The Real Estate Agreement Contract is a fundamental legal instrument used in Indonesian property transactions to formalize the transfer of real estate ownership. This document is essential when conducting property sales in Indonesia, whether for residential, commercial, or industrial purposes. It must comply with various Indonesian regulations, including the Civil Code, Basic Agrarian Law, and property registration requirements. The agreement encompasses crucial elements such as property details, payment terms, warranties, and transfer procedures, while accounting for specific Indonesian legal requirements such as mandatory notarization and registration with the National Land Office. It's particularly important to note that this document must address unique aspects of Indonesian property law, such as restrictions on foreign ownership and different categories of land rights (Hak Guna Bangunan, Hak Milik, etc.).
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1. Parties: Identification of all parties to the agreement, including complete legal names, addresses, and registration numbers for companies
2. Background: Context of the agreement, including brief property description and purpose of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property, including certificate number, land area, building specifications, and boundaries
5. Purchase Price and Payment Terms: Detailed breakdown of the purchase price, payment schedule, and payment methods
6. Conditions Precedent: Prerequisites that must be fulfilled before the agreement becomes effective
7. Rights and Obligations: Detailed responsibilities and rights of both seller and buyer
8. Property Handover: Terms and procedures for the physical handover of the property
9. Warranties and Representations: Declarations regarding property ownership, condition, and legal status
10. Title Transfer: Process and requirements for legal transfer of property ownership
11. Taxes and Costs: Allocation of transaction taxes, fees, and other costs
12. Default and Remedies: Consequences of breach and available remedies
13. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction
14. Dispute Resolution: Procedures for handling disputes
15. Notices: Communication methods and contact details for formal notices
16. Execution: Signature blocks and execution requirements
1. Mortgage Provisions: Required when the purchase involves bank financing or mortgages
2. Foreign Ownership Provisions: Required when the buyer is a foreign national, including specific restrictions and requirements
3. Property Management: Included for apartments or properties within managed complexes
4. Construction Obligations: Required when the property is under construction or requires specific renovations
5. Environmental Provisions: Required for properties in environmentally sensitive areas or with specific environmental obligations
6. Strata Title Provisions: Required for apartments or properties under strata title
7. Third Party Rights: Required when there are existing tenants or other third-party interests
8. Force Majeure: Optional clause dealing with unforeseen circumstances
9. Insurance: Required when specific insurance obligations need to be maintained
1. Property Title Documents: Copies of land certificates and ownership documentation
2. Property Plans: Official site plans, building plans, and floor plans
3. Payment Schedule: Detailed breakdown of payment installments and due dates
4. Property Inventory: List of fixtures, fittings, and other items included in the sale
5. Due Diligence Results: Summary of property checks and verifications
6. Building Permits: Copies of relevant permits and certificates
7. Property Tax Records: History of property tax payments and current status
8. Photographs: Current photographs of the property and its condition
9. Power of Attorney: If required for transaction completion
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Banking & Finance
Legal Services
Insurance
Property Management
Urban Planning
Architecture
Hospitality
Retail
Commercial Property
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Operations
Business Development
Investment
Risk Management
Finance
Corporate Affairs
Facilities Management
Asset Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Property Developer
Land Acquisition Manager
Real Estate Investment Manager
Property Surveyor
Notary Public
Contract Administrator
Real Estate Portfolio Manager
Property Rights Specialist
Development Director
Real Estate Operations Manager
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