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The Preliminary Agreement (konvenju) is a fundamental document in Maltese property transactions, required under Chapter 16 of the Laws of Malta. It serves as a binding promise of sale between parties, protecting both vendors' and purchasers' interests during the period between initial agreement and final deed execution. This document is essential when parties have reached agreement on key terms but need time for due diligence, financing arrangements, or permit processing. It must include specific elements required by Maltese law, such as proper identification of parties and property, consideration, and validity period. The agreement triggers legal obligations including registration with authorities and payment of provisional stamp duty. It's particularly relevant in Malta's dynamic property market, where transactions often involve multiple stakeholders and require careful consideration of legal and financial aspects.

1. Parties: Full identification of the Promisor (vendor) and Promisee (purchaser) including ID numbers, addresses, and marital status as required by Maltese law

2. Background: Context of the agreement including brief property history and parties' intentions

3. Definitions: Key terms used throughout the agreement, including specific Maltese legal terminology

4. Property Description: Detailed description of the property including boundaries, measurements, and reference to land registry plans

5. Purchase Price: Agreed purchase price, deposit amount, and payment terms including method and timing

6. Duration: Validity period of the preliminary agreement (typically 3 months under Maltese law unless otherwise agreed)

7. Conditions Precedent: Essential conditions that must be fulfilled before final deed, including bank financing if applicable

8. Warranties: Vendor's declarations regarding property title, permits, and encumbrances

9. Final Deed Obligations: Commitments regarding the execution of the final deed of sale

10. Stamp Duty: Provisions regarding payment of stamp duty (1% on signing of preliminary agreement)

11. Governing Law: Confirmation that the agreement is governed by Maltese law