Real Estate Sales Agreement for Malta

Real Estate Sales Agreement Template for Malta

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Real Estate Sales Agreement

"I need a Real Estate Sales Agreement for the purchase of a residential apartment in Sliema, Malta, with completion scheduled for March 2025, including provisions for existing tenant rights and furniture inventory."

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What is a Real Estate Sales Agreement?

The Real Estate Sales Agreement is a fundamental legal document used in Malta for property transactions between vendors and purchasers. It must comply with specific requirements under Maltese law, including the Civil Code (Chapter 16) and the Duty on Documents and Transfers Act. This agreement is essential whenever real property is being transferred, whether for residential, commercial, or industrial purposes. The document includes crucial details such as property description, price, payment terms, warranties, and completion requirements. It must be executed before a Notary Public and registered with the Public Registry and Land Registry of Malta. The agreement also addresses tax obligations, energy performance requirements, and any special conditions specific to the property being transferred. This document type is particularly important in Malta's real estate market, where foreign investment and tourism-related property transactions are common.

What sections should be included in a Real Estate Sales Agreement?

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

2. Background: Context of the sale, including brief property history and purpose of the agreement

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

5. Purchase Price: Agreed purchase price, payment structure, and deposit arrangements

6. Payment Terms: Details of how and when payments will be made, including deposit, stage payments if any, and final payment

7. Completion: Conditions for completion, timing, and process for transfer of title

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

9. Purchaser's Warranties: Confirmations regarding funding and compliance with legal requirements

10. Title and Registration: Provisions regarding transfer of title and registration requirements

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

12. Notices: Process for formal communications between parties

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

14. Execution: Signature blocks and notarial requirements

What sections are optional to include in a Real Estate Sales Agreement?

1. Construction Provisions: Used when property is under construction, including completion timelines and specifications

2. Existing Tenancies: Required when the property is subject to existing lease agreements

3. Furniture and Fittings: Used when sale includes specific movable property

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

5. Mortgage Arrangements: Used when purchase is subject to mortgage financing

6. Special Designations: Required for properties in Urban Conservation Areas or with heritage status

7. Agricultural Land Provisions: Required for sales involving agricultural land with specific regulations

8. Condominium Rules: Used for properties part of a condominium development

What schedules should be included in a Real Estate Sales Agreement?

1. Property Details Schedule: Detailed property specifications, measurements, and boundaries

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

3. Payment Schedule: Detailed breakdown of payment stages and amounts

4. Land Registry Documents: Copies of relevant land registry extracts and plans

5. Energy Performance Certificate: Mandatory EPC documentation

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

7. Title Documentation: Copies of relevant title and ownership documents

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

Relevant Industries

Real Estate

Banking and Finance

Construction

Hospitality

Retail

Healthcare

Education

Manufacturing

Technology

Professional Services

Tourism

Agriculture

Relevant Teams

Legal

Real Estate

Facilities

Finance

Compliance

Tax

Risk Management

Business Development

Operations

Property Management

Corporate Services

Investment

Acquisitions

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary Public

Corporate Counsel

Legal Director

Facilities Manager

Property Developer

Investment Manager

Compliance Officer

Tax Advisor

Real Estate Broker

Business Development Manager

Chief Financial Officer

Asset Manager

Acquisitions Manager

Risk Manager

Real Estate Analyst

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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