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Property Sales Agreement for Malta

Property Sales Agreement Template for Malta

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Property Sales Agreement

"I need a Property Sales Agreement under Maltese law for a residential apartment sale in Sliema, with completion scheduled for March 2025, including provisions for the existing tenant to vacate the property one month before completion."

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Property Sales Agreement

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What is a Property Sales Agreement?

The Property Sales Agreement is a crucial legal document used in Malta for real estate transactions between parties intending to transfer property ownership. It serves as the definitive agreement following any preliminary promise of sale agreement (konvenju) and precedes the final deed of transfer. This document is essential in the Maltese property market, where all property transfers must be executed through public deeds by authorized notaries. The agreement incorporates comprehensive details about the property, parties, financial terms, and conditions, while ensuring compliance with Maltese property laws, tax regulations, and anti-money laundering requirements. It's particularly important as it forms the basis for the notarial deed and includes mandatory elements such as energy performance certificates, planning permits, and property searches. The document is designed to protect both parties' interests while satisfying regulatory requirements specific to the Maltese jurisdiction.

What sections should be included in a Property Sales Agreement?

1. Parties: Identification and details of the Vendor and Purchaser, including full legal names, ID numbers, addresses, and marital status as required under Maltese law

2. Background: Context of the sale, including brief property history and any relevant preliminary agreements (konvenju)

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

4. Sale and Purchase: Core terms of the property transfer, including clear description of what is being sold and the agreed purchase price

5. Property Description: Detailed description of the property including boundaries, measurements, and included fixtures and fittings

6. Purchase Price and Payment Terms: Detailed breakdown of the purchase price, payment schedule, and method of payment

7. Completion: Details of the completion process, timing, and requirements for the final deed (kuntratt)

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

9. Purchaser's Warranties: Warranties regarding capacity to purchase and source of funds

10. Property Condition: Statement on the condition in which the property is being sold and any known defects

11. Taxes and Expenses: Allocation of responsibility for various taxes, notarial fees, and other expenses

12. Notices: Process and requirements for serving notices between parties

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

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

1. Mortgage Arrangements: Include when the purchase is being financed through a mortgage, detailing the arrangements and bank's requirements

2. Special Conditions: Include when there are specific conditions that must be met before completion

3. Property Management: Include for properties in multi-unit developments with shared facilities or management companies

4. Rental Situation: Include if the property is currently tenanted or subject to any lease agreements

5. Planning Permissions: Include if there are ongoing planning applications or recent developments requiring detailed disclosure

6. Protected Property Provisions: Include if the property is listed or in a protected area with special requirements

7. Agricultural Land Provisions: Include if the property includes agricultural land subject to special regulations

8. Development Restrictions: Include if there are specific development restrictions or rights that need to be detailed

What schedules should be included in a Property Sales Agreement?

1. Property Details: Comprehensive technical description of the property, including plans, measurements, and boundaries

2. Included Contents: Inventory of any furniture, fixtures, and fittings included in the sale

3. Title Documentation: List of all relevant title documents and their location

4. Energy Performance Certificate: Copy or details of the mandatory Energy Performance Certificate

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

6. Search Results: Results of searches conducted in the Public Registry and Land Registry

7. Payment Schedule: Detailed breakdown of payment terms and installments if applicable

8. Property Photographs: Documentary photographs of the property's current condition

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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Relevant Industries

Real Estate

Legal Services

Banking and Finance

Construction

Property Development

Property Management

Notarial Services

Property Investment

Urban Planning

Architecture

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Operations

Finance

Risk Management

Administrative Support

Business Development

Document Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary Public

Legal Counsel

Property Developer

Compliance Officer

Real Estate Investment Manager

Property Valuation Specialist

Real Estate Transaction Coordinator

Legal Document Specialist

Property Portfolio Manager

Real Estate Operations Manager

Title Insurance Officer

Real Estate Finance Manager

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