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Seller Financing Contract for Malta

Seller Financing Contract Template for Malta

A Seller Financing Contract under Maltese law is a comprehensive legal agreement that combines elements of both a property sale and a financing arrangement. This document, governed by Maltese law and compliant with EU regulations, enables property sellers to act as lenders, providing direct financing to buyers who may not qualify for or prefer not to use traditional bank financing. The agreement details the property transfer, purchase price, loan terms, security arrangements, and ongoing obligations of both parties. It must comply with Malta's Civil Code, financial services regulations, and property laws, including specific requirements for property transfers and security interests registration.

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What is a Seller Financing Contract?

The Seller Financing Contract is utilized when a property seller in Malta agrees to provide direct financing to the buyer, effectively acting as both the property vendor and the lender. This arrangement is particularly valuable when traditional bank financing is either unavailable or less advantageous to the parties involved. The document must comply with Maltese law, including the Civil Code (Chapter 16) and various financial services regulations, while incorporating necessary protections for both parties. The contract includes detailed provisions for the property transfer, financing terms, security arrangements, payment schedules, and default remedies. As a Seller Financing Contract, it requires careful structuring to ensure enforceability under Maltese law and proper registration with relevant authorities, including the Public Registry and Land Registry. This type of agreement is commonly used in both residential and commercial property transactions, particularly in situations where flexible financing terms are desired or when buyers seek alternative financing options.

What sections should be included in a Seller Financing Contract?

1. Parties: Identification of the Seller/Financier and Buyer/Borrower with full legal names and addresses

2. Background: Context of the transaction, including brief property description and parties' intention to enter into a seller financing arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Purchase Price, Loan Amount, Interest Rate, etc.

4. Sale Agreement: Details of the property sale, including property description, purchase price, and transfer terms

5. Financing Terms: Loan amount, interest rate, payment schedule, and term of the loan

6. Security Arrangements: Details of the legal charge/hypothec over the property and any other security interests

7. Payment Terms: Detailed payment obligations, including down payment, monthly payments, and final balloon payment if applicable

8. Default and Remedies: Events of default and the seller's remedies, including foreclosure rights

9. Insurance and Maintenance: Buyer's obligations regarding property insurance and maintenance

10. Transfer Restrictions: Limitations on the buyer's right to sell or transfer the property while the loan is outstanding

11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority

12. Costs and Taxes: Allocation of transaction costs, stamp duty, and ongoing property taxes

13. Notices: Process for formal communications between parties

14. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Seller Financing Contract?

1. Guarantees: Required when there is a third-party guarantor for the buyer's obligations

2. Early Repayment: Include when early repayment options are permitted, specifying any penalties or conditions

3. Property Management: Include when specific property management requirements are imposed on the buyer

4. Insurance Trustee: Required when an insurance trustee is appointed to manage insurance proceeds

5. Co-ownership Provisions: Include when multiple buyers are involved or for shared ownership arrangements

6. Development Restrictions: Include when there are limitations on property development or alterations

7. External Financing: Include when the buyer is permitted to seek additional financing with restrictions

What schedules should be included in a Seller Financing Contract?

1. Property Description: Detailed legal description of the property, including boundaries and registered title details

2. Payment Schedule: Amortization table showing all required payments, dates, and allocation between principal and interest

3. Property Condition Report: Detailed description of the property's condition at the time of sale

4. Insurance Requirements: Specific insurance coverage requirements and minimum coverage amounts

5. Permitted Uses: Detailed list of permitted and prohibited uses of the property

6. Form of Legal Charge: Template for the legal charge/hypothec to be registered

7. Required Maintenance Standards: Specific maintenance and upkeep requirements for the property

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

Malta

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses




































Relevant Industries

Real Estate

Banking & Finance

Property Development

Construction

Legal Services

Insurance

Property Management

Investment & Asset Management

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Property Management

Investment

Commercial Operations

Business Development

Corporate Services

Relevant Roles

Real Estate Attorney

Property Lawyer

Notary Public

Real Estate Agent

Property Developer

Financial Manager

Legal Counsel

Compliance Officer

Property Manager

Investment Manager

Real Estate Investment Director

Contract Manager

Risk Manager

Commercial Director

Chief Financial Officer

Property Valuation Specialist

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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