Absolute Deed Of Sale for Malta

Absolute Deed Of Sale Template for Malta

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Absolute Deed Of Sale

"I need an Absolute Deed of Sale for a residential property in Sliema, Malta, with multiple vendors (three siblings) selling to a non-resident purchaser, including AIP permit requirements and bank financing provisions, targeting completion by March 2025."

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What is a Absolute Deed Of Sale?

The Absolute Deed of Sale is the final and definitive document used in Maltese property transactions to transfer ownership of immovable property. It represents the culmination of the property purchase process, typically following a preliminary agreement (konvenju). This deed must be executed in accordance with Chapter 16 of the Laws of Malta (Civil Code) and Chapter 55 (Notarial Profession and Notarial Archives Act). The document includes comprehensive details about the property, parties, consideration, and various legal declarations. It must be drawn up by a Notary Public and registered with the Public Registry within 15 days of execution. The Absolute Deed of Sale is particularly significant as it represents the only legally valid method of transferring immovable property ownership in Malta, making it essential for all property transactions in the jurisdiction.

What sections should be included in a Absolute Deed Of Sale?

1. Parties: Detailed identification of the vendor(s) and purchaser(s), including full names, ID numbers, addresses, and marital status as required by Maltese law

2. Background: History of the property ownership, including previous deed references and declarations regarding acquisition

3. Definitions: Key terms used throughout the deed, ensuring clarity and legal certainty

4. Property Description: Detailed description of the immovable property being transferred, including boundaries, measurements, and cadastral references

5. Title and Origin: Vendor's title to the property and chain of previous transfers

6. Consideration: Purchase price, payment terms, and confirmations of payments made

7. Transfer Declaration: Formal declaration of the transfer of property from vendor to purchaser

8. Vacant Possession: Declaration regarding the delivery of vacant possession and current occupancy status

9. Warranties: Vendor's warranties regarding property title, encumbrances, and conditions

10. Tax Declarations: Declarations required for stamp duty and tax purposes

11. Expenses: Allocation of notarial fees, duties, and other expenses

12. Closing Provisions: Final declarations, notarial confirmations, and signatures

What sections are optional to include in a Absolute Deed Of Sale?

1. Bank Finance: Required when the purchase is funded through bank financing, including hypothec details and bank representative details

2. AIP Permit: Required when purchaser is a non-resident, including Acquisition of Immovable Property permit details

3. Conditions Precedent: Used when the sale is subject to specific conditions that must be fulfilled

4. Special Delegations: Required when any party is represented by a delegate or power of attorney

5. Condominium Provisions: Required for apartments or shared buildings, detailing common parts and regulations

6. Planning Permits: Required when property involves recent construction or pending permits

7. Ground Rent Redemption: Required when property is subject to ground rent being redeemed as part of the sale

What schedules should be included in a Absolute Deed Of Sale?

1. Property Plans: Official architectural plans and site plans of the property

2. Land Registry Plans: Official plans from Land Registry showing property boundaries

3. Inventory: List of moveable items included in the sale, if any

4. Energy Performance Certificate: Mandatory EPC documentation

5. Planning Permits: Copies of relevant MEPA permits and compliance certificates

6. Payment Schedule: Details of staged payments if applicable

7. Bank Documents: Sanction letters and hypothec details if bank financing is involved

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

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