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Real Estate Sales Agreement Contract for Malta

Real Estate Sales Agreement Contract Template for Malta

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Real Estate Sales Agreement Contract

"I need a Real Estate Sales Agreement Contract for a luxury apartment in Sliema, Malta, including special provisions for included furniture and fittings, with completion planned for March 2025 and payment to be made in three installments."

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Real Estate Sales Agreement Contract

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What is a Real Estate Sales Agreement Contract?

The Real Estate Sales Agreement Contract is a crucial legal document used in Malta for property transactions between vendors and purchasers. It serves as the primary agreement outlining the terms and conditions of a property sale, ensuring compliance with Maltese property law and regulations. This document is essential when any real estate property is being transferred, whether residential, commercial, or industrial, and must incorporate specific requirements under Maltese law, including notarial requirements, land registry regulations, and tax obligations. The agreement typically precedes the final deed of sale and includes comprehensive details about the property, price, payment terms, warranties, and conditions. It's particularly important in the Maltese context due to the country's specific property laws and the requirement for notarial involvement in property transfers. The document must also account for local requirements such as energy performance certificates and anti-money laundering regulations.

What sections should be included in a Real Estate Sales Agreement Contract?

1. Parties: Identification of the Vendor and Purchaser with full legal names, registration numbers (if companies), and registered addresses

2. Background: Context of the sale and brief description of the property being transferred

3. Definitions: Definitions of key terms used throughout the agreement

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

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

6. Payment Terms: Schedule of payments, including deposit, stage payments if any, and final payment details

7. Completion: Terms and conditions for completion of sale, including timing and requirements for the final deed

8. Vendor's Warranties: Warranties regarding ownership, absence of encumbrances, planning permissions, and other property-related assurances

9. Property Condition: Statement on the condition of the property and any known defects

10. Tax Obligations: Details of stamp duty, capital gains tax, and other applicable taxes and who is responsible for payment

11. Costs and Expenses: Allocation of notarial fees, registration costs, and other transaction expenses

12. Default and Remedies: Consequences of default by either party and available remedies

13. Notices: Process for serving formal notices between parties

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

15. Execution: Signature blocks and notarial requirements

What sections are optional to include in a Real Estate Sales Agreement Contract?

1. Conditions Precedent: Required when sale is subject to specific conditions being met before completion, such as bank financing or planning permissions

2. Fixtures and Fittings: Used when specific items are included or excluded from the sale

3. Tenancies: Required when property is sold subject to existing tenancies

4. Planning and Development: Needed when property has ongoing or pending planning applications or development potential

5. Service Charges: Required for properties in multi-unit developments with common areas

6. Car Spaces: Used when parking spaces or garages are included in the sale

7. Renovation Works: Required when property is under renovation or requires specific works before completion

8. Agricultural Land: Special provisions required for agricultural land sales

9. Special Designations: Required for properties in Urban Conservation Areas or with historical protection

What schedules should be included in a Real Estate Sales Agreement Contract?

1. Property Details Schedule: Detailed technical description of property, including plans and measurements

2. Inventory Schedule: List of fixtures, fittings, and furniture included in the sale

3. Planning Permits Schedule: Copies of relevant planning permits and applications

4. Energy Performance Certificate: Mandatory EPC as required by Maltese law

5. Title Documentation: Copies of relevant title documents and searches

6. Payment Schedule: Detailed breakdown of payment stages and amounts

7. Land Registry Plans: Official plans and surveys from the Land Registry

8. Condition Report: Survey or condition report of the property

9. Service Charges Schedule: Details of service charges and maintenance fees for communal properties

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

Relevant legal definitions








































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Relevant Industries

Real Estate

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Risk Management

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Finance

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Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Compliance Officer

Property Developer

Investment Manager

Real Estate Investment Advisor

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Property Surveyor

Real Estate Portfolio Manager

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