The Sale And Construction Agreement is a crucial document in Malaysian property development, used when a developer sells property that is yet to be constructed or is under construction. This agreement type is particularly relevant in the Malaysian context where property development is heavily regulated under the Housing Development (Control and Licensing) Act 1966 and related legislation. It combines elements of a standard sale and purchase agreement with detailed construction obligations, specifications, and quality standards. The document is essential for both commercial and residential developments, providing comprehensive coverage of property transfer, construction requirements, payment schedules, and completion obligations while ensuring compliance with Malaysian housing development regulations and construction standards.
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1. Parties: Identification of the Developer/Vendor and Purchaser with full details as required under Malaysian law
2. Background: Context of the agreement, including property details, development project information, and relevant permits/approvals
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms
4. Sale and Purchase Terms: Core terms of the property sale, including purchase price, payment schedule, and completion terms
5. Construction Specifications: Detailed specifications of the construction work, building plans, and materials
6. Construction Timeline: Construction milestones, completion date, and delivery schedule
7. Payment Terms: Payment structure, including progress payments linked to construction milestones
8. Developer's Obligations: Responsibilities of the developer including construction, obtaining approvals, and ensuring compliance
9. Purchaser's Obligations: Responsibilities of the purchaser including payments and cooperation requirements
10. Quality and Standards: Construction quality requirements, applicable standards, and compliance with regulations
11. Defects and Warranties: Defect liability period, warranty terms, and rectification procedures
12. Completion and Handover: Procedures for completion, inspections, and property handover
13. Title and Ownership: Property title transfer provisions and obligations
14. Default and Termination: Events of default, remedies, and termination procedures
15. Force Majeure: Provisions for unforeseen circumstances affecting construction or completion
16. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration
17. Notices: Communication procedures and contact details
18. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Strata Title Provisions: Required if the property involves strata titles, covering management corporation and shared facilities
2. Environmental Compliance: Required for projects with specific environmental requirements or green building certifications
3. Progressive Billing Scheme: Required for projects using progressive billing under Schedule H of the Housing Development Act
4. Facilities and Common Areas: Required for developments with shared facilities or common areas
5. Insurance: Optional detailed insurance requirements beyond statutory minimums
6. Assignment and Novation: Required if transfer rights are to be included
7. Marketing and Show Unit: Required if there are show units or specific marketing representations to be included in contract terms
1. Schedule A - Property Details: Detailed description of the property including lot number, size, and location
2. Schedule B - Payment Schedule: Detailed payment timeline linked to construction milestones
3. Schedule C - Construction Specifications: Detailed technical specifications, materials, and finishes
4. Schedule D - Floor Plans: Approved building plans and floor layouts
5. Schedule E - Construction Timeline: Detailed construction schedule with milestones
6. Schedule F - Prescribed Forms: Standard forms required under Malaysian housing development regulations
7. Appendix 1 - Land Title: Copy of land title or parent title
8. Appendix 2 - Development Approvals: Copies of relevant development and construction approvals
9. Appendix 3 - Developer's License: Copy of developer's license and permits
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate Development
Construction
Property Development
Residential Construction
Commercial Construction
Infrastructure Development
Urban Development
Housing Development
Relevant Teams
Legal
Construction
Property Development
Project Management
Compliance
Real Estate
Sales
Architecture
Contract Administration
Finance
Relevant Roles
Property Developer
Construction Manager
Project Manager
Legal Counsel
Contract Manager
Development Director
Construction Director
Quantity Surveyor
Architect
Real Estate Manager
Compliance Officer
Property Manager
Sales Director
Development Manager
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