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Real Estate Loan Agreement for Indonesia

Real Estate Loan Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that establishes the terms and conditions for a property-backed loan between a financial institution and a borrower. The agreement complies with Indonesian banking regulations, property laws, and the Civil Code, incorporating specific requirements for property collateral (Hak Tanggungan), consumer protection under OJK guidelines, and mandatory notarization requirements. It details loan terms, security arrangements, repayment schedules, borrower obligations, and enforcement mechanisms, while ensuring compliance with Bank Indonesia's lending regulations and property registration requirements.

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What is a Real Estate Loan Agreement?

The Real Estate Loan Agreement is a fundamental document in Indonesian property financing, used when a financial institution provides funding for property purchase, development, or refinancing. It must comply with multiple regulatory frameworks including the Indonesian Civil Code, Banking Law, and property regulations. The document is essential for securing the lender's interests through property collateral (Hak Tanggungan) while protecting borrower rights under OJK regulations. It includes comprehensive provisions for loan disbursement, repayment terms, property maintenance requirements, default scenarios, and enforcement mechanisms. The agreement requires notarization and registration with relevant authorities, making it a crucial instrument for both commercial and residential property financing in Indonesia.

What sections should be included in a Real Estate Loan Agreement?

1. Parties: Identification of the lender (bank/financial institution) and borrower, including complete legal names, addresses, and registration details

2. Background: Context of the loan agreement, purpose of the loan, and brief description of the property being financed

3. Definitions: Definitions of key terms used throughout the agreement, including financial terms, property-related terms, and legal concepts

4. Loan Details: Specific details of the loan including principal amount, interest rate, term, and purpose

5. Disbursement Terms: Conditions precedent for disbursement and the mechanism for releasing loan funds

6. Repayment Terms: Payment schedule, method of payment, prepayment provisions, and late payment consequences

7. Security and Collateral: Details of the property being used as collateral, including its legal description and the mortgage arrangement (Hak Tanggungan)

8. Representations and Warranties: Statements of fact and assurances from the borrower regarding their legal capacity, property ownership, and financial condition

9. Covenants: Ongoing obligations of the borrower including property maintenance, insurance, and financial reporting requirements

10. Events of Default: Circumstances constituting default and their consequences

11. Enforcement Rights: Lender's rights and remedies in case of default, including property foreclosure procedures

12. Costs and Taxes: Allocation of transaction costs, taxes, and ongoing expenses

13. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes

14. Notices: Process and requirements for formal communications between parties

15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

What sections are optional to include in a Real Estate Loan Agreement?

1. Guarantor Provisions: Required when there is a third-party guarantor for the loan

2. Construction Provisions: Needed when the loan is partly for construction or renovation of the property

3. Multiple Property Provisions: Required when multiple properties are used as collateral

4. Foreign Currency Provisions: Necessary when the loan is denominated in a currency other than Indonesian Rupiah

5. Insurance Requirements: Detailed insurance requirements beyond standard coverage

6. Environmental Compliance: Required for commercial properties or when environmental risks are identified

What schedules should be included in a Real Estate Loan Agreement?

1. Property Details: Legal description of the property, including certificates and registration details

2. Payment Schedule: Detailed amortization schedule showing principal and interest payments

3. Insurance Requirements: Specific insurance types and coverage amounts required

4. Form of Disbursement Request: Template for requesting loan disbursements

5. Required Documents: List of documents required for loan processing and disbursement

6. Property Valuation Report: Summary of the professional valuation of the property

7. Conditions Precedent Checklist: List of conditions to be satisfied before loan disbursement

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

Indonesia

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions













































Clauses


































Relevant Industries

Banking and Financial Services

Real Estate

Property Development

Construction

Housing Finance

Commercial Property

Residential Property

Legal Services

Insurance

Property Investment

Relevant Teams

Legal

Credit and Risk

Compliance

Real Estate

Property Management

Finance

Operations

Corporate Banking

Retail Banking

Documentation

Loan Administration

Property Valuation

Relevant Roles

Legal Counsel

Banking Officer

Loan Officer

Credit Analyst

Real Estate Manager

Property Developer

Compliance Officer

Risk Manager

Financial Controller

Branch Manager

Mortgage Specialist

Property Valuation Specialist

Notary Public

Real Estate Attorney

Banking Relationship Manager

Industries








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