The Unit Purchase Agreement serves as the primary legal document for property transactions in Malaysian development projects, whether residential or commercial. This agreement is essential when a developer sells individual units within a development project to purchasers, and must comply with the Housing Development (Control and Licensing) Act 1966 and related regulations. The document typically includes comprehensive details about the property, payment terms, construction specifications, completion timelines, and various obligations of both parties. It provides legal protection for both the developer and purchaser while ensuring adherence to Malaysian property laws and regulations. The agreement becomes particularly important in pre-completion purchases, where units are bought during the construction phase, and includes provisions for progressive payments, defect liability, and property maintenance.
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1. Parties: Identification of the Developer/Vendor and the Purchaser with complete details
2. Background: Recitals explaining the development project, property details, and context of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the unit being purchased, including lot number, floor area, and location
5. Purchase Price: Statement of the purchase price and payment terms
6. Payment Schedule: Breakdown of installment payments and their corresponding timelines
7. Construction and Completion: Terms regarding construction quality, completion timeline, and delivery of vacant possession
8. Defect Liability: Developer's obligations regarding defect rectification and warranty period
9. Title and Transfer: Provisions regarding issuance and transfer of individual title
10. Maintenance and Management: Terms regarding maintenance fees, sinking fund, and property management
11. Termination: Circumstances and procedures for termination of the agreement
12. Notices: Methods and addresses for serving notices between parties
13. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Loan Financing: Additional terms when purchaser requires bank financing - include if purchaser is taking a loan
2. Car Park: Terms regarding allocated parking spaces - include if parking is separately assigned
3. Modifications: Terms regarding permitted unit modifications - include if modifications are allowed
4. Special Privileges: Any special facilities or privileges granted to the purchaser - include if applicable
5. Assignment: Rights and procedures for assignment of the agreement - include if assignment is permitted
6. Property Management Corporation: Specific terms regarding management corporation - include for stratified properties
7. Utilities and Infrastructure: Specific provisions regarding utility connections and infrastructure - include if relevant to the development
1. Schedule 1 - Property Details: Detailed technical description of the unit, including floor plan and specifications
2. Schedule 2 - Payment Schedule: Detailed breakdown of progressive payment stages and amounts
3. Schedule 3 - Specifications: Building specifications, materials, and finishes
4. Schedule 4 - Common Facilities: List and description of common facilities and amenities
5. Schedule 5 - Layout Plan: Unit floor plan and location plan within the development
6. Schedule 6 - Special Terms: Any special terms or conditions specific to the purchase
7. Appendix A - Developer's License: Copy of developer's license and permit
8. Appendix B - Land Title: Copy of master title or strata title details
Relevant legal definitions
Agreement
Building
Certificate of Completion and Compliance
Common Property
Defect Liability Period
Developer
Development
Development Order
Housing Developer License
Land
Maintenance Charges
Material Date
Parcel
Payment Schedule
Purchase Price
Purchaser
Separate Title
Specifications
Strata Title
Unit
Vacant Possession
Building Plans
Completion Date
Construction Period
Deed of Mutual Covenants
Floor Area
Interest Rate
Layout Plan
Local Authority
Management Corporation
Property
Schedule of Parcels
Service Charges
Sinking Fund
Solicitors
Working Day
Building
Certificate of Completion and Compliance
Common Property
Defect Liability Period
Developer
Development
Development Order
Housing Developer License
Land
Maintenance Charges
Material Date
Parcel
Payment Schedule
Purchase Price
Purchaser
Separate Title
Specifications
Strata Title
Unit
Vacant Possession
Building Plans
Completion Date
Construction Period
Deed of Mutual Covenants
Floor Area
Interest Rate
Layout Plan
Local Authority
Management Corporation
Property
Schedule of Parcels
Service Charges
Sinking Fund
Solicitors
Working Day
Clauses
Property Description
Purchase Price
Payment Terms
Completion Date
Vacant Possession
Construction Quality
Defect Liability
Title Transfer
Property Maintenance
Common Property
Force Majeure
Default
Termination
Assignment
Representations and Warranties
Insurance
Utilities
Notice
Dispute Resolution
Governing Law
Time Essence
Severability
Variation
Stamp Duty
Land Title
Development Order
Building Plans
Compliance
Access Rights
Indemnification
Purchase Price
Payment Terms
Completion Date
Vacant Possession
Construction Quality
Defect Liability
Title Transfer
Property Maintenance
Common Property
Force Majeure
Default
Termination
Assignment
Representations and Warranties
Insurance
Utilities
Notice
Dispute Resolution
Governing Law
Time Essence
Severability
Variation
Stamp Duty
Land Title
Development Order
Building Plans
Compliance
Access Rights
Indemnification
Relevant Industries
Real Estate
Property Development
Construction
Banking & Finance
Legal Services
Housing Development
Property Management
Relevant Teams
Legal
Real Estate
Sales
Compliance
Property Management
Project Development
Customer Relations
Finance
Risk Management
Operations
Relevant Roles
Property Developer
Real Estate Manager
Legal Counsel
Compliance Officer
Sales Director
Project Manager
Property Manager
Contract Administrator
Development Manager
Sales Manager
Legal Manager
Risk Manager
Company Secretary
Financial Controller
Customer Service Manager
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