The Contract for Deed is a crucial document in Maltese property transactions where immediate full payment and transfer of title is not feasible or desired. This agreement, also known locally as a 'konvenju' when used as a promise of sale, enables buyers to acquire property through structured payments while providing sellers with security through title retention. It must comply with Malta's Civil Code and property transfer regulations, requiring notarization and registration with appropriate authorities. The document typically includes detailed property descriptions, payment terms, maintenance obligations, default provisions, and conditions for final title transfer. It's particularly useful in situations involving developer financing, long-term payment arrangements, or when traditional mortgage financing is not available. The agreement must address specific requirements under Maltese law, including AIP permits for non-residents and proper registration with the Public Registry.
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1. Parties: Identification of the seller and buyer with full legal names, identification numbers, and addresses
2. Background: Context of the agreement, including brief property description and intention to transfer
3. Definitions: Key terms used throughout the agreement, including Property, Purchase Price, Deed Date, etc
4. Property Description: Detailed legal description of the property including boundaries, measurements, and registration details
5. Purchase Price and Payment Terms: Total purchase price, deposit amount, installment schedule, and payment methods
6. Transfer of Title: Conditions and timing for the final transfer of property title
7. Seller's Representations and Warranties: Declarations regarding property ownership, encumbrances, and condition
8. Buyer's Obligations: Requirements for payments, maintenance, and other responsibilities during the contract period
9. Default and Remedies: Consequences of default by either party and available remedies
10. Insurance and Risk: Requirements for property insurance and allocation of risk during the contract period
11. Taxes and Expenses: Allocation of transfer taxes, stamp duty, and other costs
12. Governing Law and Jurisdiction: Confirmation of Maltese law application and jurisdiction
13. Execution: Signature blocks and notarial requirements
1. Property Inspection: Used when specific inspection conditions or findings need to be documented
2. Third Party Rights: Include when there are existing tenants or other third-party interests in the property
3. Special Conditions: For unique requirements such as planning permissions or specific improvements
4. Environmental Matters: Include when there are environmental concerns or requirements
5. Agricultural Land Provisions: Required when the property includes agricultural land subject to special regulations
6. AIP Requirements: Include when buyer is a non-resident requiring Acquisition of Immovable Property permit
7. Mortgage Arrangements: Include when the purchase involves bank financing or existing mortgages
1. Schedule A - Property Details: Detailed property specifications, including plans and measurements
2. Schedule B - Payment Schedule: Detailed breakdown of installment payments and due dates
3. Schedule C - Property Inventory: List of fixtures, fittings, and contents included in the sale
4. Schedule D - Outstanding Works: List of repairs or improvements to be completed before final transfer
5. Appendix 1 - Property Plans: Official architectural plans and site surveys
6. Appendix 2 - Land Registry Documents: Copies of relevant land registry extracts and certificates
7. Appendix 3 - Planning Permits: Copies of relevant MEPA permits and applications
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