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Commercial Property Sale Contract for Malaysia

Commercial Property Sale Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that facilitates the sale and purchase of commercial property. This document establishes the terms and conditions of the property transfer, including purchase price, payment terms, warranties, and completion requirements, while ensuring compliance with the National Land Code 1965 and other relevant Malaysian legislation. It incorporates necessary provisions for commercial property transactions, including title transfer procedures, vacant possession requirements, and specific considerations for business premises under Malaysian jurisdiction.

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Commercial Property Sale Contract

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What is a Commercial Property Sale Contract?

The Commercial Property Sale Contract is a crucial legal document used in Malaysian property transactions for the transfer of commercial real estate between parties. It is essential when any business entity or individual wishes to purchase or sell commercial property in Malaysia, whether it be office space, retail units, industrial facilities, or other business premises. The document must comply with Malaysian legal requirements, particularly the National Land Code 1965, Contracts Act 1950, and relevant property laws. It includes comprehensive details about the property, parties involved, purchase price, payment terms, conditions precedent, warranties, and completion procedures. This contract type is particularly important as it needs to address specific commercial considerations such as existing tenancies, business licenses, and zoning requirements while ensuring proper transfer of title and registration with relevant Malaysian authorities.

What sections should be included in a Commercial Property Sale Contract?

1. Parties: Identification of the Vendor and Purchaser with full details as required under Malaysian law

2. Background: Recitals explaining the context of the sale and basic details of the property

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

4. Property Details: Comprehensive description of the property including title details, land area, and boundaries as per National Land Code requirements

5. Purchase Price: Statement of the purchase price and payment terms including deposit and completion payment details

6. Conditions Precedent: Essential conditions that must be fulfilled before completion can occur

7. Vendor's Warranties: Warranties regarding title, property condition, and absence of encumbrances

8. Completion: Details of the completion process, timing, and requirements

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

10. Vacant Possession: Terms for delivering vacant possession of the property

11. Default Provisions: Consequences and remedies in case of default by either party

12. Notices: Requirements for serving notices under the agreement

13. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction clauses

What sections are optional to include in a Commercial Property Sale Contract?

1. Tenancies: Required if the property is sold subject to existing tenancies

2. Environmental Matters: Needed for properties with potential environmental concerns or compliance requirements

3. Planning Permissions: Required for properties needing specific planning or zoning considerations

4. Service Contracts: Needed if there are ongoing service contracts to be transferred

5. Strata Title Provisions: Required for stratified properties

6. GST Provisions: Required if the transaction is subject to GST

7. Foreign Investment Approval: Required if the purchaser is a foreign entity

What schedules should be included in a Commercial Property Sale Contract?

1. Property Schedule: Detailed property description, including land title particulars, boundaries, and area

2. Inventory Schedule: List of fixtures, fittings, and equipment included in the sale

3. Payment Schedule: Detailed breakdown of payment terms and installments

4. Title Documents: Copies of relevant title documents and land office records

5. Existing Tenancies: Details of any existing tenancy agreements affecting the property

6. Property Certificates: Copies of relevant certificates including CCC, fire safety certificates

7. Due Diligence Results: Summary of due diligence findings and outstanding matters

8. Form 14A: Statutory transfer form under the National Land Code

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

Sale Agreement

Cost

Free to use
Relevant legal definitions

























Clauses



































Relevant Industries

Real Estate

Commercial Property

Retail

Industrial

Manufacturing

Hospitality

Healthcare

Education

Banking and Finance

Legal Services

Construction

Logistics

Office Space Management

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Facilities Management

Business Development

Corporate Affairs

Property Management

Asset Management

Investment

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Real Estate Manager

Property Manager

Legal Counsel

Corporate Lawyer

Commercial Director

Business Development Manager

Facilities Manager

Asset Manager

Investment Manager

Property Developer

Real Estate Agent

Compliance Officer

Risk Manager

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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