The Agreement Of Purchase And Sale (Real Estate) is a crucial legal document used in Malta for property transactions between vendors and purchasers. This agreement type is essential for documenting the complete terms and conditions of real estate sales in compliance with Maltese law, including the Civil Code (Chapter 16) and related legislation. It serves as the primary contract documenting property details, price, payment terms, conditions, warranties, and completion requirements. The agreement is typically prepared following a preliminary agreement (konvenju) and precedes the final deed of sale, which must be executed before a Notary Public. It's particularly important in Malta's active real estate market, where property transactions must adhere to specific local legal requirements, including stamp duty regulations and anti-money laundering provisions.

1. Parties: Identification of the Vendor and Purchaser with full legal names, identification numbers, and addresses

2. Background: Context of the sale, including brief property description and any relevant history

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

4. Property Description: Detailed description of the property including exact location, boundaries, and measurements as per Land Registry documentation

5. Purchase Price: Statement of the purchase price, payment terms, and deposit arrangements

6. Payment Terms: Detailed breakdown of payment schedule, method of payment, and any conditions attached to payments

7. Completion: Terms and conditions for completion of sale, including timing and requirements

8. Vendor's Warranties: Warranties regarding property ownership, absence of encumbrances, and other standard seller guarantees

9. Property Condition: Statement about the condition in which the property will be transferred

10. Costs and Taxes: Allocation of costs, including notarial fees, stamp duty, and other transaction costs

11. Risk and Insurance: Provisions regarding transfer of risk and insurance responsibilities

12. Notices: Process for serving notices between parties

13. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

14. Execution: Signature blocks and execution formalities