• Seller's indemnity clause

I am selling a property. Is the following a standard clause in sale agreement and is typically almost always used?

8.	The VENDORS undertakes to indemnify and keep harmless the Purchaser against any loss, injury, litigation if any arises due to deficiency in title of Vendors, upon conveyance of the Schedule Property.
Asked 15 days ago in Property Law
Religion: Hindu

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17 Answers

Yes. This is standard clause and important as well. 

Thus is essential to protect a prospective buyer from a defect in title which is apparently not discovered .

So if your title is clear then you should not have any problem to keep this clause. 

Therefore gi ahead with this all important condition in the sale agreement

Devajyoti Barman
Advocate, Kolkata
21564 Answers
311 Consultations

5.0 on 5.0

Yes, that's correct. If you have clear title property than no need to worry about it.

Ganesh Kadam
Advocate, Pune
11579 Answers
109 Consultations

4.9 on 5.0


It is standard clause in sale agreement

If you are purchasing a plot and seller is selling a plot or land from owner of the land then clause is a valid clause of the agreement otherwise in case you are purchasing a flat / under construction Apartments then clause would be different in sale agreement and deed of conveyance. 

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

Yes. It's as per the standard clause 

Shashidhar S. Sastry
Advocate, Bangalore
3203 Answers
175 Consultations

5.0 on 5.0

It is standard clause in sale deed to indemnify buyer in case any claims are made 

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

Yes it's a protection to the purchaser from the transaction if any prior to the sale of the said property in detriment to his interest

Prashant Nayak
Advocate, Mumbai
22088 Answers
49 Consultations

4.4 on 5.0

Dear Sir/Madam,

You are suggested that this is the common clause and available everywhere. 

Ganesh Singh
Advocate, New Delhi
6450 Answers
13 Consultations

4.5 on 5.0

It is a standard clause to be found in all sales deed executed and registered. 

Dalip Singh
Advocate, New Delhi
854 Answers
13 Consultations

5.0 on 5.0

This is general clause in sale deed and almost every sale consists of this clause/condition.

Yogendra Singh Rajawat
Advocate, Jaipur
21355 Answers
31 Consultations

4.4 on 5.0


Rahul Jatain
Advocate, Rohtak
5314 Answers
4 Consultations

4.8 on 5.0

1. This is standard usual clause between Builder and Flat Purchaser, wherein the Builder is the Vendor and not the Flat Purchaser or Flat Seller. Hence Flat seller is legally not bound by such indemnity.

2. It is the liability of the Builder (as a Vendor) to ensure Clear Title & Conveyance etc....  The Flat Owner (purchaser /seller) has no legal jurisdiction for matters relating to Title or Conveyance etc....

Hemant Agarwal
Advocate, Mumbai
5418 Answers
25 Consultations

5.0 on 5.0

- Yes, it is common clause generally mentioned in all the Sale deed. 

- This clause means , that you have declared that in case there will be found any defects in the title of your property , and if any case is pending before the court for the said property , then you will be responsible for the same , and you have to pay for the said loss to the purchaser. 

Mohammed Shahzad
Advocate, Delhi
5310 Answers
51 Consultations

5.0 on 5.0

This is a standard and statutory clause to be inserted in the registered sale deed without which the registrar would not entertain the registration.


T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

Yes indemnity clause is used in all the sales deed in general practice.


Mohit Kapoor
Advocate, Rohtak
10582 Answers
7 Consultations

5.0 on 5.0

it is standard clause. 

it is inserted as a precaution against any damage or loss. 

Mohammed Mujeeb
Advocate, Hyderabad
18689 Answers
11 Consultations

4.5 on 5.0

Yes, this is a standard clause in the sale deed. 

If your title is clear, there is no harm in keeping this clause. 

Best wishes. 

Agam Sharma
Advocate, New Delhi
533 Answers
4 Consultations

5.0 on 5.0

Yes that is used and is perfect. Should go ahead with it.

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

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