The Property Sale Agreement is the primary document used in Malta for transferring ownership of real estate from one party to another. It represents the final stage of the property purchase process, following the preliminary promise of sale agreement (konvenju), and must be executed in front of a Notary Public as required by Maltese law. This document is essential for both residential and commercial property transactions and includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and various legal requirements specific to Malta. It must comply with multiple regulations including the Civil Code of Malta, stamp duty requirements, and energy performance regulations. The agreement is particularly important as it provides legal certainty and protection for both parties while ensuring the transaction meets all regulatory requirements for property transfer in Malta.
Property Sale Agreement for Malta
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Property Sale Agreement
"I need a Property Sale Agreement for a residential apartment in Sliema, Malta, with completion scheduled for March 2025; the property includes two parking spaces and is currently tenanted with a lease expiring in January 2025."
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1. Parties: Identification of the Vendor and Purchaser with full legal names, identification numbers, and addresses
2. Background: Context of the sale, including brief property history and reference to any preliminary agreements (konvenju)
3. Definitions: Defined terms used throughout the agreement, including Property, Completion Date, Purchase Price, etc.
4. Sale and Purchase: Core agreement to sell and purchase the property, including precise property description and boundaries
5. Purchase Price: Agreed purchase price, payment terms, deposit arrangements, and method of payment
6. Completion: Completion date, process, and requirements for transfer of title
7. Vendor's Representations and Warranties: Warranties regarding property ownership, encumbrances, planning permits, and other legal assurances
8. Property Condition: State of the property, included fixtures and fittings, and any known defects
9. Taxes and Expenses: Allocation of stamp duty, notarial fees, and other transaction costs
10. Energy Performance Certificate: Confirmation of EPC provision and details as required by law
11. Risk and Insurance: Transfer of risk and insurance obligations
12. Notices: Process and addresses for formal communications between parties
13. Governing Law and Jurisdiction: Confirmation of Maltese law governance and jurisdiction
14. Execution: Signature blocks and notarial requirements
1. AIP Permit: Required when purchaser is a non-resident, detailing the Acquisition of Immovable Property permit
2. Mortgage Arrangements: Include when purchase is subject to bank financing, detailing loan conditions and requirements
3. Rental Status: Required when property is currently tenanted, addressing tenant rights and notice requirements
4. Development Permits: Include when property has pending planning permits or development rights
5. Conditions Precedent: Include when completion is subject to specific conditions being met
6. Agricultural Land Provisions: Required for agricultural property, including any special restrictions or requirements
7. Protected Property Status: Include for properties with historical or architectural protection status
8. Parking Rights: Include when sale includes separate parking spaces or garage facilities
1. Property Description Schedule: Detailed property description, boundaries, and included areas
2. Inventory Schedule: List of included fixtures, fittings, and furniture if applicable
3. Title Documentation: Copies of relevant title and ownership documents
4. Planning Permits: Copies of existing planning permits and applications
5. Property Plans: Official plans and drawings of the property
6. Energy Performance Certificate: Copy of the current EPC
7. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
8. Encumbrances Schedule: List of any existing charges, easements, or restrictions on the property
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Real Estate
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Construction
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Environmental Services
Relevant Teams
Legal
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Compliance
Property Management
Sales
Risk Management
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Real Estate Attorney
Property Lawyer
Notary Public
Real Estate Agent
Property Manager
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Compliance Officer
Real Estate Developer
Property Surveyor
Title Officer
Mortgage Officer
Real Estate Investment Manager
Property Portfolio Manager
Legal Administrator
Conveyancing Manager
Real Estate Transaction Coordinator
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