Pre Sale Agreement Property Template for Indonesia

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Key Requirements PROMPT example:

Pre Sale Agreement Property

"I need a Pre Sale Agreement Property for a luxury apartment complex in Jakarta, Indonesia, where construction will complete in March 2025, including provisions for buyer mortgage financing and specific clauses about premium finishing materials and amenities."

Document background
The Pre Sale Agreement Property is a crucial document in Indonesian real estate transactions where properties are sold before completion of construction. This agreement is governed by Indonesian civil law and specific regulations including Law No. 8 of 1999 on Consumer Protection and various housing regulations. The document is typically used when developers want to secure buyers and financing during the construction phase, while buyers seek to lock in prices and secure their future property rights. It must include specific provisions required by Indonesian law, such as detailed property specifications, payment schedules, completion timelines, and buyer protections. The agreement serves as a foundation for the eventual transfer of property rights and must be executed before a notary public to ensure legal validity.
Suggested Sections

1. Parties: Identification of the Developer/Seller and the Buyer, including complete legal names, addresses, and registration details

2. Background: Context of the agreement, including the developer's rights to develop and sell the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Specific details of the property being sold, including location, specifications, and building type

5. Purchase Price: Total purchase price, payment schedule, and payment methods

6. Payment Terms: Detailed payment structure, installment plans, and consequences of payment defaults

7. Construction Timeline: Expected construction schedule, completion date, and handover timeline

8. Developer's Obligations: Developer's commitments regarding construction, quality, permits, and certifications

9. Buyer's Obligations: Buyer's responsibilities including payments, documentation, and cooperation requirements

10. Specifications and Standards: Detailed technical specifications of the property and quality standards

11. Handover Process: Procedures for property inspection, handover, and defect reporting

12. Warranties: Developer's warranties regarding property quality, construction, and legal status

13. Default and Remedies: Consequences of breach by either party and available remedies

14. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

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

16. Dispute Resolution: Procedures for handling disputes between parties

Optional Sections

1. Mortgage Provisions: Include when buyer requires bank financing, detailing cooperation with financial institutions

2. Strata Title: Include for apartment units, addressing specific regulations about strata title issuance

3. Common Facilities: Include for properties in complexes with shared facilities, detailing rights and obligations

4. Property Management: Include for properties with ongoing management services, specifying terms and fees

5. Assignment Rights: Include if transfer of rights before completion is permitted, specifying conditions

6. Interior Modifications: Include if buyer is allowed to request modifications, specifying conditions and limitations

7. Parking Allocation: Include for properties with parking facilities, specifying allocation and rights

8. Utilities and Services: Include when developer arranges utility connections, specifying responsibilities

Suggested Schedules

1. Property Specifications: Detailed technical specifications, floor plans, and finishing schedule

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

3. Site Plan: Layout of the development project and location of the specific unit

4. Building Permits: Copies of relevant building permits and approvals

5. Land Certificate: Details of land ownership and certification

6. Quality Specifications: Detailed materials and quality standards to be used

7. Common Area Rules: Rules and regulations for common areas and facilities

8. Defect List Form: Standard form for recording defects during inspection

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Residential Property

Commercial Property

Banking and Finance

Legal Services

Property Management

Relevant Teams

Legal

Real Estate

Sales

Property Development

Compliance

Project Management

Business Development

Risk Management

Customer Relations

Construction Management

Relevant Roles

Real Estate Developer

Property Sales Manager

Legal Counsel

Contract Manager

Property Development Director

Sales Director

Compliance Officer

Project Manager

Real Estate Agent

Property Consultant

Construction Manager

Business Development Manager

Risk Manager

Customer Relations 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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