The Apartment Sales Contract is a fundamental legal document used in Malta for transferring ownership of apartment properties. It serves as the definitive agreement between parties, incorporating mandatory elements required by Maltese law including property descriptions, ownership rights, common areas obligations, and various certificates and permits. This contract type is essential for any apartment sale in Malta, whether for residential or investment purposes, and must comply with specific local requirements such as notarial execution, registration requirements, and energy performance certification. The document is structured to protect both parties' interests while ensuring compliance with Malta's Civil Code, Condominium Act, and other relevant legislation. It's particularly important in Malta's context given the country's specific property laws and the prevalence of apartment developments in its real estate market.
Apartment Sales Contract for Malta
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Apartment Sales Contract
"I need an Apartment Sales Contract for a newly built property in Sliema, Malta, with completion scheduled for March 2025, including specific provisions for the developer's warranties and staged payments."
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1. Parties: Identification of the Vendor and Purchaser with full legal names, ID numbers, addresses, and marital status as required by Maltese law
2. Background: Brief history of the property ownership and context of the sale
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Common Parts', 'Completion Date', etc.
4. Property Description: Detailed description of the apartment, including boundaries, floor level, internal area, and any included parking spaces or facilities
5. Sale and Purchase: Core agreement terms including purchase price, payment terms, and transfer of title
6. Common Parts: Description of shared areas and facilities, including ownership percentage and maintenance obligations
7. Warranties and Representations: Vendor's warranties regarding property ownership, encumbrances, and compliance with regulations
8. Completion: Details of the completion process, including timing, location, and requirements for final deed
9. Costs and Taxes: Allocation of costs including notary fees, stamp duty, and other transfer taxes
10. Notices: Process for serving formal notices between parties
11. Governing Law: Confirmation that the agreement is governed by Maltese law
1. Mortgage Arrangements: Include when the purchase is being financed through a mortgage, detailing the bank's requirements and conditions
2. Furniture and Fittings: Include when the sale includes specific furniture or fittings, with detailed inventory
3. Rental Status: Include when the property is currently tenanted, describing tenant rights and transition arrangements
4. Development Obligations: Include when the apartment is part of an ongoing development, detailing completion obligations and warranties
5. Special Conditions: Include when there are unique circumstances affecting the sale (e.g., planning permissions pending, required renovations)
6. Ground Rent (膴ens): Include when the property is subject to ground rent, detailing payment obligations
1. Property Plans: Floor plans and architectural drawings of the apartment and common areas
2. Land Registry Documents: Official property registration documents and site plans
3. Inventory: Detailed list of included furniture, appliances, and fittings if applicable
4. Energy Performance Certificate: Mandatory EPC showing the property's energy efficiency rating
5. Condominium Rules: Copy of the building's condominium rules and regulations
6. Planning Permits: Copies of relevant MEPA permits and compliance certificates
7. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
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Real Estate
Property Development
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Banking and Finance
Construction
Property Management
Insurance
Urban Planning
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Relevant Teams
Legal
Real Estate
Sales
Compliance
Property Management
Contract Administration
Due Diligence
Risk Management
Corporate Affairs
Operations
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary Public
Compliance Officer
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Sales Director
Contract Manager
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Real Estate Investment Manager
Due Diligence Specialist
Conveyancing Manager
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