Home Contract for Indonesia

Home Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that facilitates the sale and purchase of residential property in Indonesia. This document adheres to the Indonesian Civil Code (KUHPerdata) and relevant property laws, incorporating necessary provisions for property transfer, payment terms, and ownership rights. The contract includes mandatory compliance with local regulations, tax obligations, and property registration requirements specific to Indonesian jurisdiction, while protecting both buyer's and seller's interests through clearly defined terms and conditions.

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What is a Home Contract?

The Home Contract serves as the primary legal instrument for residential property transactions in Indonesia, governed by the Indonesian Civil Code and relevant property laws. This document is essential when transferring ownership of residential properties, whether they are standalone houses, apartments, or other residential units. The contract encompasses crucial elements including property details, payment terms, warranties, and compliance with local regulations. It must be executed before a licensed Indonesian notary (PPAT) and requires proper registration with local land offices. The document is designed to protect both parties' interests while ensuring compliance with Indonesian property ownership laws, including specific provisions for foreign ownership if applicable. This standardized agreement helps prevent disputes by clearly outlining all terms and conditions of the property transfer.

What sections should be included in a Home Contract?

1. Parties: Identification and details of the seller and buyer, including their legal names, ID numbers (KTP), addresses, and contact information

2. Background: Context of the transaction, including brief property history and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, defined in both Indonesian and English where appropriate

4. Property Details: Complete description of the property including address, certificate number, land area, building area, and boundaries

5. Purchase Price: Agreed purchase price, payment terms, method of payment, and payment schedule

6. Transfer of Ownership: Process and conditions for transferring property ownership, including timing and responsibilities

7. Representations and Warranties: Seller's guarantees regarding property ownership, condition, and legal status

8. Rights and Obligations: Detailed responsibilities of both parties before, during, and after the transfer

9. Taxes and Costs: Allocation of transaction costs, including transfer tax, notary fees, and other associated expenses

10. Property Handover: Conditions and process for physical handover of the property

11. Default and Remedies: Consequences of breach and available remedies for both parties

12. Governing Law: Confirmation of Indonesian law application and jurisdiction

13. Dispute Resolution: Process for resolving disputes, including mediation and court proceedings

14. Notices: Method and addresses for official communications between parties

15. Execution: Signature requirements and execution process

What sections are optional to include in a Home Contract?

1. Mortgage Financing: Include when buyer is using bank financing, detailing conditions and requirements

2. Property Management: Include for properties in managed complexes or apartments, describing management fees and rules

3. Renovation Rights: Include when specific renovation or modification rights are being granted or restricted

4. Tenant Rights: Include when property is currently tenanted or has existing lease agreements

5. Foreign Ownership Provisions: Include when buyer is a foreign national, detailing specific requirements under Indonesian law

6. Power of Attorney: Include when any party is acting through an authorized representative

7. Force Majeure: Include detailed force majeure provisions if requested by either party

8. Insurance Requirements: Include when specific insurance obligations are being imposed on either party

What schedules should be included in a Home Contract?

1. Property Documents: Copies of land certificate, building permit, and other relevant property documents

2. Payment Schedule: Detailed breakdown of payment installments and due dates

3. Property Inventory: List of fixtures, fittings, and items included in the sale

4. Property Inspection Report: Detailed condition report of the property at time of agreement

5. Building Plans: Official building plans and specifications

6. Tax Certificates: Copies of property tax payments and certificates

7. Utility Information: Details of utility connections and current account status

8. Required Permits: Copies of all relevant permits and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Property Development

Financial Services

Legal Services

Insurance

Property Management

Banking

Housing Development

Urban Planning

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Customer Service

Finance

Risk Management

Operations

Documentation

Relevant Roles

Real Estate Agent

Property Lawyer

Notary Public

Property Developer

Bank Manager

Mortgage Officer

Property Manager

Legal Counsel

Compliance Officer

Real Estate Broker

Housing Development Manager

Property Consultant

Title Insurance Officer

Real Estate Investment Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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