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Agreement For Sale Of Mortgaged Property for Malaysia

Agreement For Sale Of Mortgaged Property Template for Malaysia

A legal document governed by Malaysian law that facilitates the sale of a property that is currently under mortgage. This agreement ensures compliance with the National Land Code 1965 and other relevant Malaysian legislation, structuring the transaction to protect the interests of the seller, purchaser, and the mortgagee bank. The document outlines the terms of sale, payment mechanisms, process for discharge of the existing mortgage, and completion procedures, while incorporating necessary safeguards and conditions precedent to ensure a smooth transfer of property ownership.

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Agreement For Sale Of Mortgaged Property

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What is a Agreement For Sale Of Mortgaged Property?

The Agreement For Sale Of Mortgaged Property is a specialized legal instrument used in Malaysian property transactions where the subject property is encumbered by an existing mortgage. This document is essential when a property owner wishes to sell their mortgaged property while ensuring proper discharge of the existing mortgage and protection of all parties' interests. The agreement must comply with Malaysian legislation, particularly the National Land Code 1965, Contracts Act 1950, and relevant banking regulations. It includes comprehensive provisions for payment arrangements, mortgage discharge procedures, conditions precedent, and completion requirements. This document type is commonly used in both residential and commercial property transactions and requires careful coordination between the seller, purchaser, and the mortgagee bank to ensure successful completion of the sale.

What sections should be included in a Agreement For Sale Of Mortgaged Property?

1. Parties: Identification of the Seller, Purchaser, and existing Mortgagee Bank

2. Background: Recitals explaining the current ownership, existing mortgage details, and intention to sell

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

4. Sale and Purchase: Core terms of the sale including purchase price and property details

5. Payment Terms: Structure and timing of payments, including deposit and balance payment arrangements

6. Discharge of Mortgage: Process and obligations regarding the discharge of existing mortgage

7. Conditions Precedent: Prerequisites to be fulfilled before completion

8. Completion: Procedures and requirements for completing the sale

9. Seller's Representations and Warranties: Seller's declarations regarding the property and their authority to sell

10. Purchaser's Representations and Warranties: Purchaser's declarations regarding their capacity to purchase

11. Default and Termination: Consequences of default and termination rights

12. Costs and Stamp Duty: Allocation of legal costs, stamp duties, and other expenses

What sections are optional to include in a Agreement For Sale Of Mortgaged Property?

1. Vacant Possession: Terms for delivering vacant possession, used when property is currently occupied

2. Rental Income: Provisions regarding existing tenancies and rental income, applicable for tenanted properties

3. Property Management: Responsibilities for property management during the transition period

4. Islamic Finance Compliance: Additional provisions for Shariah compliance, if applicable

5. Third Party Consents: Requirements for obtaining consents from relevant authorities or third parties

6. Tax Matters: Special tax considerations or arrangements, if applicable

7. Insurance: Provisions regarding property insurance during the transition period

What schedules should be included in a Agreement For Sale Of Mortgaged Property?

1. Property Details: Detailed description of the property including title particulars and encumbrances

2. Payment Schedule: Detailed breakdown of payment terms and installments

3. Completion Documents: List of documents required for completion

4. Existing Tenancies: Details of any existing tenancy agreements

5. Form of Transfer: Prescribed form for transfer of title

6. Outstanding Payments: List of outstanding payments related to the property

7. Condition Report: Current condition of the property and any included fixtures/fittings

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

Jurisdiction

Malaysia

Document Type

Sale Agreement

Cost

Free to use
Relevant legal definitions































Clauses





























Relevant Industries

Real Estate

Banking

Financial Services

Legal Services

Property Development

Construction

Investment

Housing Development

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Compliance

Banking Operations

Mortgage Services

Property Development

Investment

Document Management

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Bank Manager

Mortgage Officer

Property Officer

Conveyancing Executive

Legal Executive

Compliance Officer

Real Estate Agent

Property Developer

Investment Manager

Banking Executive

Title Officer

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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