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.
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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
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
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
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