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The Agreement to Sell is a fundamental document in Maltese property transactions, serving as a legally binding preliminary agreement between the promise seller and promise purchaser. This document is essential when parties have agreed on the basic terms of a property sale but need time to conduct due diligence, arrange financing, or fulfill other conditions before the final transfer. The agreement must comply with Malta's Civil Code and the Promise of Sale of Immovables Act, requiring registration with the Public Registry within 21 days of signing. It typically remains valid for three months but can be extended by mutual agreement. The document protects both parties' interests by setting out clear terms, conditions, and obligations while allowing time for necessary verifications and arrangements before the final deed of sale.

1. Parties: Identification and details of the Promise Purchaser and Promise Seller, including ID numbers, addresses, and marital status

2. Background: Context of the agreement, including brief description of the property and parties' intention to enter into a Promise of Sale agreement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Deposit', 'Final Deed', and 'Completion Date'

4. Property Description: Detailed description of the property being sold, including boundaries, measurements, and any rights or burdens

5. Purchase Price: Agreed purchase price, payment terms, deposit amount, and method of payment

6. Duration of Promise: Validity period of the preliminary agreement and the date by when the final deed must be executed

7. Conditions for Final Deed: Prerequisites and conditions that must be fulfilled before executing the final deed of sale

8. Deposit Terms: Amount, payment schedule, and conditions for deposit retention or return

9. Seller's Warranties: Representations regarding property ownership, absence of impediments to sale, and condition of the property

10. Notarial Searches: Requirements for legal searches and their timing

11. Expenses and Taxes: Allocation of notarial fees, stamp duty, and other transaction costs

12. Default Provisions: Consequences and remedies in case either party defaults on their obligations