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Registered Agreement For Sale for Indonesia

Registered Agreement For Sale Template for Indonesia

A legally binding document under Indonesian law that formalizes the sale and purchase of real property between parties. This agreement must be registered with the relevant authorities and typically requires execution before a Land Deed Official (PPAT). It details the complete terms of the property sale, including property specifications, purchase price, payment terms, and conditions for transfer of ownership. The document ensures compliance with Indonesian property laws, including the Basic Agrarian Law (UUPA) and related regulations, while protecting both buyer's and seller's interests through clearly defined rights and obligations.

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What is a Registered Agreement For Sale?

The Registered Agreement For Sale is a crucial legal document in Indonesian property transactions, essential for both residential and commercial property transfers. It serves as the primary contract documenting the terms and conditions of property sales, requiring registration with relevant authorities and execution before a Land Deed Official (PPAT) to be legally binding. This document is mandatory under Indonesian law for property transfers and must comply with various regulations including the Basic Agrarian Law (UUPA), Land Registration regulations, and relevant tax laws. It includes comprehensive details about the property, parties involved, payment terms, and conditions for ownership transfer, while also addressing specific requirements for foreign ownership if applicable. The agreement provides legal protection for all parties and serves as the basis for property title transfer registration in the National Land Office.

What sections should be included in a Registered Agreement For Sale?

1. Parties: Full legal names, addresses, and details of the seller and purchaser, including their legal capacity to enter into the agreement

2. Background: Context of the sale, brief description of the property, and intention of the parties to enter into the sale transaction

3. Definitions: Definitions of key terms used throughout the agreement for clarity and legal certainty

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

5. Purchase Price: Agreed purchase price, payment schedule, and method of payment

6. Payment Terms: Detailed payment structure including deposits, installments, and final payment arrangements

7. Conditions Precedent: Conditions that must be fulfilled before the agreement becomes fully effective

8. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and other property-related guarantees

9. Buyer's Warranties: Warranties regarding financial capacity and compliance with relevant laws

10. Completion: Process and requirements for completing the sale, including documentation and registration requirements

11. Transfer of Title: Procedures and obligations for legally transferring the property title

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

13. Default and Termination: Consequences of default and circumstances allowing termination

14. Governing Law: Confirmation of Indonesian law as governing law and jurisdiction

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Registered Agreement For Sale?

1. Mortgage Details: Include when the purchase involves bank financing or mortgage arrangements

2. Property Inspection: Include when specific inspection conditions or findings need to be documented

3. Tenant Rights: Include when the property is currently leased or has existing tenants

4. Foreign Ownership Provisions: Include when the buyer is a foreign national, addressing specific requirements under Indonesian law

5. Development Conditions: Include for properties under construction or requiring development

6. Strata Title Provisions: Include for apartments or properties under strata title

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

8. Force Majeure: Include when specific circumstances beyond parties' control need to be addressed

What schedules should be included in a Registered Agreement For Sale?

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

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

3. Title Documents: Copies of relevant property certificates and ownership documents

4. Property Plans: Site plans, building plans, and technical drawings

5. Due Diligence Results: Results of legal and technical due diligence investigations

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

7. Tax Calculations: Detailed breakdown of applicable taxes and duties

8. Required Permits: Copies of relevant permits and licenses

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

Document Type

Contract to Sell

Cost

Free to use

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