Home Sales Agreement for Malta

Home Sales Agreement Template for Malta

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Home Sales Agreement

"I need a Home Sales Agreement under Maltese law for a beachfront property in St. Julian's being sold to a non-resident EU buyer, with specific provisions for included furniture and a completion date in March 2025."

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What is a Home Sales Agreement?

The Home Sales Agreement is a crucial legal document used in Malta for residential property transactions between private sellers and buyers. It serves as the definitive contract following the preliminary agreement (konvenju) and must comply with Chapter 16 of the Laws of Malta (Civil Code) and related property legislation. This document is essential when transferring residential property ownership in Malta, whether for private residences, holiday homes, or investment properties. It includes detailed provisions covering property description, purchase price, payment terms, warranties, and completion requirements, while incorporating specific Maltese legal requirements such as energy performance certification and AIP permits for non-resident purchasers where applicable. The agreement is typically executed before a Notary Public and must address local stamp duty and registration requirements.

What sections should be included in a Home Sales Agreement?

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

2. Background: Brief context of the sale, including property identification and intention to transfer

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

4. Sale and Purchase: Core agreement to sell and purchase the property, including the agreed purchase price

5. Deposit and Payment Terms: Details of deposit amount, payment schedule, and method of payment

6. Completion: Conditions and process for completion of sale, including timing and location

7. Property Condition: State of the property, any defects, and 'as is' provisions

8. Vendor's Warranties: Warranties regarding ownership, encumbrances, and property condition

9. Purchaser's Warranties: Warranties regarding ability to complete purchase and compliance with laws

10. Energy Performance: Declarations regarding the Energy Performance Certificate

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

12. Notices: Process for serving notices between parties

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

What sections are optional to include in a Home Sales Agreement?

1. AML Compliance: Required when either party is subject to enhanced due diligence under anti-money laundering regulations

2. Non-Resident Provisions: Required when purchaser is non-resident, including AIP permit requirements

3. Mortgage Contingency: Include when purchase is contingent on obtaining mortgage financing

4. Tenant Provisions: Required when property is currently tenanted, including provisions for vacant possession

5. Furniture and Fittings: Include when sale includes specific furniture or fittings

6. Development Permits: Required when property is under construction or requires specific permits

7. Ground Rent (Ċens): Include when property is subject to ground rent

What schedules should be included in a Home Sales Agreement?

1. Property Description: Detailed description of property including boundaries and measurements

2. Inventory: List of included furniture, fixtures, and fittings if applicable

3. Payment Schedule: Detailed breakdown of payment terms and installments

4. Title Documentation: List of title documents and property provenance

5. Energy Performance Certificate: Copy of current EPC or reference details

6. Plans and Drawings: Official property plans and architectural drawings

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 Industries

Real Estate

Property Development

Legal Services

Banking & Finance

Construction

Architecture

Property Management

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Sales

Compliance

Finance

Business Development

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Notary Public

Property Developer

Legal Counsel

Conveyancing Manager

Property Manager

Real Estate Investment Manager

Mortgage Advisor

Compliance Officer

Real Estate Transaction Coordinator

Property Sales Manager

Industries
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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