The Mortgage Purchase Contract is a crucial document used in Malaysian property transactions where financing is required for the purchase. This document serves a dual purpose: it establishes the terms of the property purchase between the vendor and purchaser while simultaneously documenting the mortgage arrangement with the financing institution. The agreement must comply with Malaysian property and banking laws, including the National Land Code 1965 and Financial Services Act 2013, and can be structured to accommodate both conventional and Islamic banking requirements. It typically includes detailed provisions about the property, purchase price, mortgage terms, payment schedules, and completion requirements, making it essential for property transactions involving institutional financing in Malaysia.
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1. Parties: Identification of the purchaser, seller, and any financial institutions involved in the mortgage transaction
2. Background: Context of the transaction, including brief property description and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property, including title details, land area, and building specifications
5. Purchase Price: Statement of the total purchase price and payment structure
6. Mortgage Terms: Details of the mortgage financing, including principal amount, interest rate, and repayment terms
7. Conditions Precedent: Conditions that must be satisfied before completion of the purchase
8. Completion: Process and requirements for completing the transaction
9. Representations and Warranties: Statements of fact and assurances from both parties
10. Covenants: Ongoing obligations of both parties during the mortgage term
11. Default and Remedies: Events of default and available remedies for both parties
12. Notices: Process for formal communications between parties
13. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Islamic Banking Compliance: Required when the mortgage follows Islamic banking principles, including relevant Shariah compliance declarations
2. Property Insurance: Detailed insurance requirements if not covered in the main mortgage terms
3. Assignment of Rights: Required when there's an assignment of rights to a third party
4. Developer's Consent: Required for properties still under construction or within developer's restriction period
5. Strata Title Provisions: Required for apartments or condominiums with strata titles
6. Power of Attorney: Optional section granting specific powers to act on behalf of a party
7. Valuation: Required when specific valuation terms need to be included in the main agreement
1. Property Schedule: Detailed property description, including lot number, title details, and encumbrances
2. Payment Schedule: Breakdown of payment terms, installments, and due dates
3. Completion Requirements: Checklist of documents and actions required for completion
4. Form of Transfer: Template for the property transfer document
5. Special Conditions: Any special terms or conditions specific to the transaction
6. Prescribed Information: Standard information required under Malaysian property laws
7. Property Certificate: Current title search results and encumbrance details
8. Vendor's Documents: List of documents to be delivered by the vendor
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking and Financial Services
Legal Services
Property Development
Islamic Banking
Insurance
Construction
Property Management
Relevant Teams
Legal
Real Estate
Mortgage Services
Compliance
Risk Management
Islamic Banking
Property Development
Financial Services
Conveyancing
Customer Relations
Relevant Roles
Legal Counsel
Property Lawyer
Bank Manager
Mortgage Officer
Real Estate Agent
Property Developer
Compliance Officer
Islamic Banking Officer
Risk Manager
Property Valuer
Title Search Officer
Conveyancing Executive
Financial Advisor
Property Manager
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