The Owner Finance Contract is a specialized legal instrument used in Malta when traditional mortgage financing is either not preferred or not available. This document serves as both a property sale agreement and a financing arrangement, where the property seller acts as the finance provider. It is particularly relevant in situations where buyers seek alternative financing options or when sellers wish to generate ongoing income through interest payments. The agreement must comply with Maltese property law, financial regulations, and the Civil Code, addressing key aspects such as property transfer, security interests, payment terms, and default remedies. This type of contract is commonly used in both residential and commercial property transactions in Malta, offering flexibility while ensuring legal protection for all parties involved. The document includes comprehensive details about the property, financing terms, security arrangements, and conditions for eventual title transfer, all structured within the Maltese legal framework.
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1. Parties: Identification of the Property Owner/Seller/Financier and the Buyer/Borrower with full legal names and addresses
2. Background: Context of the transaction, including property details and parties' intention to enter into an owner-financing arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale Agreement: Terms of the property sale including property description, purchase price, and transfer conditions
5. Financing Terms: Details of the financing arrangement including principal amount, interest rate, term length, and payment schedule
6. Payment Provisions: Specifics about payment methods, due dates, and handling of late payments
7. Security Arrangements: Details of property mortgage or other security interests to secure the financing
8. Insurance Requirements: Mandatory insurance coverage for the property and payment protection
9. Default and Remedies: Consequences of default and available remedies for both parties
10. Transfer of Title: Conditions and process for the eventual transfer of property title
11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
12. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction for disputes
1. Early Repayment Provisions: Terms for early loan repayment, including any penalties or incentives
2. Property Management: Requirements for property maintenance and improvements during the financing period
3. Assignment and Transfer: Rights and restrictions regarding assignment of the contract to third parties
4. Co-borrower Provisions: Additional terms when multiple buyers/borrowers are involved
5. Property Use Restrictions: Specific limitations on property use during the financing period
6. Death or Incapacity Provisions: Procedures in case of death or incapacity of either party
7. Refinancing Options: Terms for potential refinancing through traditional lenders
8. Tax and Expense Allocation: Detailed breakdown of responsibility for various taxes and expenses
1. Schedule A - Property Description: Detailed legal description of the property including boundaries and registered details
2. Schedule B - Payment Schedule: Amortization table showing all payment dates, amounts, and interest calculations
3. Schedule C - Property Condition Report: Detailed assessment of property condition at time of agreement
4. Schedule D - Insurance Requirements: Specific insurance coverage requirements and minimum amounts
5. Schedule E - Property Tax Records: Current property tax assessment and payment history
6. Appendix 1 - Required Maintenance Standards: Detailed standards for property maintenance during the financing period
7. Appendix 2 - Form of Payment Instructions: Templates and procedures for making payments
8. Appendix 3 - Property Title Documents: Copies of relevant title documents and searches
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