Property Contract for Malaysia

Property Contract Template for Malaysia

A comprehensive legal document governed by Malaysian law that facilitates the transfer of real property ownership between parties. This contract outlines the terms and conditions of the property sale, including purchase price, payment terms, property details, and obligations of both parties. It incorporates requirements from the National Land Code 1965 and other relevant Malaysian property legislation, ensuring compliance with local property laws and regulations. The document includes provisions for property transfer procedures, conditions precedent, completion requirements, and remedies in case of default.

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What is a Property Contract?

The Property Contract serves as the primary legal instrument for real estate transactions in Malaysia, essential for both residential and commercial property transfers. It is designed to comply with Malaysian property laws, particularly the National Land Code 1965, Contracts Act 1950, and other relevant legislation. This document is utilized when transferring property ownership, whether for individual home purchases, commercial real estate transactions, or development projects. The contract typically includes crucial elements such as property details, payment terms, conditions precedent, and completion requirements. It also addresses specific Malaysian legal requirements such as land office registration, consent requirements, and applicable property taxes. The document's structure and content are tailored to protect both parties' interests while ensuring compliance with local property regulations and transfer procedures.

What sections should be included in a Property Contract?

1. Parties: Identification of the vendor/seller and purchaser/buyer with full legal names, identification numbers, and addresses as required by Malaysian law

2. Background: Context of the transaction, including brief property description and intention of the parties

3. Definitions: Definitions of key terms used throughout the agreement, including property-specific terminology

4. Property Details: Comprehensive description of the property including lot number, title details, and land office registration information as per National Land Code requirements

5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements

6. Payment Terms: Detailed payment schedule, method of payment, and consequences of default

7. Conditions Precedent: Conditions that must be fulfilled before completion, including title searches and relevant authority approvals

8. Vendor's Obligations: Responsibilities of the vendor including delivery of vacant possession and execution of transfer documents

9. Purchaser's Obligations: Responsibilities of the purchaser including timely payment and compliance with transfer requirements

10. Completion: Completion date, delivery of documents, and transfer procedures

11. Title and Transfer: Provisions regarding title guarantee and transfer process as per National Land Code

12. Default and Termination: Consequences of breach and termination rights

13. Governing Law: Specification of Malaysian law as governing law and jurisdiction

What sections are optional to include in a Property Contract?

1. Strata Title Provisions: Required for apartments or condominiums, including maintenance fees and sinking fund obligations

2. Third Party Consent: Required when the property transfer needs approval from authorities or other parties

3. Tenancy Provisions: Required when the property is subject to existing tenancy

4. Developer's Provisions: Required for new properties purchased directly from developers

5. Bank Consent: Required when the property has existing charges or encumbrances

6. GST Provisions: Required for commercial properties subject to Goods and Services Tax

7. Special Conditions: For unique requirements specific to the transaction or property type

What schedules should be included in a Property Contract?

1. Property Schedule: Detailed property description, including lot number, title details, and land area

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

3. Inventory List: List of fixtures, fittings, and furniture included in the sale

4. Title Particulars: Copy of land title or strata title details

5. Property Documents: Copies of relevant certificates, permits, and approvals

6. Plans and Drawings: Property floor plans, location maps, and building plans

7. Defects List: List of existing defects acknowledged by both parties

8. Form 14A: Statutory transfer form under National Land Code (where applicable)

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Property Management

Urban Planning

Facilities Management

Property Investment

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Facilities

Operations

Finance

Risk Management

Business Development

Asset Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Property Developer

Legal Counsel

Compliance Officer

Property Valuer

Land Administrator

Contract Manager

Real Estate Investment Manager

Facilities Manager

Property Consultant

Title Officer

Real Estate Portfolio Manager

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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