The Home Owners Contract serves as a fundamental legal instrument in Indonesian property transactions, essential for establishing clear ownership rights and responsibilities in residential property ownership. This document is primarily used when purchasing or transferring ownership of residential properties in Indonesia, ensuring compliance with local regulations including the Civil Code, Basic Agrarian Law, and regional property ordinances. It encompasses crucial elements such as property details, ownership rights, payment terms, and maintenance obligations, while addressing specific Indonesian legal requirements for property ownership. The contract is designed to protect both buyers and sellers while ensuring adherence to Indonesian property law requirements, including proper registration and documentation of ownership transfer.
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1. Parties: Identification of the property owner(s) and any other relevant parties, including their complete legal names, addresses, and ID numbers
2. Background: Context of the agreement, including brief property description and purpose of the contract
3. Definitions: Definitions of key terms used throughout the contract
4. Property Details: Comprehensive description of the property, including address, certificate number, land area, building area, and boundaries
5. Ownership Rights: Specification of ownership rights, type of land title, and any restrictions on ownership
6. Payment Terms: Details of property price, payment schedule, and method of payment
7. Transfer of Ownership: Process and requirements for legal transfer of property ownership
8. Representations and Warranties: Statements and guarantees about the property's condition, legal status, and ownership
9. Owner's Obligations: Responsibilities of the property owner regarding maintenance, taxes, and compliance with regulations
10. Insurance: Requirements for property insurance and coverage specifications
11. Compliance with Laws: Obligation to comply with relevant Indonesian laws and regulations
12. Default and Remedies: Consequences of breach of contract and available remedies
13. Dispute Resolution: Process for resolving disputes, including jurisdiction and applicable law
14. General Provisions: Standard contract clauses including notices, amendments, and severability
1. Property Management: Required when the property is part of a managed complex or housing estate
2. Shared Facilities: Needed when the property includes access to common areas or shared facilities
3. Mortgage Provisions: Required when the property is subject to a mortgage or other financial encumbrance
4. Renovation and Alterations: Include when specific rules about property modifications need to be established
5. Rental Provisions: Required if the owner intends to rent out the property
6. Environmental Compliance: Include for properties in environmentally sensitive areas or with specific environmental requirements
7. Cultural Heritage Provisions: Required for properties in heritage areas or with cultural significance
8. Natural Disaster Provisions: Include for properties in areas prone to natural disasters
1. Property Certificate: Copy of the official property certificate and land title documents
2. Property Plans: Architectural plans, floor plans, and site plans of the property
3. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
4. Property Inspection Report: Technical assessment of the property's condition at time of contract
5. Building Permits: Copies of relevant building permits and certificates
6. Tax Certificates: Documentation of property tax status and payment history
7. Insurance Certificates: Details of property insurance coverage
8. Facility Rules: Rules and regulations for shared facilities or community areas if applicable
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Legal Services
Banking & Finance
Insurance
Construction
Property Management
Urban Development
Housing & Settlement
Professional Services
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Risk Management
Finance
Operations
Administrative Support
Customer Relations
Documentation
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Notary Public
Property Developer
Bank Manager
Mortgage Officer
Insurance Underwriter
Property Assessor
Compliance Officer
Real Estate Administrator
Housing Development Manager
Land Registration Officer
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