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Real Estate Sales Contract Form for Malta

Real Estate Sales Contract Form Template for Malta

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Real Estate Sales Contract Form

"I need a Real Estate Sales Contract Form for the purchase of a commercial property in Valletta, Malta, with completion scheduled for March 2025, which includes specific provisions for existing tenant rights and the transfer of current business permits."

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Real Estate Sales Contract Form

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What is a Real Estate Sales Contract Form?

The Real Estate Sales Contract Form is a crucial legal document used in Malta for property transactions between vendors and purchasers. It serves as the definitive agreement following the preliminary promise of sale agreement (konvenju) and must comply with Chapter 16 of the Civil Code of Malta and related legislation. This document is essential for any property sale in Malta, whether residential or commercial, and must be executed in the presence of a Notary Public. The contract includes comprehensive details about the property, parties involved, purchase price, payment terms, warranties, and tax obligations. It also addresses specific Maltese legal requirements such as duty on documents, energy performance certificates, and land registry requirements. The document is designed to protect both parties' interests while ensuring compliance with all relevant Maltese and EU regulations governing property transactions.

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

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 reference to any promise of sale agreement (konvenju) and its date

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

4. Property Description: Detailed description of the property including address, boundaries, measurements, and reference to land registry details as per Maltese requirements

5. Sale and Purchase: Core agreement for the sale and purchase, including the transfer of title and possession

6. Purchase Price: Statement of the purchase price, payment terms, deposit arrangements, 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 permissions, and other legal requirements

9. Tax and Duty Obligations: Specification of responsibility for stamp duty, capital gains tax, and other applicable taxes

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

11. Notices: Process and addresses for serving formal notices between parties

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

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

1. Conditions Precedent: Used when the sale is subject to specific conditions such as bank financing or planning permissions

2. Tenure and Title: Required when the property has specific tenure arrangements or title conditions that need to be addressed

3. Property Contents: Included when the sale includes furniture or fittings

4. Energy Performance: Required when an Energy Performance Certificate needs to be referenced as per EU regulations

5. Development Permissions: Needed for properties under construction or requiring specific development permits

6. Condominium Rules: Required for apartments or properties in shared buildings

7. Ground Rent: Necessary when the property is subject to ground rent

8. Third Party Rights: Required when there are existing tenants or other third-party rights affecting the property

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

1. Property Plans: Official plans and drawings of the property as registered with the Land Registry

2. Property Inventory: List of included furniture and fittings if applicable

3. Title Documents: Copies of relevant title documents and searches

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

5. Energy Performance Certificate: Copy of the current Energy Performance Certificate

6. Payment Schedule: Detailed breakdown of payment terms if payment is to be made in installments

7. Konvenju: Copy of the promise of sale agreement

8. Land Registry Search: Results of official land registry searches

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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