The Contract For Selling A House By Owner is a crucial legal document used in Indonesia when property owners wish to sell their residential property directly to buyers without full real estate agency services. This type of agreement is governed by Indonesian law, particularly the Civil Code (KUHPerdata) and Basic Agrarian Law No. 5 of 1960, and must be executed before a licensed land deed official (PPAT). The document is designed to protect both parties' interests while ensuring compliance with local property transfer regulations, tax requirements, and land registration procedures. It includes comprehensive details about the property, payment terms, warranties, and specific conditions of sale, making it suitable for private property transactions where owners handle the majority of the sale process directly.
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1. Parties: Identification of the seller and buyer with complete legal names, addresses, and identification numbers as required by Indonesian law
2. Background: Context of the sale, including brief history of ownership and confirmation of seller's right to sell
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and legal terms
4. Property Details: Complete description of the property including land certificate number, address, boundaries, and built-up area
5. Purchase Price: Agreed purchase price and payment structure, including deposit arrangements
6. Payment Terms: Detailed payment schedule, method of payment, and consequences of payment default
7. Transfer of Title: Process and requirements for legal transfer of property ownership
8. Seller's Representations and Warranties: Seller's guarantees regarding property ownership, condition, and absence of disputes
9. Buyer's Representations and Warranties: Buyer's confirmations regarding financial capacity and compliance with property ownership regulations
10. Completion Requirements: Conditions to be met before completion, including documentation and regulatory requirements
11. Tax Obligations: Allocation of tax responsibilities between parties, including transfer tax and duties
12. Risk and Insurance: Transfer of risk and insurance responsibilities
13. Default and Termination: Consequences of breach and conditions for contract termination
14. Governing Law: Confirmation of Indonesian law application and jurisdiction
15. Dispute Resolution: Process for resolving disputes, including choice of forum
16. Notices: Method and addresses for formal communications between parties
17. Execution: Signature requirements and execution formalities
1. Mortgage Provisions: Include when the property purchase involves mortgage financing
2. Property Inspection: Include when specific inspection conditions or findings need to be addressed
3. Vacant Possession: Include when the property is currently occupied and timing of vacancy needs to be specified
4. Fixtures and Fittings: Include when specific items are included or excluded from the sale
5. Development Restrictions: Include when the property is subject to specific development or use restrictions
6. Foreign Ownership Provisions: Include when the buyer is a foreign national, addressing specific requirements and restrictions
7. Power of Attorney: Include when any party is acting through an authorized representative
8. Strata Title Provisions: Include for apartments or properties under strata title
9. Cultural Heritage Provisions: Include if the property has cultural heritage status or restrictions
1. Property Description Schedule: Detailed technical description of the property, including exact measurements and boundaries
2. Land Certificate Details: Copy or details of the land certificate and ownership history
3. Payment Schedule: Detailed breakdown of payment installments and timing
4. Fixtures and Fittings List: Inventory of items included in or excluded from the sale
5. Property Inspection Report: Findings from property inspection and any agreed remedial works
6. Required Permits: List of permits and certificates required for property transfer
7. Outstanding Utilities: Details of utility accounts and outstanding payments
8. Property Tax History: Record of property tax payments and any outstanding obligations
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Banking and Finance
Legal Services
Property Management
Construction
Insurance
Property Investment
Urban Development
Residential Housing
Relevant Teams
Legal
Real Estate
Property Management
Facilities
Finance
Tax
Risk Management
Compliance
Customer Relations
Documentation
Relevant Roles
Property Owner
Real Estate Lawyer
Property Buyer
Notary Public
Land Deed Official (PPAT)
Property Tax Consultant
Real Estate Agent
Property Manager
Bank Manager
Mortgage Officer
Legal Counsel
Property Developer
Investment Advisor
Real Estate Investment Consultant
Property Valuation Specialist
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