Real Estate Sales Contract For Sale By Owner for Malta

Real Estate Sales Contract For Sale By Owner Template for Malta

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Real Estate Sales Contract For Sale By Owner

"I need a Real Estate Sales Contract For Sale By Owner under Maltese law for selling my three-bedroom apartment in Sliema, including provisions for a foreign buyer requiring AIP permit and planning to complete the transaction by March 2025."

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What is a Real Estate Sales Contract For Sale By Owner?

The Real Estate Sales Contract For Sale By Owner is a crucial legal instrument in Malta's property market, designed for property owners who wish to sell their real estate directly to buyers without using a real estate agent. This document type is particularly relevant in the Maltese jurisdiction, where property transfers must be executed through notarial deeds under the civil law system. The contract incorporates all necessary elements required by Maltese law, including proper party identification, detailed property description, price and payment terms, warranties, and specific provisions required for property registration. It ensures compliance with various regulatory requirements, including the Duty on Documents and Transfers Act, the Notarial Profession and Notarial Archives Act, and other relevant legislation. The document is structured to facilitate a smooth transfer of property while protecting both parties' interests and ensuring all legal obligations are met.

What sections should be included in a Real Estate Sales Contract For Sale By Owner?

1. Parties: Identification of the Vendor and Purchaser with full legal names, identification numbers, addresses, and marital status as required by Maltese law

2. Background: Context of the sale, including brief property history and current ownership status

3. Definitions: Key terms used throughout the agreement, including specific Maltese legal terminology

4. Property Description: Detailed description of the property including exact address, boundaries, measurements, and registration details from Land Registry

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

6. Transfer of Title: Terms and conditions for the transfer of property title, including timing and notarial requirements

7. Vendor's Warranties: Warranties regarding property ownership, absence of encumbrances, and compliance with building permits

8. Property Condition: Current state of the property and any known defects or issues

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

10. Closing and Registration: Requirements and procedures for closing the sale and registering the transfer

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

12. Execution: Signature requirements and notarial execution provisions

What sections are optional to include in a Real Estate Sales Contract For Sale By Owner?

1. Energy Performance Certificate: Required when the property includes buildings subject to EPC requirements

2. MEPA Permits: Section detailing planning permits when property involves recent construction or modifications

3. Special Designated Area Status: Required for properties in Special Designated Areas with specific foreign ownership rules

4. Ground Rent: Required when property is subject to ground rent or emphyteusis

5. Condominium Rules: Required for apartments or properties part of a condominium

6. Agricultural Land Provisions: Required for sales of agricultural land with specific usage restrictions

7. AIP Permit Requirements: Required when purchaser is a non-resident requiring Acquisition of Immovable Property permit

What schedules should be included in a Real Estate Sales Contract For Sale By Owner?

1. Property Plans: Official architectural plans and property drawings

2. Land Registry Documentation: Certified extracts from Land Registry showing title

3. Inventory: List of any movable property included in the sale

4. Payment Schedule: Detailed breakdown of payment installments and timing

5. Property Permits: Copies of relevant MEPA and building permits

6. Energy Performance Certificate: Copy of current EPC if applicable

7. Search Results: Results of searches from Public Registry and Land Registry

8. Condition Report: Detailed report on property condition and any defects

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

Construction

Property Development

Banking & Finance

Legal Services

Property Management

Insurance

Urban Planning

Architecture

Public Registry Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Documentation

Finance

Administration

Corporate Services

Operations

Relevant Roles

Property Owner

Property Buyer

Notary Public

Legal Counsel

Real Estate Lawyer

Property Manager

Bank Manager

Mortgage Advisor

Property Valuer

Compliance Officer

Legal Administrator

Contract Manager

Property Administrator

Title Researcher

Documentation Specialist

Industries
Civil Code of Malta (Chapter 16 of the Laws of Malta): Primary legislation governing contracts, obligations, and property transfers in Malta. Contains provisions about the essential elements of contracts, property rights, and transfer of immovable property.
Duty on Documents and Transfers Act (Chapter 364): Regulates stamp duty payable on property transfers and establishes the tax obligations for both buyers and sellers in real estate transactions.
Notarial Profession and Notarial Archives Act (Chapter 55): Governs the requirements for public deeds in property transfers and the role of notaries in real estate transactions, as all property transfers must be done by notarial deed in Malta.
Land Registration Act (Chapter 296): Establishes the system for registration of immovable property and the requirements for recording property transfers in the Public Registry.
Immovable Property (Acquisition by Non-Residents) Act (Chapter 246): Regulates property acquisition by non-residents and establishes special permits or requirements for foreign buyers.
Prevention of Money Laundering Act (Chapter 373): Sets out anti-money laundering requirements relevant to real estate transactions, including due diligence obligations.
Real Estate Agents, Property Brokers and Property Consultants Act (Chapter 615): Regulates real estate agents and property transactions, including requirements for private sales.
Promise of Sale Agreement Act (Chapter 364): Governs preliminary agreements (konvenju) in property sales, which are commonly used in Maltese property transactions before the final deed.
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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