The Agreement To Sell Land is a crucial legal document used in Malaysian property transactions when transferring land ownership from one party to another. This agreement is essential for both commercial and residential property transactions in Malaysia, requiring compliance with the National Land Code 1965, state-specific land rules, and other relevant legislation. The document typically includes detailed property descriptions, purchase price, payment terms, conditions precedent, warranties, and completion procedures. It serves as the primary contract protecting both parties' interests and ensuring legal compliance in land transactions. The agreement must account for unique aspects of Malaysian property law, including requirements for state authority consent where applicable, Bumiputera quotas in certain cases, and proper registration with the land office.
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1. Parties: Identification of the Vendor and Purchaser with full legal names, identification numbers, and addresses
2. Background: Recitals explaining the ownership of the land, intention to sell/purchase, and any relevant context
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core agreement to sell and purchase the property at the agreed price
5. Purchase Price: Details of the purchase price and payment terms
6. Conditions Precedent: Essential conditions that must be fulfilled before completion
7. Vendor's Representations and Warranties: Warranties about the property's title, encumbrances, and condition
8. Completion: Procedures and requirements for completing the sale
9. Default: Consequences and remedies in case of default by either party
10. Notices: Process for serving notices between parties
11. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Existing Tenancies: Required if the property has existing tenants, detailing their rights and treatment post-sale
2. Development Conditions: Needed if the land is subject to specific development requirements or restrictions
3. Environmental Matters: Include if there are environmental concerns or requirements for the land
4. Native Title Claims: Required if the land might be subject to native title claims
5. Planning Permissions: Include if specific planning permissions are required or in place
6. Spousal Consent: Required if the vendor is married and the property is matrimonial property
7. Agricultural Conditions: Include if the land is subject to agricultural conditions or restrictions
1. Property Description: Detailed description of the land including title details, lot number, and area
2. Payment Schedule: Breakdown of payment installments and timing
3. Title Particulars: Copy of land title and relevant title details
4. Encumbrances: List of existing encumbrances, charges, or caveats
5. Form 14A: Statutory transfer form under the National Land Code
6. Completion Checklist: List of documents required for completion
7. Property Plans: Site plans, building plans, or surveys if applicable
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