The Deed of Absolute Sale is the cornerstone document in Maltese property transactions, used to finalize the transfer of immovable property ownership. It represents the culmination of the property purchase process, typically following a preliminary agreement (konvenju) and various due diligence procedures. This document is essential in Malta's property law framework and must be drafted and executed in accordance with strict legal requirements, including notarial authentication. The deed includes crucial information such as property details, consideration, tax declarations, and various warranties, making it relevant for both residential and commercial property transactions. It serves as the official record of the transfer and must be registered with the Public Registry to ensure legal validity and public notice of the transfer.
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1. Parties: Identification of the vendor(s) and purchaser(s) with full legal names, ID numbers, addresses, and marital status as required by Maltese law
2. Background: Recitals establishing the vendor's title to the property, history of ownership, and any relevant preliminary agreements
3. Definitions: Key terms used throughout the deed, including 'Property', 'Completion Date', and other relevant definitions
4. Property Description: Detailed description of the immovable property being sold, including boundaries, measurements, and registration details
5. Consideration: Purchase price, payment terms, and confirmation of payment method
6. Transfer of Title: The operative clause transferring ownership from vendor to purchaser
7. Vendor's Warranties: Standard warranties regarding title, encumbrances, and property condition
8. Tax Declarations: Mandatory declarations regarding capital gains tax, stamp duty, and other applicable taxes
9. Possession and Risk: Provisions regarding the transfer of possession and assumption of risk
10. Costs and Expenses: Allocation of notarial fees, registration costs, and other expenses
11. Governing Law: Confirmation that the deed is governed by Maltese law
1. Third Party Rights: Required when there are existing tenants, rights of first refusal, or other third-party interests
2. Planning Permits: Included when the property involves specific planning permissions or restrictions
3. AIP Permit: Required when the purchaser is a non-resident requiring Acquisition of Immovable Property permit
4. Conditional Clauses: Used when the sale is subject to specific conditions such as bank financing
5. Energy Performance: Required when the property falls under energy performance certification requirements
6. Service Agreements: Included when there are ongoing maintenance or service contracts being transferred
7. Fixtures and Fittings: Optional section detailing specific items included or excluded from the sale
1. Property Plans: Official site plans, drawings, and measurements of the property
2. Land Registry Documents: Property registration documents and searches
3. Energy Performance Certificate: Current EPC for the property where required
4. Planning Permits: Copies of relevant MEPA/Planning Authority permits
5. Inventory: List of fixtures, fittings, and contents included in the sale
6. Tax Clearance Certificates: Documentation showing settlement of tax obligations
7. Condominium Rules: If applicable, rules governing common parts and shared facilities
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