Where should legal review of terms happen?

Hello LandBank

The legal review of terms in a property transaction is a crucial step that ensures all deal clauses are lawful, enforceable, and aligned with the interests of both buyer and seller. This review must take place in a controlled, neutral, and confidential setting, ideally handled by professionals familiar with real estate law, registration rules, and regional compliance.

1. At a Qualified Legal Office or Law Firm

  • The most appropriate place for a legal review is the office of a registered property lawyer or law firm with real estate experience.
  • Here, professionals can:
    • Examine the draft agreement
    • Cross-check title documents
    • Verify compliance with local laws
    • Suggest protective clauses for the client

2. During a Joint Legal Meeting Between Both Parties

  • A joint session involving legal advisors from both the buyer and the seller is often arranged to:
    • Resolve clause disagreements
    • Finalize wording of sensitive terms (payment schedule, default clause, possession handover)
    • Review annexures such as site plans, approvals, and indemnities
  • These meetings typically occur at neutral venues like a law office or real estate consultant’s boardroom.

3. Through Virtual Consultations and Secure Document Exchange

  • With digital convenience, legal reviews are also conducted via:
    • Encrypted emails
    • Online document-sharing platforms (e.g., Google Drive, Dropbox)
    • Virtual meetings through video conferencing
  • Parties exchange marked-up drafts with track changes and legal comments, ensuring all revisions are mutually acknowledged.

4. Before Agreement Finalization and Notarization

  • The review must happen before the Agreement to Sell or Sale Deed is signed or notarized.
  • Once signed, any change may require:
    • Fresh documentation
    • Additional registration cost
    • Mutual consent for amendment

5. Prior to Submission to Registrar or Authority

  • If the document is to be submitted for registration, mutation, or project approval, it should be reviewed beforehand by:
    • Legal counsel
    • Document writer (only for formatting)
    • Sub-Registrar guidelines (to verify stamp duty and legality)

6. In Real Estate Advisory Setups (Optional)

  • Reputed real estate consultants often offer legal vetting services through their in-house or partner legal teams.
  • While advisory inputs are helpful, it is still advisable to conduct a dedicated independent review by a licensed lawyer.

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