Real Estate Contract Agreement Template for Indonesia

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Key Requirements PROMPT example:

Real Estate Contract Agreement

"I need a Real Estate Contract Agreement for purchasing a commercial office space in Jakarta CBD, with completion scheduled for March 2025, including specific provisions for property management services and parking allocation."

Document background
The Real Estate Contract Agreement is a fundamental legal instrument used in Indonesian property transactions to formalize the transfer of real estate ownership between parties. This document is essential when conducting any property sale or purchase in Indonesia, whether for residential, commercial, or industrial purposes. It must comply with various Indonesian regulations, including the Basic Agrarian Law (UUPA), land registration requirements, and local property laws. The agreement typically includes comprehensive details about the property, payment terms, conditions for transfer, and obligations of all parties involved. It becomes particularly crucial given Indonesia's unique land title system and specific requirements for property ownership, especially concerning foreign investment restrictions and regional variations in property regulations. The document serves as the primary reference for the transaction and may be required for various purposes including bank financing, property registration, and future property dealings.
Suggested Sections

1. Parties: Identification of all parties involved in the transaction, including full legal names, addresses, and ID numbers as required by Indonesian law

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terms specific to Indonesian real estate law

4. Property Details: Comprehensive description of the property including certificate number, land area, building area, boundaries, and land use category as per Indonesian land registration requirements

5. Purchase Price: Detailed breakdown of the purchase price, payment schedule, and payment methods in accordance with Indonesian banking regulations

6. Payment Terms: Specific conditions for payment, including deposits, installments, and final payment requirements

7. Transfer of Title: Process and requirements for legal transfer of property ownership under Indonesian law, including notarial deed requirements

8. Representations and Warranties: Statements and guarantees from both parties regarding property ownership, condition, and legal status

9. Seller's Obligations: Detailed responsibilities of the seller including document provision and property handover requirements

10. Buyer's Obligations: Detailed responsibilities of the buyer including payment and documentation requirements

11. Completion Requirements: Conditions that must be met for successful completion of the transaction

12. Default and Remedies: Consequences and available remedies in case of breach by either party

13. Governing Law: Specification of Indonesian law as governing law and relevant jurisdictional details

14. Execution: Signing requirements and formalities as per Indonesian law

Optional Sections

1. Mortgage Provisions: Required when the purchase involves bank financing or mortgage arrangements

2. Foreign Ownership Provisions: Required when the buyer is a foreign national, detailing compliance with Indonesian foreign ownership restrictions

3. Property Management: Required for apartments or properties within managed complexes

4. Development Obligations: Required when the property is part of an ongoing development or requires specific construction

5. Strata Title Provisions: Required for apartment or condominium purchases

6. Agent Provisions: Required when real estate agents are involved in the transaction

7. Tax Structure: Required when special tax arrangements or considerations apply

8. Force Majeure: Optional clause dealing with unforeseen circumstances affecting the transaction

Suggested Schedules

1. Property Documents: Copies of land certificates, building permits, and other relevant property documentation

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

3. Property Plans: Official site plans, building plans, and boundary maps

4. Due Diligence Results: Results of legal and technical due diligence investigations

5. Tax Certificates: Copies of relevant tax certificates and payment proof

6. Property Photographs: Current photographs of the property and its condition

7. Handover Inventory: Detailed list of items included in the property sale

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

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

Banking & Finance

Hospitality

Retail

Industrial & Manufacturing

Agriculture

Education

Healthcare

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Business Development

Compliance

Risk Management

Finance

Operations

Asset Management

Investment

Corporate Affairs

Administration

Relevant Roles

Real Estate Agent

Property Developer

Legal Counsel

Property Manager

Facilities Manager

Business Development Manager

Investment Manager

Corporate Lawyer

Notary Public

Bank Manager

Property Valuer

Compliance Officer

Risk Manager

Real Estate Broker

Asset Manager

Operations Director

Chief Financial Officer

Chief Legal Officer

Industries
Indonesian Civil Code (KUHPerdata): Provides the fundamental legal framework for contracts and agreements, including provisions for offer, acceptance, consideration, and contractual obligations
Basic Agrarian Law No. 5 of 1960 (UUPA): Fundamental law governing land rights and ownership in Indonesia, defining different types of land titles (HGB, HGU, Hak Milik, etc.)
Government Regulation No. 24 of 1997 on Land Registration: Regulates the registration of land titles and transfer of property rights, including the procedures for property transactions
Law No. 20 of 2011 on Apartments: Specific regulations governing apartment ownership and strata title properties
Government Regulation No. 103 of 2015: Regulates house ownership by foreigners domiciled in Indonesia, including restrictions and permitted ownership structures
Law No. 28 of 2002 on Buildings: Regulates building requirements, permits, and standards that need to be considered in real estate transactions
Regional Spatial Planning Laws: Local regulations governing land use, zoning, and development restrictions in specific areas
Law No. 8 of 1999 on Consumer Protection: Provides protection for buyers in real estate transactions and establishes rights and obligations of property developers
Law No. 37 of 2004 on Bankruptcy: Relevant for including provisions regarding property rights in case of bankruptcy of either party
Government Regulation No. 18 of 2021: Updated regulations on land registration and management, including electronic land certificates and registration procedures
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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