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Real Property Purchase Agreement for Indonesia

Real Property Purchase Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that facilitates the transfer of real property ownership from seller to purchaser. The agreement complies with the Indonesian Civil Code (KUHPerdata) and Basic Agrarian Law (UUPA), incorporating all necessary elements for a valid property transaction in Indonesia. It details the property specifications, purchase price, payment terms, conditions precedent, representations and warranties, and completion requirements. The document includes specific provisions for property registration with the Land Office and considers unique aspects of Indonesian property law, including restrictions on foreign ownership and land use rights.

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What is a Real Property Purchase Agreement?

The Real Property Purchase Agreement is a crucial legal instrument used in Indonesian property transactions to formalize the transfer of real estate ownership. This document is essential when conducting property transactions in Indonesia, where specific legal requirements under the Basic Agrarian Law and Civil Code must be met. It serves as the primary agreement between parties, detailing all aspects of the property transfer, including purchase price, payment terms, and conditions for completion. The agreement must be executed before a Land Deed Official (PPAT) and subsequently registered with the local Land Office. It addresses unique aspects of Indonesian property law, such as different categories of land rights (Hak Milik, Hak Guna Bangunan, etc.) and restrictions on foreign ownership. The document is particularly important given Indonesia's complex property registration system and the need for clear documentation of ownership transfer.

What sections should be included in a Real Property Purchase Agreement?

1. Parties: Identification and details of the Seller and Purchaser, including their legal capacity to enter into the agreement

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

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

4. Property Details: Comprehensive description of the property, including certificate number, land area, building specifications, and boundaries

5. Purchase Price: Agreed purchase price and payment structure

6. Payment Terms: Detailed payment schedule, method of payment, and consequences of default

7. Conditions Precedent: Conditions that must be satisfied before completion of the sale

8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and legal status

9. Purchaser's Representations and Warranties: Purchaser's declarations regarding legal capacity and financial ability

10. Completion: Process and requirements for completing the transfer of property

11. Transfer of Title: Procedures for legal transfer of property ownership

12. Taxes and Costs: Allocation of transaction costs, taxes, and fees

13. Default and Termination: Consequences of breach and conditions for termination

14. Governing Law and Dispute Resolution: Applicable law and method of resolving disputes

15. Notices: Method and addresses for formal communications between parties

16. General Provisions: Standard legal provisions including amendments, severability, and entire agreement

What sections are optional to include in a Real Property Purchase Agreement?

1. Foreign Ownership Provisions: Required when purchaser is a foreign national, detailing compliance with Indonesian foreign ownership restrictions

2. Strata Title Provisions: Required for apartment or condominium purchases, including specific strata title requirements

3. Mortgage Release: Required when property has existing mortgage that needs to be discharged

4. Property Management: Required for properties within managed complexes or estates

5. Construction Completion: Required for off-plan purchases or properties under construction

6. Tenant Provisions: Required when property is currently tenanted

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

What schedules should be included in a Real Property Purchase Agreement?

1. Property Description Schedule: Detailed technical description of the property, including exact measurements and boundaries

2. Payment Schedule: Detailed breakdown of payment installments and due dates

3. Title Documents: Copies of land certificates and other ownership documents

4. Property Plans: Site plans, floor plans, and building plans

5. Due Diligence Results: Results of property searches and inspections

6. Inventory List: List of fixtures, fittings, and furniture included in the sale

7. Required Permits: Copies of relevant permits and certificates

8. Power of Attorney: If applicable, power of attorney documentation for either party

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use

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