The Home Equity Agreement serves as a crucial legal instrument in the Malaysian property market, enabling homeowners to access their property's equity without traditional debt financing. This document is typically used when property owners seek to unlock the value of their real estate while retaining occupancy rights, and investors look for real estate investment opportunities. The agreement details the equity sharing structure, valuation mechanisms, rights and obligations of both parties, and exit provisions, all within the framework of Malaysian property and financial services laws. It includes specific provisions for compliance with local regulations, including the National Land Code 1965 and Financial Services Act 2013, making it suitable for both residential property transactions and investment portfolios.
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1. Parties: Identification of the homeowner and the investing entity, including full legal names and details
2. Background: Context of the agreement, including property ownership status and purpose of the equity sharing arrangement
3. Definitions: Key terms used throughout the agreement, including technical and financial terms
4. Property Details: Comprehensive description of the subject property, including legal title details
5. Investment Terms: Core terms of the equity sharing arrangement, including investment amount and equity percentage
6. Valuation: Methodology and process for initial and subsequent property valuations
7. Representations and Warranties: Statements of fact and promises by both parties regarding their capacity and the property
8. Covenants: Ongoing obligations of both parties during the agreement term
9. Term and Termination: Duration of the agreement and circumstances for early termination
10. Exit Mechanisms: Procedures for ending the agreement, including sale or buyout options
11. Dispute Resolution: Process for resolving disagreements between parties
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Insurance Requirements: Detailed insurance obligations when specific coverage is required beyond standard property insurance
2. Property Maintenance Standards: Specific maintenance requirements when property condition is a particular concern
3. Third Party Rights: Required when other parties have interests in the property or agreement
4. Special Conditions: For unique circumstances or requirements specific to the property or parties
5. Islamic Finance Compliance: Required when the agreement needs to comply with Shariah principles
6. Property Development Rights: When future development or renovation rights need to be addressed
1. Property Description Schedule: Detailed legal description of the property including title details
2. Investment Terms Schedule: Detailed financial terms, calculations, and payment arrangements
3. Valuation Methodology Schedule: Specific procedures and requirements for property valuation
4. Permitted Use Schedule: Detailed requirements regarding property use and maintenance
5. Required Insurance Schedule: Specific insurance requirements and minimum coverage amounts
6. Form of Notices: Template forms for various notices required under the agreement
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