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GUIDELINE

Guideline for Drafting a Deed of Indemnity by the Seller of a Flat to the Purchaser Regarding Doubts About the Title:

Usage:
A Deed of Indemnity in the context of real estate is used when the seller of a flat (apartment or condominium) wishes to provide assurance to the purchaser about potential doubts or defects in the title to the property. This document clarifies the seller's responsibility for addressing any legal issues that may arise regarding the property's title. Here's a concise guideline:

Identification: Clearly identify the parties involved, including the seller and purchaser, specifying their names, addresses, and property details.

Title Doubts: Describe the specific doubts or defects in the property's title that the seller is acknowledging.

Indemnification Clause: Outline the indemnity clause, which states that the seller will indemnify and hold harmless the purchaser from any losses, claims, or expenses arising from title issues.

Limitations: Define any limitations on the indemnity, including time frames or maximum indemnification amounts.

Signature and Notarization: Ensure that both parties sign the deed in the presence of a notary public or authorized witness to make it legally binding.

Common Mistakes to Avoid:

Ambiguity: Ensure the deed is clear and precise to prevent disputes over its interpretation.
Failure to Specify Title Issues: Clearly identify and describe the doubts or defects in the property's title.
Lack of Legal Counsel: Consult legal professionals to ensure compliance with real estate laws and regulations.
Inaccurate or Missing Information: Ensure that all names, addresses, and other identifying details are accurate and complete.
Notary Public's Absence: Failing to have the deed notarized can render it invalid.
Drafting a Deed of Indemnity in real estate transactions is essential for providing confidence to both the seller and purchaser in cases where there are doubts about the property's title. Legal consultation is advisable to create a legally sound and enforceable document that addresses the specific concerns of both parties.

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