The Auto Deed of Sale is a crucial legal document used in Malta for transferring ownership of motor vehicles, whether in private sales or commercial transactions through dealerships. This document type is specifically designed to comply with Maltese legal requirements, including the Civil Code (Chapter 16) and Motor Vehicles Registration and Licensing Act (Cap. 368). The deed must capture all essential elements of the transaction, including detailed vehicle information, price, payment terms, and parties' representations. It serves multiple purposes: documenting the sale agreement, enabling vehicle registration transfer with Transport Malta, establishing warranties and conditions, and providing evidence for tax and insurance purposes. The Auto Deed of Sale is particularly important as it provides legal protection for both buyers and sellers, ensuring clear documentation of the transfer of rights and responsibilities associated with vehicle ownership.
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1. Parties: Identification of the Seller and Buyer with full legal names, ID numbers, addresses and contact details as per Maltese requirements
2. Background: Brief context stating the Seller's ownership and intention to sell, and Buyer's intention to purchase
3. Definitions: Key terms used in the agreement including 'Vehicle', 'Purchase Price', 'Completion Date', etc.
4. Vehicle Details: Complete description of the vehicle including make, model, year, chassis number, engine number, registration number, color, and mileage
5. Purchase Price: Agreed purchase price, payment terms, and method of payment
6. Seller's Representations: Declarations regarding vehicle ownership, freedom from encumbrances, roadworthiness, and accuracy of information
7. Transfer of Ownership: Terms of ownership transfer, including timing and registration requirements with Transport Malta
8. Completion Requirements: Actions required by each party to complete the sale, including documentation and registration procedures
9. Risk and Insurance: Transfer of risk and insurance responsibilities
10. Governing Law: Confirmation that the deed is governed by Maltese law
11. Signatures: Execution section including signatures of parties and witnesses as required by Maltese law
1. Dealer Warranty: Used when seller is a dealer providing additional warranties beyond statutory requirements
2. Payment Plan: Included when purchase price is paid in installments or involves financing
3. Trade-in Details: Required when part of purchase price involves trade-in of another vehicle
4. Condition Disclaimer: Additional disclaimers for sales of vehicles 'as is' or with known issues
5. VAT Declaration: Required for sales involving VAT-registered dealers or when VAT is applicable
6. Power of Attorney: When either party is acting through an authorized representative
1. Vehicle Inspection Report: Detailed technical inspection report including current condition and any existing damage
2. Service History: Documentation of vehicle maintenance and service history
3. Equipment List: Detailed list of included equipment, accessories, and spare parts
4. Vehicle Documents: List of all documents being transferred (registration documents, insurance certificates, etc.)
5. Payment Schedule: If applicable, detailed schedule of installment payments
6. Photographs: Dated photographs documenting vehicle condition at time of sale
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