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Apartment Purchase Agreement for Indonesia

Apartment Purchase Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that formalizes the sale and purchase of an apartment unit between a seller and buyer. This agreement is structured in accordance with Law No. 20 of 2011 on Flats (Rumah Susun) and related Indonesian property regulations, detailing the terms and conditions of the transaction, including property specifications, payment terms, warranties, and completion requirements. The document ensures compliance with Indonesian property ownership rules, particularly important given the specific regulations around apartment ownership and potential foreign ownership restrictions.

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Apartment Purchase Agreement

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What is a Apartment Purchase Agreement?

The Apartment Purchase Agreement is a crucial legal document used in Indonesian real estate transactions for the sale and purchase of apartment units. It serves as the primary contract between sellers and buyers, whether they are individuals, companies, or developers. This agreement must comply with Indonesian property laws, particularly Law No. 20 of 2011 on Flats (Rumah Susun) and the Basic Agrarian Law. The document is essential for both new developments and resale transactions, covering all aspects from payment terms to property handover. It includes specific provisions required under Indonesian law, such as strata title details, building management obligations, and where applicable, foreign ownership considerations. The agreement should be executed before a notary public and requires registration with relevant authorities to ensure legal validity.

What sections should be included in a Apartment Purchase Agreement?

1. Parties: Identification of the seller and purchaser with complete details including ID/passport numbers, addresses, and citizenship status

2. Background: Context of the transaction, including brief description of the property and seller's right to sell

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

4. Property Details: Comprehensive description of the apartment including unit number, floor, building name, land certificate details, measurements, and boundaries

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

6. Payment Terms: Detailed breakdown of payment structure, installments, and due dates

7. Conditions Precedent: Conditions that must be fulfilled before completion of the purchase

8. Seller's Representations and Warranties: Seller's guarantees regarding property ownership, condition, and legal status

9. Buyer's Representations and Warranties: Buyer's declarations regarding legal capacity and financial ability to purchase

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

11. Handover: Procedures for physical handover of the property and transfer of utilities

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

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

14. Dispute Resolution: Procedures for handling disputes, including jurisdiction and governing law

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

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

What sections are optional to include in a Apartment Purchase Agreement?

1. Mortgage Financing: Required when buyer is obtaining bank financing, including conditions and requirements for mortgage approval

2. Foreign Ownership Provisions: Required for foreign buyers, including compliance with Indonesian foreign ownership restrictions

3. Property Management: Details of building management, maintenance fees, and regulations when relevant to the purchase

4. Defect Liability: For new apartments, covering developer's warranty period and obligations

5. Furniture and Fittings: When apartment is sold furnished, detailing included items and their condition

6. Power of Attorney: When any party is acting through an attorney or representative

7. Strata Title Provisions: When strata title is still in process or requires special conditions

What schedules should be included in a Apartment Purchase Agreement?

1. Property Description Schedule: Detailed technical description of the apartment, including floor plans and specifications

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

3. Inventory List: List of furniture, fixtures, and fittings included in the sale (if applicable)

4. Building Rules and Regulations: Copy of the apartment complex rules and regulations

5. Land Certificate Details: Copies of relevant certificates and property ownership documents

6. Defect List: Documentation of any existing defects or damage acknowledged by both parties

7. Service Charge Schedule: Details of ongoing maintenance fees and service charges

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Sale Agreement

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Banking & Finance

Property Management

Insurance

Investment

Housing & Development

Relevant Teams

Legal

Real Estate

Property Development

Sales

Compliance

Risk Management

Documentation

Property Management

Contract Administration

Business Development

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Legal Counsel

Property Manager

Notary Public

Contract Manager

Compliance Officer

Sales Director

Property Investment Manager

Real Estate Transaction Coordinator

Legal Document Specialist

Property Sales Executive

Risk Management Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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