The Absolute Deed of Sale is a fundamental legal instrument in Malaysian property transactions, used when there is a definitive and unconditional transfer of property ownership. This document type is essential in Malaysia's property law framework, particularly when executing outright property sales without conditions precedent or subsequent. The deed must comply with Malaysian federal laws, including the National Land Code 1965, as well as relevant state-level regulations. It is commonly used in both residential and commercial property transactions where immediate and complete transfer of ownership is intended. The document includes comprehensive details about the property, parties involved, consideration, and various warranties and representations to ensure legal compliance and protect both parties' interests.
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1. Parties: Identification of the Vendor(s) and Purchaser(s) with full legal names, identification numbers, and addresses
2. Background: Brief recital of the Vendor's ownership, intention to sell, and Purchaser's intention to buy
3. Definitions: Definition of key terms used throughout the deed
4. Property Details: Comprehensive description of the property including lot number, title details, and exact measurements
5. Consideration: Purchase price and payment terms, including acknowledgment of receipt
6. Free From Encumbrances: Vendor's declaration that the property is free from all encumbrances and charges
7. Warranties and Representations: Vendor's warranties regarding ownership, right to sell, and property condition
8. Title and Documents: Obligations regarding the delivery of title deeds and relevant documents
9. Possession: Terms of delivering vacant possession to the Purchaser
10. Execution: Formal execution clause and attestation requirements
1. Condition of Property: Detailed description of property condition, used when selling property as-is or with known defects
2. Third Party Rights: Section addressing existing tenancies or other third-party interests, if applicable
3. Tax Matters: Specific clauses dealing with tax implications, particularly relevant for commercial properties
4. Utilities and Outgoings: Provisions regarding transfer of utilities and payment of outstanding charges
5. Planning Permissions: Details of existing planning permissions and compliance, relevant for development properties
6. Strata Title: Additional provisions specific to strata properties, if applicable
1. Property Description Schedule: Detailed technical description of the property including boundaries, measurements, and included fixtures
2. Title Particulars: Complete details of the property title including restrictions in interest and express conditions
3. Inventory Schedule: List of fixtures, fittings, and other items included in the sale
4. Payment Schedule: Breakdown of payment terms and installments if applicable
5. Existing Encumbrances: List of any existing encumbrances that will be discharged before completion
6. Required Consents: List of necessary consents and approvals required for the sale
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