The Land Buying Agreement is a crucial legal document used in Malta for the transfer of land ownership, whether for residential, commercial, or industrial purposes. This agreement type is essential when any party wishes to purchase land in Malta, requiring careful consideration of local property laws, registration requirements, and tax implications. The document must be executed before a Notary Public as per Maltese law and includes comprehensive details about the property, parties involved, purchase terms, and conditions. It addresses specific Maltese legal requirements such as AIP permits for foreign buyers, energy performance certificates, and planning permissions. The agreement serves as the foundation for the property transfer process and must comply with various regulations including the Civil Code of Malta, the Duty on Documents and Transfers Act, and the Land Registration Act.
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1. Parties: Identification of the Vendor and Purchaser with full legal names, registration numbers (if companies), and addresses
2. Background: Context of the sale, brief description of the property, and intention of the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including boundaries, measurements, and registration details as per Land Registry
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and payment schedule
6. Conditions Precedent: Conditions that must be satisfied before completion, including permits and searches
7. Vendor's Warranties: Warranties regarding ownership, encumbrances, disputes, and property condition
8. Purchaser's Warranties: Warranties regarding financial capacity and compliance with relevant laws
9. Completion: Details of the completion process, including notarial requirements and timing
10. Costs and Taxes: Allocation of costs, stamp duty, and other taxes between parties
11. Energy Performance: Declarations regarding the Energy Performance Certificate as required by Maltese law
12. Notices: Process and addresses for serving notices between parties
13. Governing Law: Confirmation of Maltese law as governing law and jurisdiction
14. Entire Agreement: Standard entire agreement clause and amendment provisions
1. Existing Tenancies: Required if the property has existing tenants, detailing their rights and obligations
2. Planning Permissions: Required if the property requires specific planning permissions or has pending applications
3. Foreign Ownership: Required if the purchaser is a non-resident, addressing AIP requirements
4. Agricultural Land: Required if the property includes agricultural land, addressing specific regulations
5. Heritage Protection: Required if the property has heritage status or protection
6. Environmental Matters: Required if there are environmental concerns or obligations
7. Development Rights: Required if transferring or restricting development rights
8. Easements: Required if there are existing or new easements to be created
1. Property Plan: Detailed plans and drawings of the property including boundaries
2. Title Documents: Copies of relevant title documents and searches
3. Energy Performance Certificate: Copy of the current Energy Performance Certificate
4. Inventory: List of any items included in the sale
5. Payment Schedule: Detailed breakdown of payment terms and installments
6. Land Registry Extract: Current extract from the Land Registry
7. Planning Permits: Copies of relevant planning permits and applications
8. Property Photographs: Recent photographs documenting the current state of the property
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