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Property Loan Agreement for Malaysia

Property Loan Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that establishes the terms and conditions of a property loan between a financial institution and a borrower. The agreement details the loan amount, interest rates, repayment terms, and security arrangements, while ensuring compliance with Malaysian banking regulations, including the Financial Services Act 2013 and National Land Code 1965. It incorporates necessary provisions for property mortgage, borrower obligations, default consequences, and specific requirements for property insurance and documentation under Malaysian jurisdiction.

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Property Loan Agreement

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What is a Property Loan Agreement?

The Property Loan Agreement serves as the primary legal instrument for property financing transactions in Malaysia, establishing the contractual relationship between financial institutions and property buyers. This document is essential when individuals or entities seek financing for property purchases, whether for residential, commercial, or industrial properties. It must comply with Malaysian banking regulations, including the Financial Services Act 2013, National Land Code 1965, and relevant Bank Negara Malaysia guidelines. The agreement comprehensively covers loan terms, security arrangements, borrower obligations, and lender rights, while incorporating specific Malaysian legal requirements for property transactions and mortgage creation. It may also include provisions for Islamic financing options (Shariah-compliant) where applicable, reflecting Malaysia's dual banking system.

What sections should be included in a Property Loan Agreement?

1. Parties: Identification of the lender (financial institution) and borrower(s), including full legal names and registration/identification numbers

2. Background: Context of the loan agreement, including purpose of the loan and brief description of the property being financed

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

4. Loan Amount and Purpose: Specified loan amount, purpose, and terms of disbursement

5. Interest Rate: Applicable interest rates, including base rate, spread, and conditions for rate changes

6. Repayment Terms: Payment schedule, installment amounts, and payment methods

7. Security: Details of the property mortgage and any additional security required

8. Conditions Precedent: Conditions that must be fulfilled before loan disbursement

9. Representations and Warranties: Declarations and assurances made by the borrower

10. Borrower's Covenants: Ongoing obligations and promises of the borrower

11. Events of Default: Circumstances constituting default and consequences

12. Lender's Rights and Remedies: Actions the lender can take in case of default or breach

13. Insurance: Required insurance coverage for the property and loan

14. Costs and Expenses: Allocation of legal fees, stamp duty, and other costs

15. Notices: Communication procedures between parties

16. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction

What sections are optional to include in a Property Loan Agreement?

1. Guarantee: Required when there are guarantors for the loan

2. Islamic Banking Provisions: Required for Shariah-compliant financing

3. Construction Terms: Required for loans involving property under construction

4. Joint Borrowers: Required when there are multiple borrowers

5. Supplemental Security: Required when additional collateral beyond the property is provided

6. Special Payment Terms: Required for loans with special payment arrangements or schemes

7. Developer's Undertaking: Required for loans involving property under development

8. Foreign Currency Provisions: Required for loans involving foreign currency considerations

What schedules should be included in a Property Loan Agreement?

1. Schedule 1: Property Details: Detailed description of the property including title details

2. Schedule 2: Payment Schedule: Detailed repayment schedule including installment amounts and dates

3. Schedule 3: Conditions Precedent Documents: List of required documents and conditions for loan disbursement

4. Schedule 4: Interest Rate Terms: Detailed terms of interest rate calculation and variation

5. Schedule 5: Insurance Requirements: Specific insurance requirements and terms

6. Appendix A: Standard Terms and Conditions: Bank's standard terms and conditions for property loans

7. Appendix B: Facility Terms: Specific terms of the loan facility

8. Appendix C: Security Documents: List and copies of security documents

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

Financing Agreement

Cost

Free to use
Relevant legal definitions










































Clauses






























Relevant Industries

Banking & Financial Services

Real Estate

Property Development

Insurance

Legal Services

Construction

Mortgage Services

Islamic Banking

Housing Development

Relevant Teams

Legal

Compliance

Credit Risk

Mortgage Operations

Property Valuation

Documentation Processing

Islamic Banking

Customer Relations

Loan Processing

Risk Management

Property Services

Relevant Roles

Loan Officer

Credit Manager

Legal Counsel

Compliance Officer

Property Valuer

Mortgage Specialist

Banking Operations Manager

Risk Assessment Officer

Islamic Banking Officer

Property Lawyer

Real Estate Manager

Documentation Specialist

Relationship Manager

Credit Risk Analyst

Branch Manager

Industries








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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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