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Real Estate Purchase Agreement
I need a real estate purchase agreement for a residential property in Jakarta, including clauses for a 10% down payment, a 30-day closing period, and contingencies for financing and property inspection. The agreement should also outline the responsibilities for property taxes and maintenance until the transfer of ownership is complete.
What is a Real Estate Purchase Agreement?
A Real Estate Purchase Agreement spells out the complete terms and conditions when you're buying or selling property in Indonesia. This legally binding contract covers the agreed sale price, payment terms, and details about the property being transferred - from land certificates to building permits under Indonesian property law.
The agreement protects both buyer and seller by documenting important deadlines, contingencies like property inspections, and each party's rights and obligations. It must follow strict requirements from Indonesia's Civil Code (KUHPerdata) and Ministry of Agrarian Affairs regulations, especially regarding property ownership restrictions and mandatory notarial deed requirements for land transfers.
When should you use a Real Estate Purchase Agreement?
Use a Real Estate Purchase Agreement any time you're buying or selling property in Indonesia - from vacant land to apartments, houses, or commercial buildings. This document becomes essential right after you and the other party reach a verbal agreement but before any money changes hands.
Indonesian law requires this formal agreement for all property transactions valued over Rp 10 million. You need it to protect your interests during the sale process, secure financing from banks, and complete the mandatory notarial deed transfer. Having this agreement in place helps prevent disputes and ensures compliance with local property regulations.
What are the different types of Real Estate Purchase Agreement?
- Residential Real Estate Purchase Agreement: Tailored for buying/selling homes, with specific clauses for residential property and occupancy requirements
- Land Purchase Contract: Focused on undeveloped land transactions, including zoning requirements and development restrictions
- Offer To Purchase Real Estate Form: Initial proposal document that outlines purchase terms before the final agreement
- Real Estate Contract: General-purpose agreement suitable for various property types, including commercial buildings
- Buyer Seller Agreement: Simplified version for straightforward property transactions with standard terms
Who should typically use a Real Estate Purchase Agreement?
- Property Buyers/Sellers: The main parties who negotiate and sign the Real Estate Purchase Agreement, including individuals, companies, or developers
- Public Notaries: Required by Indonesian law to authenticate the agreement and prepare the final deed of sale (Akta Jual Beli)
- Real Estate Agents: Help draft initial terms, coordinate negotiations, and ensure the agreement reflects market standards
- Property Lawyers: Review and modify agreement terms, ensure compliance with Indonesian property laws, and protect client interests
- Banks/Financiers: Review agreements when providing mortgages or loans, ensuring proper security interests
How do you write a Real Estate Purchase Agreement?
- Property Details: Collect complete property information including land certificate number, building permits, and exact boundaries
- Party Information: Gather valid ID cards, tax numbers, and marriage status (if applicable) for all buyers and sellers
- Price Structure: Document the agreed purchase price, payment schedule, and any deposit arrangements
- Legal Checks: Verify property ownership status, tax history, and any existing liens through local land office
- Agreement Terms: Use our platform to generate a legally-sound document that includes all required clauses under Indonesian property law
- Notary Coordination: Schedule appointments with a licensed notary for document review and deed preparation
What should be included in a Real Estate Purchase Agreement?
- Party Details: Complete legal names, ID numbers, addresses, and marital status of buyers and sellers
- Property Description: Exact location, certificate numbers, boundaries, and building specifications per Indonesian land registry requirements
- Transaction Terms: Purchase price, payment method, deposit amount, and completion timeline
- Property Handover: Specific date and conditions for transferring possession and utility connections
- Legal Compliance: References to relevant Indonesian property laws and local regulations
- Default Provisions: Consequences of payment delays or contract breaches under Indonesian Civil Code
- Notarial Requirements: Statement confirming deed transfer through licensed notary
What's the difference between a Real Estate Purchase Agreement and a Real Estate Sale Contract?
A Real Estate Purchase Agreement often gets confused with a Real Estate Sale Contract, but they serve different purposes in Indonesian property transactions. Here are the key differences:
- Legal Status: A Purchase Agreement is a preliminary binding document outlining the terms of sale, while a Sale Contract is the final notarized document (Akta Jual Beli) that transfers ownership
- Timing of Use: Purchase Agreements come first during negotiations and secure financing, while Sale Contracts are executed only after due diligence is complete
- Required Format: Purchase Agreements can be private documents, but Sale Contracts must be notarized and follow strict government formats
- Modification Flexibility: Purchase Agreements can be modified by mutual consent, while Sale Contracts, once notarized, cannot be easily changed
- Legal Effect: Purchase Agreements create contractual obligations, while Sale Contracts actually transfer property rights under Indonesian law
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