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Property Purchase Agreement for Malta

Property Purchase Agreement Template for Malta

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Property Purchase Agreement

"I need a Property Purchase Agreement for a foreign company buying a commercial property in Malta's Special Designated Area in Sliema, with completion scheduled for March 2025, including provisions for existing tenant rights and service charges."

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Property Purchase Agreement

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What is a Property Purchase Agreement?

The Property Purchase Agreement is a fundamental legal document used in Malta for real estate transactions, whether residential or commercial. It serves as the definitive contract between parties for the transfer of immovable property, incorporating all necessary elements required by Maltese law. The agreement must be drafted in compliance with the Civil Code of Malta and related legislation, requiring notarial execution for validity. It typically follows a preliminary agreement (konvenju) and includes comprehensive details about the property, parties, price, payment terms, warranties, and completion requirements. The document is essential for both domestic and international transactions, with special provisions for non-resident purchases requiring AIP permits. It forms the basis for the final deed of sale and must address specific local requirements such as stamp duty, property transfer tax, and registration procedures.

What sections should be included in a Property Purchase Agreement?

1. Parties: Identification of the Vendor and Purchaser with full legal names, identification numbers, and addresses as required by Maltese law

2. Background: Context of the sale, including brief property history and current ownership status

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Property Description: Detailed legal description of the property including boundaries, measurements, and registration details as per Land Registry requirements

5. Purchase Price: The agreed purchase price, payment terms, deposit requirements, and method of payment

6. Completion: Details of the completion process, timing, and requirements for transfer of title

7. Vendor's Warranties: Warranties regarding property ownership, absence of encumbrances, planning permissions, and other legal requirements

8. Purchaser's Warranties: Warranties regarding ability to purchase, funding arrangements, and compliance with legal requirements

9. Terms of Payment: Detailed payment schedule, including deposit, stage payments if any, and final payment arrangements

10. Property Condition: State and condition of the property at sale, including any agreed repairs or modifications

11. Notarial Deed: Requirements and arrangements for the final deed of sale as required by Maltese law

12. Costs and Taxes: Allocation of costs including notarial fees, stamp duty, and other associated expenses

13. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

What sections are optional to include in a Property Purchase Agreement?

1. Special Designations: Required when property is in a Special Designated Area or subject to specific planning restrictions

2. AIP Permit: Required when purchaser is a non-resident requiring an Acquisition of Immovable Property permit

3. Tenant Rights: Required when property is subject to existing tenancy or occupancy rights

4. Mortgage Details: Required when property is being sold subject to an existing mortgage or purchaser requires mortgage arrangements

5. Development Obligations: Required when property includes unfinished works or future development commitments

6. Furniture and Fittings: Required when sale includes movable property or specific exclusions

7. Energy Performance: Required when property requires energy performance certification

8. Condominium Rules: Required for apartments or properties in shared developments

What schedules should be included in a Property Purchase Agreement?

1. Property Plans: Official architectural plans and drawings of the property

2. Land Registry Documents: Official extracts from Land Registry showing title and encumbrances

3. Inventory: Detailed list of included furniture, fittings, and equipment if applicable

4. Planning Permits: Copies of relevant MEPA permits and compliance certificates

5. Energy Performance Certificate: Current EPC as required by EU and Maltese law

6. Condition Report: Detailed report on property condition and any defects

7. Payment Schedule: Detailed breakdown of payment stages and amounts if applicable

8. Service Charges: Details of any ongoing service charges or maintenance fees

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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