Buying A House On Contract Form for Malta

Buying A House On Contract Form Template for Malta

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Buying A House On Contract Form

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What is a Buying A House On Contract Form?

The Buying A House On Contract Form is a crucial legal document used in Malta's property market for residential property purchases. It serves as the primary agreement between vendor and purchaser, establishing legally binding obligations for both parties under Maltese law. This document is essential in the property transfer process, typically executed before a Notary Public, and must comply with specific requirements of the Civil Code of Malta and related legislation. It includes detailed property descriptions, financial terms, completion requirements, and various warranties and representations. The agreement also addresses unique aspects of Maltese property law such as ground rent (ċens) where applicable, and special requirements for non-resident purchasers. This contract form is typically used as the foundation for the final deed of sale (kuntratt), which must be executed within the timeframe specified in the promise of sale agreement.

What sections should be included in a Buying A House On Contract Form?

1. Parties: Identification and details of the Vendor and Purchaser, including ID numbers, addresses, and marital status as required by Maltese law

2. Background: Context of the sale, including brief property history and current ownership status

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Property Description: Detailed legal description of the property, including boundaries, measurements, and registration details as per Land Registry requirements

5. Purchase Price: The agreed purchase price, payment schedule, and deposit requirements

6. Payment Terms: Detailed breakdown of payment structure, including deposit, stage payments if any, and final payment

7. Completion Requirements: Conditions for completion, including searches, permits, and documentation requirements

8. Vendor's Obligations: Responsibilities of the seller, including delivery of vacant possession and required documentation

9. Purchaser's Obligations: Responsibilities of the buyer, including payment obligations and due diligence requirements

10. Warranties and Representations: Standard warranties about property ownership, encumbrances, and condition

11. Notarial Deed: Requirements and arrangements for the final deed of sale

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

13. Governing Law: Confirmation that the agreement is governed by Maltese law

14. Signatures: Execution section for all parties and witnesses

What sections are optional to include in a Buying A House On Contract Form?

1. Construction Completion: Used when property is under construction, specifying completion requirements and standards

2. Bank Finance: Include when purchase is subject to bank financing, detailing conditions and timelines

3. Special Conditions: For unique requirements such as repairs, renovations, or specific inclusions/exclusions

4. Ground Rent (Ċens): Required if the property is subject to ground rent payments

5. AIP Permit: Required for non-resident purchasers needing Acquisition of Immovable Property permits

6. Rental Agreements: Include if property is subject to existing tenancies

7. Planning Permissions: Required for properties needing specific permits or with pending applications

What schedules should be included in a Buying A House On Contract Form?

1. Property Plans: Architectural plans, site plans, and measurements of the property

2. Inventory: List of fixtures, fittings, and other items included in the sale

3. Land Registry Documents: Property registration documents and site plans

4. Energy Performance Certificate: Mandatory EPC documentation

5. Planning Permits: Copies of relevant MEPA permits and applications

6. Title Documents: Copies of relevant title documents and searches

7. Payment Schedule: Detailed breakdown of payment installments if applicable

8. Condition Report: Survey or condition report if commissioned

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

Clauses
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Construction

Property Development

Professional Services

Insurance

Mortgage Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Operations

Sales

Customer Relations

Documentation

Relevant Roles

Real Estate Agent

Property Lawyer

Notary Public

Bank Manager

Mortgage Advisor

Property Developer

Real Estate Investment Manager

Legal Counsel

Conveyancing Officer

Property Valuator

Real Estate Portfolio Manager

Compliance Officer

Property Administrator

Real Estate Transaction Coordinator

Industries
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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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