The Apartment Sales Contract is a crucial legal document used in Indonesian property transactions for the transfer of apartment ownership. This contract type is specifically designed to comply with Indonesian property law, particularly Law No. 20 of 2011 on Apartments (UU Rumah Susun) and the Indonesian Civil Code. It is used when transferring ownership of an apartment unit from seller to buyer, whether the seller is a developer selling a new unit or an individual/entity selling a previously owned apartment. The document includes essential elements such as property details, payment terms, warranties, and specific provisions regarding shared facilities and common areas. It also addresses unique aspects of Indonesian property law, such as strata title requirements and building management obligations.
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1. Parties: Identification and details of the Seller and Buyer, including their legal capacity to enter into the agreement
2. Background: Context of the transaction, including brief description of the property and intention to sell/purchase
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Object of Sale: Detailed description of the apartment unit, including unit number, floor, building name, and certificate details
5. Purchase Price: Agreed purchase price, payment schedule, and payment methods
6. Terms of Payment: Detailed payment structure, installments, and consequences of payment default
7. Representations and Warranties: Seller's guarantees regarding ownership, property condition, and legal status
8. Rights and Obligations: Detailed responsibilities of both parties before, during, and after the transaction
9. Property Handover: Conditions and process for transferring possession of the apartment
10. Title Transfer: Process and requirements for legal transfer of ownership
11. Common Areas and Facilities: Rights and obligations regarding shared facilities and common areas
12. Taxes and Costs: Allocation of transaction costs, taxes, and fees between parties
13. Default and Termination: Consequences of breach and conditions for contract termination
14. Dispute Resolution: Procedures for handling disputes, including choice of forum and applicable law
15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
16. Notices: Methods and addresses for official communications between parties
17. Governing Law: Specification of Indonesian law as the governing law
18. Execution: Signature requirements and execution formalities
1. Mortgage Arrangements: Include when buyer is using bank financing, detailing mortgage terms and conditions
2. Renovation Agreement: Include when specific renovations are agreed to be completed before or after sale
3. Property Management: Include when specific arrangements regarding building management need to be detailed
4. Parking Rights: Include when parking spaces are part of the sale
5. Storage Units: Include when additional storage units are included in the sale
6. Furniture and Fixtures: Include when the sale includes specific furniture or fixed installations
7. Insurance: Include when specific insurance arrangements need to be maintained
8. Third Party Rights: Include when there are existing tenants or other third-party interests
9. Environmental Conditions: Include when there are specific environmental concerns or requirements
1. Property Details: Detailed technical specifications of the apartment unit, including floor plans and measurements
2. Payment Schedule: Detailed breakdown of payment installments and due dates
3. Property Certificates: Copies of relevant property certificates and permits
4. Building Specifications: Technical details of building construction and materials
5. Inventory List: List of included furniture, fixtures, and equipment (if applicable)
6. Building Rules: Copy of building regulations and resident guidelines
7. Maintenance Agreements: Details of ongoing maintenance obligations and costs
8. Property Photos: Photographic documentation of the apartment condition
9. Due Diligence Reports: Results of any property inspections or assessments
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