The House Loan Agreement serves as the primary legal instrument for property financing in Malaysia, establishing the contractual relationship between financial institutions and property buyers. This document is essential when individuals or entities seek financing for residential property purchases, whether for completed properties or those under construction. The agreement must comply with Malaysian banking regulations, including the Financial Services Act 2013 and, where applicable, the Islamic Financial Services Act 2013. It details crucial elements such as loan amount, interest rates/profit rates, repayment terms, security arrangements, and borrower obligations. The document's structure accommodates Malaysia's unique dual banking system, allowing for both conventional and Islamic financing options, and incorporates necessary consumer protections and property laws specific to the Malaysian jurisdiction.
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1. Parties: Identifies the lender (financial institution) and borrower(s) with their full details
2. Background: Describes the context of the loan application and property purchase
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the approved loan amount and its intended use for property purchase
5. Interest Rate: Details the applicable interest rate, whether fixed or floating, and basis of calculation
6. Repayment Terms: Specifies monthly installment amounts, repayment period, and payment mechanisms
7. Security: Details the creation of charge/mortgage over the property as security
8. Conditions Precedent: Lists conditions that must be fulfilled before loan disbursement
9. Representations and Warranties: Borrower's declarations regarding their capacity and financial status
10. Borrower's Covenants: Ongoing obligations of the borrower during the loan tenure
11. Events of Default: Circumstances constituting default and consequences thereof
12. Bank's Rights and Remedies: Actions bank can take in case of default or breach
13. Insurance: Requirements for property insurance and mortgage reducing term assurance
14. Costs and Expenses: Allocation of legal fees, stamp duties, and other costs
15. Notices: Methods and addresses for official communications
16. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Islamic Banking Provisions: Required when the loan is structured as an Islamic financing facility, detailing Shariah-compliant terms
2. Guarantee: Required when there are guarantors for the loan, detailing guarantor obligations
3. Construction Terms: Required for properties under construction, detailing progressive disbursement terms
4. Additional Security: Required when additional collateral besides the property is provided
5. Developer's Terms: Required for new properties purchased directly from developers
6. Subsidies and Incentives: Required when government schemes or developer subsidies are involved
7. Joint Borrowers: Required when there are multiple borrowers, detailing joint and several liability
1. Property Details: Detailed description of the property including title particulars
2. Loan Terms Summary: Key financial terms including loan amount, interest rate, tenure, and installment amount
3. Conditions Precedent Checklist: List of documents and conditions required before disbursement
4. Disbursement Schedule: Timeline and conditions for loan disbursement, especially relevant for properties under construction
5. Fee Schedule: Breakdown of all applicable fees, charges, and costs
6. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
7. Payment Schedule: Amortization table showing monthly payments and interest calculations
8. Standard Terms and Conditions: Bank's standard terms and conditions for housing loans
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Legal Services
Insurance
Construction and Development
Property Management
Financial Technology
Islamic Banking
Relevant Teams
Legal
Mortgage Processing
Credit Risk
Compliance
Operations
Islamic Banking
Documentation
Property Valuation
Customer Service
Business Development
Retail Banking
Relevant Roles
Legal Counsel
Loan Officer
Mortgage Specialist
Compliance Officer
Risk Manager
Property Valuer
Banking Operations Manager
Islamic Banking Specialist
Credit Analyst
Document Controller
Relationship Manager
Branch Manager
Legal Documentation Officer
Property Lawyer
Banking Executive
Financial Advisor
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