The Deed of Sale of Property is a crucial legal instrument in Maltese property transactions, required for any transfer of immovable property within the jurisdiction. This document must comply with the Civil Code of Malta and the Notarial Profession and Notarial Archives Act, among other relevant legislation. It serves as the definitive evidence of property transfer and must include specific details about the parties, property description, consideration, warranties, and various legal declarations. The deed is particularly important as it must be registered with the Public Registry and Land Registry, creating a public record of the transaction. It's used in both residential and commercial property transfers and must address specific requirements for different types of properties and buyers, including additional requirements for non-resident purchasers under Maltese law.
Deed Of Sale Of Property for Malta
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Deed Of Sale Of Property
"I need a Deed of Sale of Property for a commercial warehouse in Qormi, Malta, being purchased by a foreign company, with completion scheduled for March 15, 2025, including specific clauses about existing tenant rights and MEPA permits for industrial use."
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1. Parties: Full identification of the vendor and purchaser including ID numbers, residence, marital status, and capacity to contract 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. Title and Ownership: Vendor's title to the property and declarations regarding ownership rights
6. Consideration: Purchase price, payment terms, and deposit details
7. Completion: Details of the final transfer, timing, and requirements for completion
8. Vendor's Warranties: Standard warranties regarding property title, encumbrances, and planning permits
9. Property Condition: Statement of property condition and any known defects
10. Utilities and Services: Status of utility connections and service contracts
11. Tax Declarations: Statements regarding tax obligations and payments required by Maltese tax laws
12. Notarial Declarations: Standard declarations required by Maltese notarial law
13. Governing Law: Confirmation of Maltese law application and jurisdiction
1. AIP Permit: Required when purchaser is a non-resident requiring Acquisition of Immovable Property permit
2. Special Conditions: Any unique terms specific to the transaction or property
3. Tenant Rights: Required if property is subject to existing tenancy
4. Development Permits: Needed for properties under construction or requiring renovation
5. Protected Tenement: Required for properties falling under special heritage protection
6. Bank Finance: Required when purchase involves bank financing or mortgages
7. Energy Performance: Required for properties needing energy performance certification
1. Property Plans: Official architectural plans and site surveys
2. Land Registry Documents: Official property registration documents and searches
3. Planning Permits: Copies of relevant MEPA permits and compliance certificates
4. Inventory: List of included fixtures, fittings, and contents if applicable
5. Title Documents: Copies of relevant title and ownership documentation
6. Tax Clearance: Certificates showing payment of property taxes and duties
7. Condition Report: Survey or condition report if referenced in main deed
8. Utility Bills: Recent utility bills and proof of payment
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