The No Home Sale Contract serves as a crucial legal instrument in Indonesian property transactions where there is a need to prevent the sale or transfer of a property for a defined period. This document is commonly used in family arrangements, debt restructuring, or property development scenarios where maintaining current ownership is essential. It must comply with Indonesian Civil Code (KUHPerdata), property laws, and local regulations, requiring proper notarization and potential registration with land authorities. The contract typically includes comprehensive details about the property, duration of sale restriction, permitted exceptions, and enforcement mechanisms, providing security for beneficiaries while ensuring the owner's obligations are clearly defined and legally enforceable.
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1. Parties: Identification of the property owner and the beneficiary of the no-sale commitment
2. Background: Context of the agreement, including property details and reason for the no-sale commitment
3. Definitions: Key terms used throughout the agreement including Property, Restricted Period, Permitted Transfers
4. No-Sale Commitment: Core obligation of the owner not to sell or transfer the property during the restricted period
5. Duration: Specification of the time period during which the property cannot be sold
6. Owner's Obligations: Detailed commitments including maintaining the property, paying taxes, and not entering into sale agreements
7. Representations and Warranties: Owner's confirmations about property ownership, absence of encumbrances, and authority to enter agreement
8. Events of Default: Circumstances constituting breach of the agreement
9. Remedies: Rights and actions available to the beneficiary in case of breach
10. Notices: Process and requirements for formal communications between parties
11. Governing Law: Specification of Indonesian law as governing law and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Permitted Transfers: Defines specific circumstances where property transfer is allowed, used when parties agree to certain exceptions
2. Security: Additional security measures like property charges or guarantees, used for higher-value properties
3. Early Termination: Conditions under which the agreement can be terminated before the restricted period ends
4. Insurance: Requirements for property insurance, used when specifically required by the beneficiary
5. Registration: Requirements for registering the agreement with land authorities, used when local law requires or parties prefer
6. Dispute Resolution: Specific procedures for resolving disputes, used when parties want alternative dispute resolution mechanisms
1. Property Description: Detailed description of the property including certificate numbers, boundaries, and registration details
2. Property Title Documents: Copies of relevant property ownership certificates and registration documents
3. Existing Encumbrances: List of any existing mortgages, liens, or other encumbrances on the property
4. Permitted Transfer Conditions: Detailed conditions and procedures for any permitted transfers if applicable
5. Form of Notices: Template formats for formal notices under the agreement
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