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Selling Home By Owner Contract for Malta

Selling Home By Owner Contract Template for Malta

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Selling Home By Owner Contract

"I need a Selling Home By Owner Contract for my villa in Sliema, Malta, with completion planned for March 2025; the sale needs to include all existing furniture and appliances, with a special clause about maintaining the historical features of the property."

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Selling Home By Owner Contract

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What is a Selling Home By Owner Contract?

The Selling Home By Owner Contract is designed for use in Malta when property owners wish to sell their property directly without engaging a real estate agent. This document type emerged from the need to provide property owners with a legally sound framework for private sales while ensuring compliance with Maltese property law. It includes all necessary provisions required by Maltese legislation, including notarial requirements, stamp duty considerations, and property transfer regulations. The contract is particularly relevant in today's real estate market where many property owners seek to manage their own sales while maintaining legal compliance. The document ensures all essential elements of the property sale are properly documented, from initial agreement through to completion, while protecting both seller's and buyer's interests under Maltese law.

What sections should be included in a Selling Home By Owner Contract?

1. Parties: Identification of the Seller and Buyer with full legal names, ID numbers, and addresses as required under Maltese law

2. Background: Brief context of the sale, including property ownership history and intention to transfer

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

4. Property Details: Complete legal description of the property, including address, boundaries, and registration details as per Land Registry requirements

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

6. Completion: Details of the completion process, including notarial deed requirements and timing

7. Seller's Representations and Warranties: Seller's confirmations about property ownership, condition, and absence of encumbrances

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

9. Taxes and Costs: Allocation of stamp duty, notarial fees, and other transaction costs

10. Risk and Insurance: Transfer of risk and insurance responsibilities

11. Notarial Requirements: Specific requirements for notarial deed and completion under Maltese law

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

13. Governing Law: Confirmation of Maltese law governance and jurisdiction

14. Execution: Signature blocks and witnessing requirements

What sections are optional to include in a Selling Home By Owner Contract?

1. Tenant Rights: Required if the property is currently leased, detailing tenant rights and notice requirements

2. Planning Permits: Needed if the property has pending planning applications or recent modifications

3. Furniture and Fixtures: Used when the sale includes specific furniture or fixtures

4. Pool/Garden Maintenance: Required for properties with swimming pools or extensive gardens, detailing maintenance obligations until completion

5. Mortgage Details: Necessary if there's an existing mortgage to be discharged

6. Service Contracts: Required if any service contracts (maintenance, security etc.) are being transferred

7. Renovation Agreement: Used when specific renovations are agreed to be completed before transfer

What schedules should be included in a Selling Home By Owner Contract?

1. Property Plan: Detailed plans and drawings of the property as registered with the Land Registry

2. Inventory List: Detailed list of any furniture, fixtures, and fittings included in the sale

3. Energy Performance Certificate: Mandatory EPC as required by Maltese regulations

4. Land Registry Documents: Copies of relevant Land Registry documentation and searches

5. Payment Schedule: Detailed breakdown of payment installations if applicable

6. Property Photographs: Documentation of property condition at time of agreement

7. Permits and Certificates: Copies of relevant planning permits, compliance certificates, and other official documentation

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








































Clauses



































Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Development

Construction

Insurance

Property Management

Professional Services

Relevant Teams

Legal

Real Estate

Conveyancing

Property Management

Compliance

Document Control

Administrative Support

Risk Management

Banking Operations

Relevant Roles

Property Owner

Legal Counsel

Notary Public

Property Lawyer

Conveyancing Officer

Bank Manager

Mortgage Advisor

Property Valuator

Legal Administrator

Compliance Officer

Document Controller

Property Manager

Title Researcher

Legal Secretary

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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