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Real Estate Contract for Malaysia

Real Estate Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that facilitates the transfer of real property ownership between parties. This document complies with the National Land Code 1965 and relevant state legislation, incorporating essential elements such as property details, purchase price, payment terms, and completion requirements. It includes specific provisions for property transfer in Malaysia, addressing unique aspects such as bumiputera ownership restrictions where applicable, state consent requirements, and local property registration procedures. The contract ensures all necessary legal safeguards are in place while meeting the requirements of Malaysian land offices and regulatory authorities.

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Real Estate Contract

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What is a Real Estate Contract?

The Real Estate Contract serves as the primary legal instrument for property transactions in Malaysia, essential for both residential and commercial property transfers. It is designed to comply with Malaysian property laws, including the National Land Code 1965, Contracts Act 1950, and state-specific regulations. This document is used when transferring property ownership, whether for individual homes, commercial buildings, or land parcels. It contains crucial elements such as property details, purchase price, payment terms, conditions precedent, and completion requirements. The contract accommodates various transaction types while ensuring compliance with local requirements such as foreign ownership restrictions, state authority consent requirements, and proper registration procedures at local land offices. It provides comprehensive protection for both vendors and purchasers while maintaining adherence to Malaysian legal standards and property transfer protocols.

What sections should be included in a Real Estate Contract?

1. Parties: Identification of the vendor(s) and purchaser(s) with full legal names, identification numbers, and addresses as required by Malaysian law

2. Background: Context of the transaction including brief property description and intention to sell/purchase

3. Definitions: Definitions of key terms used throughout the agreement, including statutory terms from Malaysian property laws

4. Property Details: Comprehensive legal description of the property as per the land title, including lot number, title number, and municipality details

5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements in accordance with Malaysian banking regulations

6. Payment Terms: Detailed payment schedule, including deposit, progressive payments if applicable, and completion payment

7. Conditions Precedent: Conditions that must be fulfilled before completion, including property and title searches

8. Vendor's Obligations: Responsibilities of the vendor including delivering vacant possession and ensuring clean title

9. Purchaser's Obligations: Responsibilities of the purchaser including payment obligations and due diligence requirements

10. Completion: Details of the completion process, including timing, location, and documentation requirements

11. Title and Transfer: Provisions regarding transfer of title and registration process at the land office

12. Representations and Warranties: Standard warranties about property ownership, encumbrances, and condition

13. Default and Termination: Consequences of default by either party and termination provisions

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

What sections are optional to include in a Real Estate Contract?

1. Tenant Provisions: Required if the property is currently tenanted, addressing handover of tenancy deposits and documentation

2. Foreign Ownership: Required for foreign purchasers, including compliance with Malaysian foreign ownership restrictions

3. Property Management: Required for stratified properties, addressing maintenance fees and sinking fund obligations

4. Developer's Obligations: Required for new properties purchased directly from developers, including construction completion and defect liability

5. GST Provisions: Required if the transaction is subject to Goods and Services Tax

6. Strata Title: Required for properties pending strata title issuance

7. Planning Permissions: Required for land or commercial properties requiring specific usage permissions

8. Bank Consent: Required if the property has existing charges requiring discharge from the current financier

What schedules should be included in a Real Estate Contract?

1. Schedule 1 - Property Description: Detailed property particulars including lot number, title details, and land area

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms and milestone payments if applicable

3. Schedule 3 - Property Inventory: List of fixtures, fittings, and furnishings included in the sale

4. Schedule 4 - Title Particulars: Copy of land title and relevant land office information

5. Schedule 5 - Encumbrances: List of existing encumbrances, charges, or caveats on the property

6. Appendix A - Property Plans: Floor plans, location maps, and land survey plans

7. Appendix B - Regulatory Approvals: Copies of relevant permits, certificates, and approvals

8. Appendix C - Completion Documents: List of documents required for completion

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

Purchase Agreement

Cost

Free to use
Relevant legal definitions






































Clauses






























Relevant Industries

Residential Real Estate

Commercial Real Estate

Industrial Real Estate

Property Development

Banking and Finance

Legal Services

Property Management

Construction

Real Estate Investment

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Business Development

Risk Management

Finance

Operations

Customer Service

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Executive

Property Developer

Bank Manager

Property Manager

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Property Valuer

Land Administrator

Title Insurance Officer

Real Estate Broker

Property Acquisition Manager

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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