• 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 5 years 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
23658 Answers
538 Consultations

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

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes,Definitely. 

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
2541 Answers
8 Consultations

Yes. It's as per the standard clause 

Shashidhar S. Sastry
Advocate, Bangalore
5625 Answers
339 Consultations

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

Ajay Sethi
Advocate, Mumbai
99900 Answers
8153 Consultations

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
34609 Answers
249 Consultations

Dear Sir/Madam,

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

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

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

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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
5612 Answers
25 Consultations

- 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
15836 Answers
242 Consultations

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
90102 Answers
2503 Consultations

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

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

it is standard clause. 

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

Mohammed Mujeeb
Advocate, Hyderabad
19352 Answers
32 Consultations

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
617 Answers
6 Consultations

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

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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