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Residential Real Estate Purchase Contract for Malaysia

Residential Real Estate Purchase Contract Template for Malaysia

A comprehensive legal agreement governed by Malaysian law, specifically designed for the purchase and sale of residential real estate properties in Malaysia. This document incorporates requirements from the National Land Code 1965, Housing Development Acts, and relevant state-specific regulations. It details the terms and conditions of the property transfer, including purchase price, payment terms, property specifications, warranties, and completion requirements. The agreement accounts for Malaysia's dual legal system and can accommodate both conventional and Islamic financing arrangements, while ensuring compliance with foreign ownership restrictions where applicable.

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Residential Real Estate Purchase Contract

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What is a Residential Real Estate Purchase Contract?

The Residential Real Estate Purchase Contract serves as the primary legal instrument for residential property transactions in Malaysia. It is essential for documenting the terms and conditions of property transfers between sellers and buyers, ensuring compliance with Malaysian property laws, including the National Land Code 1965 and state-specific regulations. This document is required for all residential property purchases, whether involving landed properties, apartments, or condominiums. It must address specific Malaysian legal requirements such as land title registration, foreign ownership restrictions where applicable, and can accommodate both conventional and Islamic financing arrangements. The contract typically includes detailed property descriptions, payment terms, conditions precedent, warranties, and completion requirements, while also incorporating necessary provisions for stamp duty payments and regulatory compliance.

What sections should be included in a Residential Real Estate Purchase Contract?

1. Parties: Identification of buyer and seller with full legal names, identification numbers, and addresses as required under Malaysian law

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Definitions of key terms used throughout the agreement, including Malaysian legal terminology

4. Property Details: Comprehensive description of the property including lot number, title details, and land office registration information

5. Purchase Price: Agreed purchase price and payment terms, including deposit requirements and completion payment

6. Payment Terms: Detailed breakdown of payment schedule, method of payment, and banking details

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

8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and compliance with local regulations

9. Buyer's Representations and Warranties: Buyer's declarations regarding capacity to purchase and compliance with foreign ownership restrictions if applicable

10. Completion: Requirements and procedures for completion of the sale, including documentation and registration requirements

11. Default and Termination: Consequences of default by either party and circumstances for contract termination

12. Stamp Duty and Costs: Allocation of stamp duty, legal fees, and other transaction costs

13. Notices: Process for serving notices between parties

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

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

1. Foreign Ownership Approval: Required when buyer is a foreign national, detailing necessary approvals under Malaysian law

2. Shariah Compliance: Required for Islamic financing arrangements or when parties require Shariah-compliant terms

3. Strata Title Provisions: Required for apartments or condominiums, including management corporation rules and shared facilities

4. Tenancy Details: Required if property is currently tenanted, addressing existing tenancy arrangements

5. Developer's Provisions: Required for new properties purchased directly from developer

6. Property Insurance: Optional section detailing insurance requirements and arrangements

7. Renovation and Alterations: Required when specific agreements about property modifications are needed

8. Agent Commission: Required when real estate agents are involved in the transaction

What schedules should be included in a Residential Real Estate Purchase Contract?

1. Property Schedule: Detailed property description, including boundary plans and land office references

2. Title Details: Copy of land title or strata title particulars

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

4. Payment Schedule: Detailed breakdown of payment installments and timing

5. Property Certificates: Relevant certificates including Certificate of Fitness, strata title

6. Land Office Forms: Standard transfer forms required by Malaysian Land Office

7. Property Photos: Photographic documentation of property condition

8. Encumbrances Schedule: List of existing charges, caveats, or other encumbrances

9. Approvals Schedule: Copies of relevant governmental or regulatory approvals

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

Use Agreement

Cost

Free to use
Relevant legal definitions































Clauses






























Relevant Industries

Real Estate

Residential Property

Legal Services

Banking and Finance

Property Development

Insurance

Property Management

Construction

Public Administration

Relevant Teams

Legal

Real Estate

Property Management

Sales

Compliance

Risk Management

Finance

Operations

Customer Service

Business Development

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Lawyer

Property Developer

Bank Manager

Mortgage Officer

Property Valuer

Legal Counsel

Compliance Officer

Land Administrator

Property Manager

Sales Director

Real Estate Broker

Title Officer

Contract Administrator

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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