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Home Equity Agreement
I need a home equity agreement that outlines the terms for accessing the equity in my property, including the percentage of equity to be accessed, repayment terms, and any associated fees or interest rates. The agreement should comply with Malaysian property and financial regulations and include provisions for early repayment or changes in property value.
What is a Home Equity Agreement?
A Home Equity Agreement lets Malaysian homeowners tap into their property's value without taking on debt. Unlike a traditional loan, this contract gives investors a share of your home's future value in exchange for immediate cash - typically 10% to 30% of your current home equity.
Under Malaysian financial regulations, these agreements offer a Shariah-compliant alternative to conventional mortgages. You keep living in your home and maintain full ownership, while sharing only the agreed percentage of value changes when you sell or the contract term ends, usually within 10 years. The investor takes on both the potential gains and losses in your property's market value.
When should you use a Home Equity Agreement?
Consider a Home Equity Agreement when you need significant cash but want to avoid monthly loan payments or interest charges. This option works especially well for Malaysian homeowners facing major expenses like funding a child's education, starting a business, or covering unexpected medical costs.
It's particularly valuable if you're retired with limited income but substantial home equity, or if conventional financing isn't ideal due to Shariah compliance needs. The agreement also makes sense when you're confident about your property's long-term value but need immediate access to capital without increasing your debt burden under Bank Negara Malaysia's lending guidelines.
What are the different types of Home Equity Agreement?
- Fixed-Term Agreements: Set a specific exit date (usually 10 years) when you must sell or buy out the investor's share
- Open-Term Agreements: Allow more flexibility on timing but may include periodic review clauses
- Full-Property Agreements: Calculate returns based on the entire property value
- Partial-Property Agreements: Only consider specific portions of the property when calculating returns
- Shariah-Compliant Agreements: Structured specifically to meet Islamic finance principles under Malaysian law
Who should typically use a Home Equity Agreement?
- Property Owners: Homeowners with significant equity who need access to capital without taking on traditional debt
- Investment Companies: Licensed Malaysian firms that provide funding in exchange for future home value appreciation
- Legal Advisors: Lawyers who structure and review agreements to ensure compliance with Malaysian property and financial laws
- Property Valuers: Licensed professionals who assess the property's current and potential future value
- Islamic Finance Advisors: Specialists who ensure agreements meet Shariah compliance requirements for Muslim homeowners
How do you write a Home Equity Agreement?
- Property Documentation: Gather current title deed, land office records, and recent property valuation reports
- Financial Records: Compile proof of ownership, existing mortgages, and any liens against the property
- Investment Terms: Define the percentage of equity being sold and investment duration
- Property Maintenance: Document current condition and outline maintenance responsibilities
- Exit Strategy: Specify conditions for sale, buyout options, and default remedies
- Compliance Check: Ensure agreement aligns with Bank Negara Malaysia guidelines and Shariah principles if applicable
What should be included in a Home Equity Agreement?
- Party Details: Full legal names, addresses, and identification numbers of homeowner and investor
- Property Description: Complete legal description, title details, and current market valuation
- Investment Terms: Percentage of equity sold, investment amount, and duration of agreement
- Payment Structure: Initial disbursement details and future value sharing calculations
- Maintenance Obligations: Property upkeep responsibilities and insurance requirements
- Exit Mechanisms: Sale procedures, buyout options, and default remedies
- Governing Law: Malaysian jurisdiction and applicable Shariah compliance clauses
What's the difference between a Home Equity Agreement and an Equity Agreement?
A Home Equity Agreement differs significantly from an Equity Agreement in both purpose and structure. While both involve sharing ownership value, they operate in fundamentally different contexts under Malaysian law.
- Asset Type: Home Equity Agreements specifically deal with residential property value sharing, while Equity Agreements typically involve business ownership stakes
- Payment Structure: Home Equity Agreements provide immediate cash against future property value, whereas Equity Agreements usually involve ongoing profit sharing
- Duration: Home Equity Agreements commonly have fixed terms (5-10 years), while Equity Agreements often remain in place indefinitely
- Regulatory Framework: Home Equity Agreements fall under property and consumer protection laws, while Equity Agreements are governed by corporate and securities regulations
- Exit Mechanisms: Home Equity Agreements typically end through property sale or buyout, whereas Equity Agreements may involve complex corporate exit strategies
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