Real Estate Contract for Malta

Real Estate Contract Template for Malta

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Real Estate Contract

"I need a Real Estate Contract for purchasing a residential apartment in Sliema, Malta, with completion scheduled for March 2025; the property is currently tenant-occupied so we need to include provisions for vacant possession upon completion."

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What is a Real Estate Contract?

This Real Estate Contract template is designed for use in property transactions within Malta's jurisdiction, ensuring compliance with local legal requirements and market practices. It serves as the primary agreement between parties for the sale and purchase of real property, whether residential, commercial, or industrial. The document incorporates essential elements required under Maltese law, including provisions from the Civil Code of Malta, the Land Registration Act, and other relevant legislation. It is structured to accommodate various property types and transaction complexities, featuring comprehensive sections on property description, financial terms, warranties, and completion requirements. This template is particularly valuable in Malta's unique property market, where specific legal formalities and notarial requirements must be observed for valid property transfers.

What sections should be included in a Real Estate Contract?

1. Parties: Identification and details of the vendor and purchaser, including full legal names, ID numbers, and addresses

2. Background: Context of the transaction and brief description of the property being transferred

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

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

5. Purchase Price and Payment Terms: Agreed purchase price, payment schedule, deposit requirements, and method of payment

6. Conditions Precedent: Conditions that must be satisfied before completion, including permits and searches

7. Completion: Details of the completion process, timing, and requirements for transfer of title

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

9. Purchaser's Obligations: Responsibilities of the purchaser including payment and due diligence

10. Notarial Deed: Requirements for the final deed of sale and transfer process

11. Costs and Taxes: Allocation of costs, stamp duty, and other taxes between parties

12. Governing Law and Jurisdiction: Confirmation of Maltese law application and jurisdiction

What sections are optional to include in a Real Estate Contract?

1. Development Rights: Include when the property has pending or potential development permits or rights

2. Tenant Rights: Required if the property is currently leased or has sitting tenants

3. Condominium Provisions: Include for apartments or properties with shared areas and facilities

4. Special Conditions: Any unique requirements or conditions specific to the transaction

5. Environmental Matters: Include if there are environmental considerations or restrictions

6. Planning Permits: Required if property requires specific planning permissions or has pending applications

7. Financing Conditions: Include if purchase is subject to bank financing or special payment arrangements

8. Service Provisions: Include for properties with ongoing service requirements or maintenance agreements

What schedules should be included in a Real Estate Contract?

1. Property Plans: Official plans and drawings of the property from Land Registry

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

3. Title Documents: Copies of relevant title documents and property searches

4. Planning Permits: Copies of existing planning permits and applications

5. Energy Performance Certificate: Required energy performance documentation

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

7. Service Charges: Details of any ongoing service charges or maintenance fees

8. Land Registry Extract: Official extract showing current ownership and encumbrances

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 legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Construction

Property Development

Property Management

Insurance

Architecture and Design

Urban Planning

Hospitality (for commercial properties)

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Commercial

Operations

Finance

Administrative

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Compliance Officer

Property Developer

Real Estate Investment Manager

Commercial Director

Transaction Manager

Legal Administrator

Property Surveyor

Real Estate Portfolio Manager

Risk Manager

Contract Administrator

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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