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Real Estate Contract
I need a real estate contract for the purchase of a residential property in Kuala Lumpur, including clauses for a 10% deposit, a 90-day completion period, and a contingency for financing approval. The contract should also address property inspection rights and include a clause for resolving disputes through arbitration.
What is a Real Estate Contract?
A Real Estate Contract is a legally binding agreement between a property buyer and seller in Malaysia that sets out the terms of their property transaction. It spells out essential details like the purchase price, payment schedule, and closing date, following requirements under the National Land Code 1965 and Contracts Act 1950.
The contract protects both parties by clearly stating their rights and responsibilities during the sale process. It typically includes key conditions about property inspections, financing arrangements, and the handling of earnest money deposits. Once signed, this agreement becomes the main reference point for completing the property transfer through the land office.
When should you use a Real Estate Contract?
Use a Real Estate Contract anytime you're buying or selling property in Malaysia. This document becomes essential right from the moment you agree on a price锟斤拷锟絙efore any money changes hands or ownership transfers. It protects both parties during the critical period between agreeing to the sale and completing it at the land office.
The contract proves especially valuable when dealing with property modifications, special payment terms, or specific conditions about the property's condition. Malaysian law requires these agreements for all property transactions, and having one in place helps prevent disputes about deposit amounts, completion dates, or included fixtures and fittings.
What are the different types of Real Estate Contract?
- Contract To Sell Property: The standard agreement for straightforward property sales, outlining basic terms and conditions
- Commercial Rental Agreement: Specialized for business property leases, including specific terms for commercial use
- Residential Property Lease Agreement: Focuses on home rentals with tenant protection clauses
- Property Co Ownership Agreement: Manages shared property ownership rights and responsibilities
- Wholesale Real Estate Contract: Used for bulk property deals or quick-flip transactions between investors
Who should typically use a Real Estate Contract?
- Property Buyers and Sellers: The main parties who sign the Real Estate Contract and are bound by its terms
- Real Estate Agents: Help negotiate terms and facilitate the agreement between parties
- Property Lawyers: Draft and review contracts, ensure compliance with Malaysian property laws
- Banks and Financial Institutions: Review contracts when providing mortgages or financing
- Land Office Officials: Process the transfer of ownership based on contract terms
- Property Developers: Use contracts for new development sales under the Housing Development Act
How do you write a Real Estate Contract?
- Property Details: Gather exact property address, lot number, and land title details from the land office
- Party Information: Collect full legal names, IC numbers, and contact details of all buyers and sellers
- Purchase Terms: Document agreed price, payment schedule, and deposit amount
- Title Search: Verify current ownership and check for any encumbrances or restrictions
- Special Conditions: List any specific requirements about property condition or included items
- Completion Timeline: Set realistic dates for payment, documentation, and property handover
- Template Selection: Use our platform to generate a legally-compliant contract that includes all required elements
What should be included in a Real Estate Contract?
- Property Description: Full legal description including lot number, title details, and exact boundaries
- Party Details: Complete names, IC numbers, and addresses of all buyers and sellers
- Purchase Terms: Clear statement of price, payment method, and completion timeline
- Special Conditions: Any warranties, repairs, or specific requirements before completion
- Default Provisions: Consequences and remedies if either party breaches the agreement
- Title Conditions: Confirmation of clean title transfer and handling of existing encumbrances
- Completion Terms: Specific steps and documentation needed for property handover
- Signatures: Space for all parties' signatures, with witness requirements per Malaysian law
What's the difference between a Real Estate Contract and a Real Estate Purchase Agreement?
A Real Estate Contract is often confused with a Real Estate Purchase Agreement, but they serve different purposes in Malaysian property transactions. While both documents deal with property transfers, their scope and timing differ significantly.
- Legal Status: A Real Estate Contract is typically the initial binding document that establishes the core agreement, while a Purchase Agreement contains more detailed terms and conditions
- Timing of Use: The Contract comes first during negotiations, while the Purchase Agreement follows after all terms are finalized
- Level of Detail: Real Estate Contracts contain basic terms like price and property details, whereas Purchase Agreements include comprehensive conditions, warranties, and specific closing requirements
- Flexibility: Contracts can be more easily modified during negotiations, while Purchase Agreements are usually final and require formal amendments to change
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