The Real Estate Loan Agreement is a fundamental document in Malaysian property financing transactions, used when a borrower seeks funding from a financial institution to purchase or refinance real estate. This agreement is essential for both residential and commercial property transactions in Malaysia, operating within the framework of the Financial Services Act 2013, National Land Code 1965, and related banking regulations. It serves to protect the interests of both the lender and borrower by clearly defining the loan terms, security arrangements, obligations, and remedies available to parties. The document must comply with Malaysian banking regulations and, where applicable, Islamic banking principles under the Islamic Financial Services Act 2013. It includes provisions for property charges, insurance requirements, and various conditions precedent that must be satisfied before loan disbursement.
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1. Parties: Identification of the Lender and Borrower with complete details
2. Background: Context of the loan application and purpose
3. Definitions: Defined terms used throughout the agreement
4. Facility Amount and Purpose: Details of the loan amount, purpose, and drawdown conditions
5. Interest Rate and Payments: Interest rate specifications, payment schedule, and calculation method
6. Security: Details of the property being charged and other security arrangements
7. Conditions Precedent: Conditions that must be fulfilled before loan disbursement
8. Representations and Warranties: Borrower's declarations regarding their legal and financial status
9. Covenants: Positive and negative obligations of the Borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Remedies: Lender's rights and remedies upon default
12. Insurance: Required insurance coverage for the property
13. Costs and Expenses: Allocation of legal fees, stamp duty, and other costs
14. Notices: Communication procedures between parties
15. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Islamic Banking Provisions: Required if the loan follows Shariah principles, including specific Islamic financing structures
2. Guarantor Provisions: Required if there are third-party guarantors for the loan
3. Construction Terms: Required for properties under construction, including stage payment terms
4. Developer's Undertaking: Required when the property is under development and involves a developer
5. Foreign Investment Provisions: Required for foreign borrowers, including compliance with foreign investment regulations
6. Supplemental Security: Required when additional collateral besides the property is provided
7. Special Payment Terms: Required for non-standard payment arrangements or restructuring provisions
1. Property Details: Detailed description of the property including title particulars
2. Payment Schedule: Detailed breakdown of payment dates, amounts, and interest calculations
3. Conditions Precedent Documents: List of required documents and conditions for loan disbursement
4. Drawdown Schedule: For progressive disbursements, timing and conditions for each drawdown
5. Standard Terms and Conditions: Bank's standard terms and conditions for real estate loans
6. Insurance Requirements: Detailed specifications for required insurance coverage
7. Form of Notices: Template forms for various notices under the agreement
8. Security Documents: List and copies of all security documents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Construction
Property Development
Legal Services
Insurance
Property Investment
Commercial Property
Residential Property
Islamic Banking
Relevant Teams
Legal
Credit
Risk Management
Compliance
Real Estate
Property Management
Islamic Banking
Loan Operations
Documentation
Corporate Banking
Retail Banking
Mortgage Services
Relevant Roles
Legal Counsel
Loan Officer
Credit Manager
Real Estate Manager
Compliance Officer
Risk Manager
Property Manager
Banking Executive
Finance Director
Property Developer
Mortgage Specialist
Islamic Banking Officer
Legal Documentation Specialist
Real Estate Agent
Financial Advisor
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