Provisional Agreement For Sale And Purchase for Malaysia

Provisional Agreement For Sale And Purchase Template for Malaysia

A comprehensive legal document used in Malaysian property transactions that serves as an interim binding agreement between the vendor and purchaser before the execution of the final Sale and Purchase Agreement. It outlines the essential terms and conditions of the property sale, including property details, purchase price, payment terms, and completion timeline, while complying with Malaysian property law and regulations. This document provides security to both parties during the period between initial agreement and final completion, ensuring key terms are locked in while due diligence and financing arrangements are being completed.

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What is a Provisional Agreement For Sale And Purchase?

The Provisional Agreement For Sale And Purchase is a critical document in Malaysian property transactions that serves as a legally binding preliminary agreement between parties involved in a property sale. This document is typically used after initial negotiations are successful but before the final Sale and Purchase Agreement is executed, usually while conducting due diligence, arranging financing, or waiting for regulatory approvals. It covers essential elements including property details, purchase price, payment schedule, conditions precedent, and completion requirements, all while adhering to Malaysian property laws and regulations. The agreement provides protection for both parties during this interim period by establishing clear rights, obligations, and remedies, while allowing flexibility for the transaction to progress toward final completion.

What sections should be included in a Provisional Agreement For Sale And Purchase?

1. Parties: Identification and details of the Vendor and Purchaser, including NRIC/Company numbers and addresses

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Purchase Price', 'Completion Date', etc.

4. Sale and Purchase: Core agreement for the sale and purchase of the property at the specified price

5. Purchase Price: Details of the purchase price, payment schedule, and deposit requirements

6. Conditions Precedent: Essential conditions that must be fulfilled before the agreement becomes fully effective

7. Completion: Timeline and procedures for completing the transaction

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

9. Purchaser's Representations and Warranties: Confirmation of purchaser's capacity and ability to complete the purchase

10. Default and Termination: Consequences of default by either party and termination provisions

11. Notices: How formal communications between parties should be made

12. Governing Law: Confirmation that Malaysian law governs the agreement

What sections are optional to include in a Provisional Agreement For Sale And Purchase?

1. Property Management: Required for stratified properties to address maintenance fees and sinking funds

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

3. Rental Income: Used when the property is currently tenanted and addressing treatment of existing tenancies

4. GST/Tax Provisions: Detailed tax arrangements if applicable to the transaction

5. Renovation Works: Required when there are ongoing or planned renovation works

6. Foreign Investment: Additional provisions if the purchaser is a foreign national or entity

7. Bank Financing: Specific provisions relating to purchaser's financing arrangements

8. Property Access: Terms for property inspection and access before completion

What schedules should be included in a Provisional Agreement For Sale And Purchase?

1. Property Details: Comprehensive description of the property including lot number, title details, and exact measurements

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

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

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

5. Outstanding Charges: List of any existing encumbrances, charges, or caveats

6. Completion Documents: List of documents required for completion

7. Property Condition Report: Current condition of the property and any defects

8. Relevant Permits: Copies of relevant permits, certificates, and approvals

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

Sale Agreement

Cost

Free to use
Relevant Industries

Real Estate

Property Development

Banking and Finance

Legal Services

Construction

Retail

Hospitality

Commercial Property

Residential Property

Industrial Property

Relevant Teams

Legal

Real Estate

Compliance

Sales

Business Development

Property Management

Corporate Affairs

Finance

Investment

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Executive

Property Manager

Legal Counsel

Compliance Officer

Bank Manager

Property Developer

Sales Director

Business Development Manager

Corporate Lawyer

Transaction Manager

Real Estate Investment Manager

Asset Manager

Company Secretary

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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