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Owner Finance Contract for Malaysia

Owner Finance Contract Template for Malaysia

An Owner Finance Contract under Malaysian law is a specialized agreement that combines elements of both a property sale and financing arrangement, where the property owner acts as the financier for the purchaser. This document is structured to comply with Malaysian property law, particularly the National Land Code 1965 and the Contracts Act 1950, while incorporating necessary financial terms and security arrangements. The agreement details the purchase price, payment terms, interest rates, security provisions, and conditions for title transfer, ensuring protection for both the owner-financier and the purchaser-borrower throughout the financing period.

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What is a Owner Finance Contract?

The Owner Finance Contract is utilized in Malaysia when traditional bank financing is not the preferred or available option for property purchase. This arrangement allows property owners to sell their property while acting as the financier, creating a direct financial relationship with the purchaser. The document must comply with Malaysian property and contract laws, including the National Land Code 1965, Contracts Act 1950, and relevant financial regulations. It typically includes comprehensive terms covering property details, purchase price, financing terms, security arrangements, maintenance responsibilities, and default provisions. This type of contract is particularly useful in situations where buyers may not qualify for traditional bank loans or when sellers prefer to earn interest income while selling their property.

What sections should be included in a Owner Finance Contract?

1. Parties: Identification of the Owner-Financier and the Purchaser-Borrower with complete details

2. Background: Context of the transaction, including property ownership status and intention to enter owner-financing arrangement

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

4. Property Details: Complete description of the property including title details, location, and specifications

5. Purchase Price and Payment Terms: Total purchase price, down payment, loan amount, interest rate, and payment schedule

6. Security Arrangements: Details of the security interest retained by the owner including charge/lien on the property

7. Transfer of Title: Conditions and process for eventual transfer of property title upon full payment

8. Insurance Requirements: Mandatory insurance coverage for the property and payment protection

9. Maintenance and Repairs: Responsibilities for property maintenance during the financing period

10. Default and Remedies: Consequences of default and available remedies for both parties

11. Property Use and Restrictions: Permitted and restricted uses of the property during the financing period

12. Taxes and Assessments: Responsibility for property taxes and other assessments

13. Representations and Warranties: Standard representations and warranties from both parties

14. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes

15. Notices: Process and addresses for formal communications between parties

What sections are optional to include in a Owner Finance Contract?

1. Early Payment Provisions: Terms for early repayment of the loan, including any penalties or incentives

2. Property Management: Required for properties in managed communities or condominiums

3. Renovation and Improvements: Terms regarding property modifications during the financing period

4. Assignment and Transfer: Rights and restrictions regarding transfer of contract rights

5. Death or Incapacity: Provisions for succession in case of death or incapacity of either party

6. Environmental Matters: Required for properties with potential environmental concerns

7. Rental Restrictions: If the property can or cannot be rented out during the financing period

8. Business Use: Required if property may be used for business purposes

What schedules should be included in a Owner Finance Contract?

1. Schedule A - Property Description: Detailed legal description of the property including boundaries and title details

2. Schedule B - Payment Schedule: Detailed amortization schedule showing all payments, interest, and principal

3. Schedule C - Property Condition Report: Documentation of property condition at time of agreement

4. Schedule D - Insurance Requirements: Detailed specifications for required insurance coverage

5. Schedule E - Permitted Modifications: List of pre-approved property modifications if applicable

6. Appendix 1 - Property Title Documents: Copies of relevant title documents and searches

7. Appendix 2 - Property Valuation Report: Independent valuation of 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

Malaysia

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions






























Clauses

























Relevant Industries

Real Estate

Property Development

Financial Services

Legal Services

Insurance

Construction

Housing Development

Property Management

Banking

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Sales

Property Management

Contract Administration

Corporate Affairs

Document Management

Relevant Roles

Property Lawyer

Real Estate Manager

Finance Director

Property Developer

Legal Counsel

Contract Administrator

Real Estate Agent

Property Valuer

Compliance Officer

Risk Manager

Property Portfolio Manager

Conveyancing Executive

Financial Controller

Sales Director

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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