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Equity Release Agreement for Malaysia

Equity Release Agreement Template for Malaysia

This document is a comprehensive Equity Release Agreement governed by Malaysian law, enabling property owners to access the equity in their property while retaining the right to reside there. The agreement details the terms and conditions under which the equity release provider will advance funds against the property's value, including interest rates, repayment terms, property maintenance requirements, and the rights and obligations of all parties. It incorporates provisions compliant with Malaysian financial services regulations, property law, and consumer protection requirements, ensuring proper protection for both the financial institution and the property owner.

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Equity Release Agreement

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What is a Equity Release Agreement?

This Equity Release Agreement is designed for use in Malaysia when property owners wish to access the equity in their property without selling or moving out. The document is particularly relevant for older homeowners seeking to supplement their retirement income or meet specific financial needs. It includes detailed provisions covering the financial arrangement, property rights, consumer protections, and compliance with Malaysian financial services regulations and property laws. The agreement comprehensively addresses key aspects such as property valuation, interest calculations, maintenance requirements, and termination conditions, while ensuring compliance with the Financial Services Act 2013 and related Malaysian legislation. Special attention is given to consumer protection measures and risk disclosures, reflecting the complex nature of equity release products and their long-term implications.

What sections should be included in a Equity Release Agreement?

1. Parties: Identification of the equity release provider and the property owner(s)

2. Background: Context of the agreement, including brief description of the equity release scheme and its purpose

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

4. The Property: Detailed description of the property subject to the equity release arrangement

5. Amount of Equity Release: Specification of the amount being released and payment terms

6. Term and Duration: Period of the agreement and conditions for termination

7. Interest and Charges: Details of interest rates, fees, and other charges applicable

8. Security and Property Rights: Terms regarding the security over the property and retained rights of the owner

9. Owner's Obligations: Responsibilities of the property owner including maintenance and insurance requirements

10. Provider's Obligations: Responsibilities and commitments of the equity release provider

11. Risk Disclosure: Detailed disclosure of risks associated with the equity release arrangement

12. Early Repayment: Terms and conditions for early repayment of the equity release

13. Events of Default: Circumstances constituting default and consequences

14. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction details

What sections are optional to include in a Equity Release Agreement?

1. Joint Owners Provisions: Additional terms for cases where the property has multiple owners

2. Occupier's Rights: Terms regarding rights of other occupants of the property, used when there are other residents besides the owner

3. Power of Attorney: Provisions for cases where a power of attorney is involved in managing the agreement

4. Inheritance Protection: Optional provisions for protecting potential inheritance, if requested by the owner

5. Moving Home Provisions: Terms for transferring the agreement to a new property, if this feature is offered

6. Care Home Provisions: Special terms for cases where the owner may need to move to a care facility

7. Additional Borrowing: Terms for potential future borrowing against the property, if this feature is offered

What schedules should be included in a Equity Release Agreement?

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

2. Schedule 2 - Financial Terms: Detailed breakdown of financial terms including interest calculations and payment schedules

3. Schedule 3 - Property Maintenance Requirements: Specific requirements for maintaining the property during the agreement term

4. Schedule 4 - Insurance Requirements: Details of required insurance coverage for the property

5. Schedule 5 - Early Repayment Calculations: Formula and examples for calculating early repayment charges

6. Appendix A - Risk Disclosure Statement: Detailed statement of risks in prescribed format

7. Appendix B - Independent Legal Advice Certificate: Certificate confirming the owner has received independent legal advice

8. Appendix C - Property Valuation Report: Summary of the professional valuation of the property

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

Equity Agreement

Cost

Free to use
Relevant legal definitions






































Clauses




























Relevant Industries

Financial Services

Banking

Real Estate

Legal Services

Insurance

Senior Care Services

Wealth Management

Property Management

Relevant Teams

Legal

Compliance

Risk Management

Property Services

Product Development

Customer Relations

Credit Assessment

Documentation

Wealth Management

Operations

Relevant Roles

Legal Counsel

Financial Services Manager

Compliance Officer

Risk Manager

Property Valuation Specialist

Senior Relationship Manager

Product Development Manager

Consumer Protection Officer

Mortgage Specialist

Financial Advisor

Contract Administrator

Legal Documentation Specialist

Senior Credit 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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