The House Selling Agreement is a fundamental legal document used in Malta for residential property transactions. It serves as the definitive contract between a vendor and purchaser, incorporating all essential elements required under Maltese law for a valid property transfer. This agreement is typically prepared following a preliminary agreement (konvenju) and must comply with various legislative requirements, including the Civil Code of Malta, the Duty on Documents and Transfers Act, and where applicable, the Immovable Property (Acquisition by Non-Residents) Act. The document includes detailed property descriptions, price and payment terms, warranties, and specific provisions required by Maltese property law. It's particularly important that the agreement addresses all local legal requirements, including notarial requirements, tax obligations, and specific provisions for both resident and non-resident transactions.
House Selling Agreement for Malta
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House Selling Agreement
"I need a House Selling Agreement for a property in Valletta, Malta, where the buyer is a non-resident requiring AIP permit, with completion planned for March 2025 and including special provisions for antique fixtures that will remain in the property."
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1. Parties: Identification and details of the Vendor and Purchaser, including full legal names, ID numbers, addresses, and marital status as required under Maltese law
2. Background: Context of the sale, including brief property history and any relevant preliminary agreements (konvenju)
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.
4. Property Description: Detailed description of the property being sold, including its address, boundaries, and registration details from the Land Registry
5. Sale and Purchase: Core terms of the sale, including the agreement to sell and purchase, and confirmation of title transfer
6. Purchase Price: Amount to be paid, payment schedule, deposit details, and method of payment
7. Completion: Details of the completion process, timing, and requirements for transfer of title
8. Vendor's Warranties: Warranties regarding property ownership, absence of encumbrances, planning permissions, and other legal requirements
9. Property Condition: State of the property, any known defects, and condition in which it will be delivered
10. Utilities and Services: Arrangements for transfer of utility accounts and service contracts
11. Taxes and Expenses: Allocation of stamp duty, notary fees, and other transaction costs
12. Notices: Process for serving formal notices between parties
13. Governing Law: Confirmation that the agreement is governed by Maltese law
1. Tenant Rights: Required if the property is currently tenanted, detailing existing tenancy agreements and arrangements
2. Planning Permissions: Needed for properties with ongoing development permits or pending applications
3. AIP Requirements: Required for sales to non-residents needing Acquisition of Immovable Property (AIP) permit
4. Mortgage Details: Required if the property is being sold subject to an existing mortgage or if new mortgage arrangements are relevant
5. Special Conditions: For unique property features or special arrangements between parties
6. Protected Tenements: Required for properties subject to protected rent laws or similar restrictions
7. Common Parts: Needed for properties that are part of a larger complex or development
8. Energy Performance: Required for properties needing to comply with specific energy performance requirements
1. Schedule 1 - Property Details: Detailed technical description of the property, including measurements and boundaries
2. Schedule 2 - Fixtures and Fittings: Inventory of items included and excluded from the sale
3. Schedule 3 - Title Documents: List of relevant title documents and their details
4. Schedule 4 - Planning Permits: Copies or details of relevant planning permissions and certificates
5. Appendix A - Property Plans: Official plans and drawings of the property
6. Appendix B - Energy Performance Certificate: Copy of the current energy performance certificate
7. Appendix C - Search Results: Results of searches conducted at the Public Registry and Land Registry
8. Appendix D - Photographs: Current photographs of the property and any relevant features
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