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Real Estate Earnest Money Agreement
"I need a Real Estate Earnest Money Agreement for purchasing a commercial building in Jakarta's business district, with a 10% earnest money deposit to be held in escrow until March 2025, including provisions for a 30-day due diligence period."
1. Parties: Identification of the seller and buyer, including complete legal names, addresses, and identification numbers as required by Indonesian law
2. Background: Context of the transaction, including brief description of the property and parties' intention to enter into a sale and purchase agreement
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology specific to Indonesian real estate law
4. Property Description: Detailed description of the property, including certificate number, land area, building area, and boundaries as per Indonesian land registration requirements
5. Purchase Price: Total agreed purchase price in Indonesian Rupiah, payment structure, and method of payment
6. Earnest Money: Amount of earnest money, payment terms, deadline, and designated escrow agent or notary
7. Escrow Terms: Terms and conditions for holding and releasing the earnest money, including the role of the appointed notary or escrow agent
8. Due Diligence Period: Timeframe and terms for buyer's property inspection and document verification rights
9. Conditions Precedent: Conditions that must be met before proceeding to final sale, including property checks and document verifications
10. Closing Requirements: Requirements and procedures for closing the transaction, including execution of the final deed of sale (Akta Jual Beli)
11. Default and Remedies: Consequences of default by either party and available remedies under Indonesian law
12. Governing Law and Dispute Resolution: Specification of Indonesian law as governing law and method of dispute resolution
13. Notices: Method and addresses for formal communications between parties
14. Execution: Signature blocks and formal execution requirements
1. Property Insurance: Requirements for insurance coverage during the earnest money period, used when the property includes significant structures
2. Foreign Ownership Provisions: Special provisions required when the buyer is a foreign national or entity, addressing compliance with Indonesian foreign ownership restrictions
3. Property Management: Terms for property maintenance and access during the earnest money period, used for occupied properties or those with ongoing operations
4. Broker Provisions: Terms regarding real estate broker involvement and commission arrangements, included when brokers are involved in the transaction
5. Existing Tenancies: Provisions regarding existing tenants and lease agreements, used when the property is currently leased
6. Financing Contingency: Conditions related to buyer's financing arrangements, included when purchase depends on buyer securing financing
7. Tax Provisions: Special tax considerations and allocations, used when complex tax implications exist
8. Environmental Matters: Environmental inspection rights and responsibilities, included for commercial or industrial properties
1. Property Details Schedule: Detailed technical description of the property, including exact measurements, boundaries, and certificates
2. Payment Schedule: Detailed breakdown of payment terms, including earnest money and subsequent payment installments
3. Due Diligence Checklist: List of required documents and verifications to be completed during due diligence
4. Property Inspection Report: Format or requirements for property inspection reporting
5. Required Permits and Licenses: List of governmental permits and licenses relevant to the property
6. Existing Encumbrances: Details of any existing liens, mortgages, or other encumbrances on the property
7. Property Photos and Plans: Visual documentation of the property, including photographs and architectural plans if applicable
8. Form of Deed of Sale: Draft or template of the final deed of sale (Akta Jual Beli) to be executed
Authors
Akta Jual Beli
Business Day
Closing
Closing Date
Deed of Sale
Due Diligence Period
Earnest Money
Earnest Money Deposit
Effective Date
Escrow Agent
Hak Guna Bangunan
Hak Milik
IMB (Izin Mendirikan Bangunan)
Land Certificate
Notice
Notary
Parties
PPAT
Property
Purchase Price
Real Estate Broker
Seller's Disclosure
SHM (Sertifikat Hak Milik)
SHGB (Sertifikat Hak Guna Bangunan)
Title Deed
Transaction Documents
Transfer Date
Default
Force Majeure
Governmental Authority
Permitted Encumbrances
Property Documents
Registration Requirements
Related Parties
Representatives
Taxes
Working Hours
Recitals
Definitions
Property Description
Purchase Price
Earnest Money Deposit
Escrow Arrangements
Due Diligence
Property Inspection
Title and Ownership
Representations and Warranties
Conditions Precedent
Payment Terms
Property Transfer
Closing Conditions
Default and Remedies
Force Majeure
Risk and Insurance
Costs and Taxes
Broker Commission
Assignment
Confidentiality
Notices
Dispute Resolution
Governing Law
Amendments
Entire Agreement
Severability
Language Requirements
Registration
Environmental Matters
Property Access
Termination
Time of Essence
Counterparts
Legal Compliance
Real Estate
Property Development
Banking and Finance
Construction
Hospitality
Retail
Commercial Office
Industrial
Residential Property
Agriculture (for land transactions)
Legal Services
Investment Management
Legal
Real Estate
Property Management
Finance
Compliance
Risk Management
Corporate Affairs
Investment
Operations
Facilities Management
Business Development
Document Management
Real Estate Manager
Property Developer
Legal Counsel
Corporate Lawyer
Property Manager
Real Estate Broker
Investment Manager
Asset Manager
Facilities Manager
Corporate Secretary
Chief Financial Officer
Acquisition Manager
Development Director
Real Estate Analyst
Compliance Officer
Risk Manager
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