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Real Estate Sales Contract for Malta

Real Estate Sales Contract Template for Malta

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Real Estate Sales Contract

"I need a Real Estate Sales Contract under Maltese law for the sale of my residential apartment in Sliema to a non-EU buyer, with completion planned for March 2025 and including furniture as listed in the inventory."

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Real Estate Sales Contract

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What is a Real Estate Sales Contract?

The Real Estate Sales Contract is a fundamental legal document used in Malta for property transactions, essential for both residential and commercial property transfers. It must comply with Malta's Civil Code (Chapter 16) and related legislation, including specific requirements for property transfers, tax obligations, and anti-money laundering regulations. This contract type is required whenever real estate property is being transferred from one party to another in Malta, whether the parties are individuals or companies, residents or non-residents. The document includes crucial details about the property, parties involved, financial terms, warranties, and completion requirements, while ensuring compliance with both local and EU regulations. It serves as the definitive agreement for property transfer and must be executed in the presence of a Notary Public as required by Maltese law.

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

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

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

3. Definitions: Key terms used throughout the agreement, including Property, Completion Date, Deposit, and other relevant terms

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

5. Purchase Price: Total consideration and payment structure, including deposit amounts and payment schedules

6. Payment Terms: Detailed breakdown of payment method, installments, and timing of payments

7. Completion: Conditions and procedures for completion of sale, including timing and location of final deed signing

8. Vendor's Warranties: Legal warranties regarding property ownership, encumbrances, and condition as required by Maltese law

9. Property Condition: Current state of the property and any known defects or issues

10. Taxes and Expenses: Allocation of stamp duty, notarial fees, and other transaction costs

11. Possession: Terms for delivering possession and keys to the property

12. Risk and Insurance: Transfer of risk and insurance obligations

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

14. Notices: Process for formal communications between parties

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

1. AML Compliance: Required when either party is a high-risk person or transaction exceeds certain thresholds under Maltese AML regulations

2. Foreign Investment: Required when purchaser is non-Maltese, addressing special permits and requirements

3. Development Conditions: Used when property is under construction or requires development

4. Mortgage Arrangements: Required when purchase involves bank financing

5. Special Designations: Required for properties in Special Designated Areas or with special planning restrictions

6. Rental Agreements: Required when property is subject to existing tenancies

7. Energy Performance: Required for properties needing energy performance certification under EU regulations

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

1. Property Plans: Architectural plans, site plans, and measurements of the property

2. Title Documents: Copies of relevant title and ownership documents

3. Inventory: List of included fixtures, fittings, and furniture if applicable

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

5. Energy Performance Certificate: Current EPC as required by EU regulations

6. Payment Schedule: Detailed breakdown of payment installments and timing

7. Land Registry Extract: Official property registration details and plan

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

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

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Legal Counsel

Real Estate Lawyer

Property Manager

Real Estate Agent

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Notary Public

Property Developer

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