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Real Estate Offer And Acceptance Contract Template for Malaysia

A legally binding document used in Malaysian property transactions that formalizes the agreement between a vendor and purchaser for the sale and purchase of real estate. This contract, governed by Malaysian law including the National Land Code 1965 and Contracts Act 1950, outlines the essential terms of the transaction including property details, purchase price, payment terms, and conditions precedent. It serves as the foundation for the property transfer process and includes specific provisions required under Malaysian property law, ensuring compliance with local regulations and protecting the interests of both parties.

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What is a Real Estate Offer And Acceptance Contract?

The Real Estate Offer And Acceptance Contract is a crucial document in Malaysian property transactions, used when a potential buyer wishes to purchase real estate from a seller. This contract type is essential in Malaysian property law and must comply with various regulations including the National Land Code 1965, Contracts Act 1950, and Stamp Act 1949. It captures all vital aspects of the property transaction, including detailed property description, purchase price, payment terms, conditions precedent, and completion requirements. The document serves as the primary agreement between parties and forms the basis for subsequent property transfer documentation. It is particularly important as it triggers various legal obligations and timelines, and its proper execution is crucial for protecting both parties' interests and ensuring a smooth property transfer process in the Malaysian legal context.

What sections should be included in a Real Estate Offer And Acceptance Contract?

1. Parties: Identification and details of the Vendor(s) and Purchaser(s), including full names, identification numbers, and addresses

2. Background: Brief context of the transaction and property ownership status

3. Definitions: Key terms used throughout the agreement including Property, Purchase Price, Completion Date, and other relevant definitions

4. Property Details: Full legal description of the property including title details, lot number, and address

5. Purchase Price: Agreed purchase price and payment terms including deposit and balance payment schedule

6. Payment Terms: Detailed breakdown of payment structure, timing, and method of payment

7. Conditions Precedent: Essential conditions that must be fulfilled before the contract becomes fully effective

8. Completion: Timeline and procedures for completing the transaction, including settlement details

9. Vendor's Obligations: Responsibilities and warranties of the seller including delivery of vacant possession

10. Purchaser's Obligations: Responsibilities of the buyer including payment obligations and due diligence

11. Default Provisions: Consequences and remedies in case of default by either party

12. Governing Law: Confirmation that the agreement is governed by Malaysian law

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

1. Strata Title Provisions: Required for apartments or condominiums under the Strata Titles Act 1985

2. Tenancy Details: Required if the property is currently tenanted

3. Property Condition: Detailed description of property condition and any agreed repairs

4. Financing Conditions: Required if purchase is subject to loan approval

5. GST Provisions: Required for commercial properties subject to GST

6. Development Orders: Required for properties under construction or pending development approval

7. Special Conditions: Any unique terms specific to the transaction

What schedules should be included in a Real Estate Offer And Acceptance Contract?

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

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms and installments

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

4. Appendix A - Title Search: Recent land title search results

5. Appendix B - Property Plans: Certified plans of the property

6. Appendix C - Special Conditions: Detailed special conditions if applicable

7. Appendix D - Required Consents: Copies of relevant authority approvals or consents

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

Jurisdiction

Malaysia

Cost

Free to use

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