The Property Contract serves as a fundamental legal instrument in Maltese real estate transactions, essential for documenting and executing property transfers in compliance with Maltese law. This document is used whenever real property is being sold, transferred, or acquired in Malta, whether for residential, commercial, or industrial purposes. The contract must be executed as a public deed before a Notary Public, as required by Maltese legislation, and includes crucial details such as property description, consideration, warranties, and tax obligations. It incorporates specific requirements from the Civil Code of Malta, the Duty on Documents and Transfers Act, and other relevant property legislation. The document is particularly important as it forms the basis for property registration with the Maltese Land Registry and serves as evidence of ownership transfer.
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1. Parties: Detailed identification of the contracting parties including full legal names, ID numbers, addresses, and marital status as required under Maltese law
2. Background: Context of the transaction, including property history and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract, including specific Maltese legal terminology
4. Property Description: Detailed legal description of the property including boundaries, measurements, and registration details as per Land Registry requirements
5. Consideration: Purchase price or other consideration, payment terms, and deposit arrangements
6. Completion: Terms and conditions for completion of the transfer, including timing and notarial requirements
7. Warranties and Representations: Seller's warranties regarding property title, encumbrances, and condition
8. Taxes and Expenses: Allocation of stamp duty, notarial fees, and other transaction costs
9. Default and Remedies: Consequences of breach and available remedies
10. Notices: Method and addresses for formal communications between parties
11. Governing Law: Confirmation of Maltese law as governing law and jurisdiction
1. Conditions Precedent: Used when completion is subject to specific conditions such as bank financing or planning permits
2. Tenancy Provisions: Required when the property is sold subject to existing tenancies
3. Development Rights: Included when the contract involves future development potential or restrictions
4. Service Charges: Necessary for properties in multi-unit developments or condominiums
5. Energy Performance: Required when dealing with buildings that need energy performance certificates
6. Agricultural Land Provisions: Special provisions required for agricultural land transfers
7. Heritage Protection: Special conditions for properties with historical or cultural significance
8. Common Parts: Required for properties sharing common areas or facilities
1. Property Plan: Official site plan and measurements from Land Registry
2. Title Documents: Copies of relevant title and ownership documentation
3. Inventory: List of included fixtures, fittings, and furnishings if applicable
4. Planning Permits: Copies of relevant planning permits and restrictions
5. Energy Performance Certificate: Current energy performance certification if required
6. Ground Rent Documentation: Details of any ground rent arrangements
7. Search Results: Results of official searches at Public Registry and Land Registry
8. Payment Schedule: Detailed schedule of payment installments if applicable
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