The Seller Financing Agreement is utilized in Malta when traditional bank financing is not preferred or available, allowing property sellers to act as lenders. This arrangement is particularly relevant in scenarios involving commercial properties, family transactions, or situations where conventional financing terms may not suit the parties' needs. The document must comply with Maltese legal requirements, including the Civil Code of Malta and financial services regulations, while also adhering to EU directives. It typically includes detailed terms about the property transfer, financing conditions, security arrangements, and both parties' obligations. The agreement's structure reflects Malta's unique legal framework, combining elements of both property and financial services law to create a comprehensive document that protects both seller and buyer interests.
Seller Financing Agreement for Malta
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Key Requirements PROMPT example:
Seller Financing Agreement
"I need a Seller Financing Agreement for a commercial property in Valletta, Malta, with a 15-year financing term starting March 2025, where the seller will retain a first-charge security interest and the buyer needs to maintain specific insurance coverage for a retail business."
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1. Parties: Identification of the Seller/Financier and the Buyer/Borrower with full legal names and addresses
2. Background: Context of the transaction, including property details and parties' intention to enter into a seller financing arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core terms of the property sale including property description and purchase price
5. Financing Terms: Details of the financing arrangement including principal amount, interest rate, term, and payment schedule
6. Security and Collateral: Description of security interests, including mortgage or charge over the property
7. Representations and Warranties: Statements of fact and assurances from both parties
8. Buyer's Covenants: Ongoing obligations of the buyer including property maintenance, insurance, and payment obligations
9. Seller's Covenants: Ongoing obligations of the seller including title warranties and documentation
10. Events of Default: Circumstances constituting default and consequences thereof
11. Remedies: Rights and remedies available to parties in case of default
12. Transfer of Title: Conditions and process for transferring property title
13. Notices: Process and requirements for formal communications between parties
14. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Early Repayment: Terms for early loan repayment, including any penalties or incentives - include when early repayment is permitted
2. Property Management: Specific requirements for property maintenance and management - include for commercial properties
3. Insurance Requirements: Detailed insurance obligations - include for high-value properties or commercial properties
4. Guarantees: Terms of any additional guarantees - include when there are third-party guarantors
5. Assignment and Transfer: Rights to assign or transfer the agreement - include for commercial transactions
6. Tax Provisions: Specific tax-related obligations and arrangements - include for complex transactions or commercial properties
7. Property Use Restrictions: Specific limitations on property use - include for properties with special conditions or commercial properties
8. Third Party Rights: Rights of third parties under the agreement - include when relevant third parties are involved
1. Property Description: Detailed legal description of the property including boundaries and included fixtures
2. Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and interest calculations
3. Property Condition Report: Detailed description of property condition at time of sale
4. Title Documents: Copies of relevant title documents and searches
5. Insurance Requirements: Detailed specifications of required insurance coverage
6. Property Plans: Official property plans and drawings
7. Energy Performance Certificate: Current energy performance certificate as required by law
8. Outstanding Works: List of any pending repairs or improvements agreed between parties
Authors
Relevant legal definitions
Agreement
Property
Purchase Price
Principal Amount
Interest Rate
Payment Date
Completion Date
Default Rate
Seller
Buyer
Security Interest
Charge
Mortgage
Due Date
Business Day
Event of Default
Completion
Deed of Sale
Public Registry
Land Registry
Encumbrances
Payment Schedule
Term
Repayment Period
Premises
Title Documents
Outstanding Balance
Default Notice
Guarantor
Security Documents
Insurance Policy
Relevant Authority
Material Adverse Effect
Permitted Use
Transfer Date
Effective Date
Initial Payment
Monthly Installment
Property Rights
Valuation
Force Majeure Event
Notarial Deed
Applicable Law
Working Day
Stamp Duty
Registration Fees
Condition Precedent
Essential Repairs
Property Tax
Property
Purchase Price
Principal Amount
Interest Rate
Payment Date
Completion Date
Default Rate
Seller
Buyer
Security Interest
Charge
Mortgage
Due Date
Business Day
Event of Default
Completion
Deed of Sale
Public Registry
Land Registry
Encumbrances
Payment Schedule
Term
Repayment Period
Premises
Title Documents
Outstanding Balance
Default Notice
Guarantor
Security Documents
Insurance Policy
Relevant Authority
Material Adverse Effect
Permitted Use
Transfer Date
Effective Date
Initial Payment
Monthly Installment
Property Rights
Valuation
Force Majeure Event
Notarial Deed
Applicable Law
Working Day
Stamp Duty
Registration Fees
Condition Precedent
Essential Repairs
Property Tax
Clauses
Sale and Purchase
Financing Terms
Payment Obligations
Security Interest
Title Transfer
Property Description
Interest Rate
Default and Remedies
Insurance Requirements
Representations and Warranties
Property Maintenance
Assignment and Transfer
Force Majeure
Governing Law
Dispute Resolution
Notices
Confidentiality
Amendment and Modification
Severability
Entire Agreement
Costs and Expenses
Tax Obligations
Registration Requirements
Property Inspection
Due Diligence
Early Repayment
Default Interest
Acceleration
Property Use
Environmental Compliance
Indemnification
Termination
Survival
Further Assurance
Waiver
Time of Essence
Financing Terms
Payment Obligations
Security Interest
Title Transfer
Property Description
Interest Rate
Default and Remedies
Insurance Requirements
Representations and Warranties
Property Maintenance
Assignment and Transfer
Force Majeure
Governing Law
Dispute Resolution
Notices
Confidentiality
Amendment and Modification
Severability
Entire Agreement
Costs and Expenses
Tax Obligations
Registration Requirements
Property Inspection
Due Diligence
Early Repayment
Default Interest
Acceleration
Property Use
Environmental Compliance
Indemnification
Termination
Survival
Further Assurance
Waiver
Time of Essence
Relevant Industries
Real Estate
Financial Services
Property Development
Construction
Commercial Property
Residential Property
Banking
Legal Services
Property Investment
Relevant Teams
Legal
Real Estate
Finance
Compliance
Risk Management
Property Management
Commercial
Investment
Operations
Administration
Relevant Roles
Real Estate Manager
Property Lawyer
Financial Director
Legal Counsel
Property Developer
Investment Manager
Compliance Officer
Real Estate Agent
Commercial Director
Property Portfolio Manager
Contract Administrator
Risk Manager
Finance Manager
Legal Administrator
Real Estate Investment Advisor
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