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Apartment Sale Agreement for Malaysia

Apartment Sale Agreement Template for Malaysia

A legally binding agreement governed by Malaysian law that facilitates the sale and purchase of an apartment or condominium unit. This document sets out the terms and conditions of the property transfer, including purchase price, payment terms, completion requirements, and obligations of both parties. It complies with Malaysian property laws, including the National Land Code 1965 and Strata Titles Act 1985, and includes provisions for strata ownership, management fees, and specific requirements for property transfer in Malaysia.

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Apartment Sale Agreement

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What is a Apartment Sale Agreement?

The Apartment Sale Agreement is a crucial legal document used in Malaysian property transactions for the transfer of ownership of strata-titled properties. This agreement is essential when selling or purchasing apartments, condominiums, or other stratified properties in Malaysia. The document must comply with various Malaysian regulations, including the Housing Development (Control and Licensing) Act 1966, Strata Titles Act 1985, and National Land Code 1965. It contains detailed provisions about the property, payment terms, completion requirements, and obligations of both parties, while also addressing specific requirements for strata properties such as management fees and shared facilities.

What sections should be included in a Apartment Sale Agreement?

1. Parties: Identification of the Vendor and Purchaser with full names, identification numbers, and addresses

2. Background: Brief context of the transaction and property ownership status

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the apartment including lot number, floor area, and strata title details

5. Purchase Price: Agreed purchase price and payment schedule in accordance with Malaysian regulations

6. Payment Terms: Detailed payment structure including deposits, progressive payments, and completion payments

7. Completion: Conditions for completion of sale and transfer of ownership

8. Vendor's Obligations: Responsibilities of the vendor including delivery of vacant possession and documentation

9. Purchaser's Obligations: Responsibilities of the purchaser including payment and compliance with terms

10. Title and Transfer: Provisions regarding transfer of title and registration requirements

11. Representations and Warranties: Standard warranties about property ownership, condition, and authority to sell

12. Default: Consequences of default by either party and remedies available

13. Notices: Process for serving notices between parties

14. Governing Law: Specification of Malaysian law as governing law and jurisdiction

15. Execution: Signature blocks and attestation requirements

What sections are optional to include in a Apartment Sale Agreement?

1. Foreign Ownership: Required when purchaser is non-Malaysian, including approval requirements and restrictions

2. Bank Financing: Include when purchaser is obtaining bank financing, with relevant terms and conditions

3. Power of Attorney: Required when either party is acting through an appointed representative

4. Strata Management: Additional terms regarding management fees and sinking fund if not covered in standard terms

5. Renovation Works: Include if specific renovation terms or restrictions need to be addressed

6. Defect Liability: For new properties, detailed terms about defect liability period and remedies

7. GST/Tax Provisions: Specific tax-related provisions if applicable to the transaction

What schedules should be included in a Apartment Sale Agreement?

1. Property Schedule: Detailed description of property including floor plan and specifications

2. Payment Schedule: Detailed breakdown of payment stages and amounts

3. Inventory List: List of fixtures, fittings, and furnishings included in the sale

4. Title Particulars: Copy of relevant title details and encumbrances

5. Approved Plans: Architectural plans and approvals

6. Strata By-Laws: Copy of applicable strata by-laws and regulations

7. Completion Documents: List of documents required for completion

8. Special Conditions: Any special terms or conditions specific to the transaction

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

Malaysia

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions



























Clauses


























Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Development

Construction

Property Management

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Sales

Compliance

Documentation

Business Development

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Executive

Property Developer

Bank Officer

Legal Associate

Property Manager

Sales Director

Compliance Officer

Transaction Manager

Real Estate Partner

Property Consultant

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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