The Contract of Deed of Sale is a fundamental legal document in Maltese property law, used to formalize and execute the transfer of immovable property. This document is required whenever real estate is being transferred in Malta, whether residential, commercial, or industrial property. The deed must be drawn up and published by a Notary Public and requires various preliminary searches and legal verifications. It includes essential elements such as party identification, property details, consideration, warranties, and statutory declarations. The document must comply with specific requirements under the Civil Code of Malta, the Notarial Profession and Notarial Archives Act, and other relevant legislation. It serves as the definitive proof of property transfer and must be registered with the Public Registry and Land Registry to ensure legal validity.
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1. Parties: Details of the Vendor and Purchaser including full legal names, ID numbers, addresses, and marital status as required by Maltese law
2. Background: History of property ownership, relevant permits, and context of the sale
3. Definitions: Key terms used throughout the deed including 'Property', 'Completion Date', 'Purchase Price'
4. Property Description: Detailed description of the property including boundaries, measurements, and registration details as per Land Registry requirements
5. Consideration: Purchase price, payment terms, and deposit details
6. Title and Transfer: Confirmation of vendor's title and terms of transfer of ownership
7. Warranties and Representations: Vendor's warranties regarding property ownership, encumbrances, and compliance with laws
8. Vacant Possession: Confirmation of delivery of vacant possession and timing
9. Costs and Taxes: Allocation of notarial fees, stamp duty, and other transfer costs
10. Execution: Formal execution clause and notarial attestation
1. Conditions Precedent: Used when completion is subject to specific conditions such as bank financing or permits
2. Tenancies: Required if the property is subject to existing lease agreements
3. Common Parts: Necessary for apartments or properties with shared facilities
4. Planning Permits: Include when property involves development rights or ongoing construction
5. Services and Utilities: Required for properties with specific utility arrangements or shared services
6. Environmental Matters: Include if property has environmental considerations or certifications
7. Moveable Property: Used when sale includes furniture or other moveable items
1. Property Plans: Official architectural plans and site plans of the property
2. Land Registry Documents: Property registration documents and searches
3. Energy Performance Certificate: Mandatory EPC certificate as required by law
4. Inventory: List of included moveable property if applicable
5. Planning Permits: Copies of relevant MEPA permits and compliance certificates
6. Ground Rent Documentation: Details of ground rent if property is subject to emphyteusis
7. Tax Declarations: Required tax forms and declarations for property transfer
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