The Home For Sale By Owner Purchase Agreement is a crucial legal document used in Malta when property owners choose to sell their residential property directly to purchasers without engaging a real estate agent. This document is particularly relevant in the Maltese property market, where the legal framework requires specific formalities including the konvenju system and strict compliance with the Civil Code. The agreement encompasses all necessary elements for a valid property transfer under Maltese law, including property description, warranties, payment terms, and completion requirements. It serves as both a binding agreement and a reference document for the final deed of sale to be executed before a Notary Public. The document must comply with various regulatory requirements including the Duty on Documents and Transfers Act, the Land Registration Act, and energy performance certification regulations.
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1. Parties: Identification and details of the Vendor and Purchaser, including their full legal names, ID numbers, and addresses
2. Background: Context of the sale, including reference to any previous konvenju agreement and current ownership status
3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Purchase Price, and other relevant terminology
4. Property Description: Detailed description of the property including address, boundaries, and registration details as per Land Registry
5. Purchase Price: The agreed purchase price, payment terms, deposit amounts, and payment schedule
6. Completion: Details of the completion process, timing, and requirements for final deed execution
7. Vendor's Warranties: Warranties regarding property ownership, absence of encumbrances, and compliance with building permits
8. Property Condition: Statement of the property's condition and any agreed repairs or modifications
9. Utilities and Services: Arrangements for transfer of utilities and services to the Purchaser
10. Taxes and Expenses: Allocation of stamp duty, notary fees, and other transaction costs
11. Risk and Insurance: Transfer of risk and insurance responsibilities
12. Default and Remedies: Consequences of default by either party and available remedies
13. Notices: Process for formal communications between parties
14. Governing Law: Confirmation of Maltese law as governing law and jurisdiction
1. Movable Property: Details of any furniture or fittings included in the sale
2. Special Conditions: Any unique terms specific to this transaction
3. AIP Permit: Required when purchaser is a non-resident requiring Acquisition of Immovable Property permit
4. Tenant Rights: Required when property is currently tenanted
5. Planning Permits: Required when property has pending planning applications or recent modifications
6. Mortgage Arrangements: Required when purchase is subject to mortgage financing
7. Ground Rent: Required when property is subject to ground rent (膵ens)
1. Property Plan: Official site plan and property drawings from Land Registry
2. Inventory: Detailed list of included movable property (if applicable)
3. Energy Performance Certificate: Mandatory EPC as required by Maltese law
4. Property Photographs: Documented condition of property at time of agreement
5. Title Documentation: Copies of relevant title documents and permits
6. Payment Schedule: Detailed breakdown of payment terms and installments
7. Compliance Documentation: Copies of relevant MEPA permits and certificates
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