the seller conduct, and/or pay for some of the third-party assessments you may want to inspect, and negotiate them into the contract.

Title Deed Scrutiny

The first thing in due diligence is to scrutinize the title of the property it should be clear of any liens or other claims against it. The title of the property must come along with transferable right to the property. The property owner or seller makes sure they can convey a full and clear title before he put the property on sale. The property title review period for commercial property purchases are similar, and scrutinize all claims against the property is known as a title search. Firstly you will receive a document called Preliminary Title Report includes a description of the land, the type of estate, who has title to the estate, and any claims to the estate. When one purchased a residential property using leverage, the lender typically wants you to purchase property with clear title. Once a title of the property is clear, the title bank issues a title commitment – a statement indicating that they will provide loan against property. The banker will then likely approve the mortgage.

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Law firm for Title search report of properties

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Property Deeds and Documentation

Under the deeds & property documentation services Concept Legal International provides for drafting of different kind of deeds and documents in Delhi.

Agreement to Sell in Delhi

Agreement to sell is a contract between 2 parties, one agrees to sell his property to the other one on certain date in the future. The transfer of the immoveable property is to take place on future date along with some conditions in agreement to sell. At the time of agreement to sell the immoveable property does not pass the title. Under an agreement to sell the seller remains the owner of the property until the agreement to sell becomes a sale deed.

Sale Deed in Delhi NCR

In a contract of sale, the immoveable property is transferred from the one person to another person at the time of execution of the sale deed. Sale deed effect is to transfer of immoveable property to the buyer immediately. After execution of a sale the buyer of property becomes the owner.

Lease Deed in Delhi NCR

Lease Deed is a contract between a owner of the property or any other person able to grant the property on rent, a lessee is a person who can accept the property on rent. The document under which a landlord and tenant transfers the rights and obligations of each party with respect to an apartment, flat, plot or any other rental unit, or other real property owned by the landlord and used by the tenant.

Mortgage Deed in Delhi NCR

The transfer of title of real estate or property to secure the performance of some financial act, like payment of money. A legal mortgage of property/flat/apartment/lands may be described to be a conveyance of property, by a debtor to his creditor as a pledge as security for the repayment of a sum of money borrowed, or performance of a covenant with a proviso, that such conveyance shall be void on payment of the money. Mortgagor has an equity of redemption, that is, a right in equity on the performance of the agreement within a reasonable time, to call for a re-conveyance of the land.

Release Deed in Delhi NCR

A release deed is discharging of a right of action which a person has to claim against another person. A written document, in the form of a Deed, usually a Mortgagee or Lien holder abandons those rights back to the owner of the property.

Relinquishment Deed in Delhi NCR

A relinquishment deed is for the purpose of surrendering the rights in an immovable property.

Power of Attorney in Delhi NCR

Power of attorney is a written document in which one person appoints another person to act as an agent on his or her behalf.

Will in Delhi NCR

Will is a legal declaration of a person's mind as to the manner in which he would have his property or estate disposed off after his death.

The Due Diligence Commercial Property / Real Estate Transactions

In every sale purchase transaction of real estate / property, whether it is an apartment / flat lease, a ghhome purchase, a commercial business lease, the purchase of a strip mall or the purchase of a shops in commercial complexes, the future purchaser or renter must conduct due diligence toward investigating the quality of real estate, both physical and intangible. After you have entered into agreement to sell a property you have least or few remedies left if the property is not as it was promised or expected by you. Even if you have any legal remedy, the cost of enforcing it upon them will be high, and certainly much greater than the cost of making proper investigations or due diligence before you enter into the agreement to Sale.

When you make your mind about the practicalities of property to meet your requirements like size, location, facilities and budget, you should proceed with your further due diligence of commercial property due diligence. We at concept legal can help you with many of the matters listed below. You should ask the Property broker or agent or seller for a copy of the previous Sale deeds, as it contains the details of what the seller is offering to sell to you.

What property are you buying?

When you demand about the previous sale deeds of property for sale, you will find that there is the plan of the land, it is not easy to read. It is better to check that the property physically to assess whether it is the same as that on the plan or have some deviation. To do this you may need to consider obtaining an identification survey. A surveyor will go to the property and prepare a plan which will:

  • show the dimensions of the land,
  • identify the location of the property in relation to other houses and cross streets, and
  • confirm that the building is properly sited on the land so that the Council would not require any part of the building to be demolished.

Lenders often require an up to date survey. You should ensure yourself that the property in question is for the same use as your intended purpose. You can do this by checking the land use certificate in the office land development authority.

Due diligence for home & residential property buyers

There is not an easy going or short cut for doing your due diligence before buying a residential property in Delhi NCR. It is really a time consuming and cumbersome process & least number of buyers has an idea about the checklist for due diligence procedure.

Purchasing a property is always on high risk it does not matter whether it is a residential family house or that of a 50-unit flat/apartment building for generating more income through renting properties to other. You will must property experts or lawyers to make sure to “do your due diligence” before buying any property in Delhi NCR. Property due diligence is taking caution before buying a property, performing calculations for return on investment, reviewing and verification documents, procuring general insurance if you want, walking the property for physical verification, etc. It is important and essential to do homework for the property in question before you actually go and make the contract to purchase. If in your due diligence process you find too many issues with the property it means too much potential risk and cost. Then you have time to cancel your purchase contract and look for a better option.

Here we are just discussing few steps that you can apply to both residential and investment in properties.

Buy Property in the marketplace

You must research to make sure that what type and cost offered in the market. If you don’t do these researches look at just a few properties, put in an offer and purchase. You should spend several months looking at properties before you buy.

Mortgage financing

Do proper research and find loan options with fair mortgage deal and in line with competitors.

Write down your investment options

If you are buying an investment in residential and commercial property, it becomes very important to write down all about your deal for comparison. It becomes important to know whether you are having a good deal if you have not done the math and compared it to other opportunities than it me become a financial trap.

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