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Lease And Sale Agreement for Indonesia

Lease And Sale Agreement Template for Indonesia

This document represents a comprehensive legal agreement governed by Indonesian law that combines both lease and sale provisions for real property. It establishes the terms for initial property leasing and subsequent purchase, complying with Indonesian Civil Code requirements and relevant property regulations. The agreement includes detailed provisions for rental terms, purchase option mechanics, payment structures, and property transfer procedures, while ensuring compliance with Indonesian property ownership laws, including foreign ownership restrictions where applicable. It incorporates necessary safeguards and conditions precedent for both the leasing phase and the eventual sale transaction.

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What is a Lease And Sale Agreement?

The Lease and Sale Agreement is a sophisticated legal instrument used in Indonesian property transactions where parties wish to combine a lease period with a future purchase option. This document is particularly useful in situations where immediate purchase is not feasible or desired, such as commercial property arrangements, foreign investment structures, or staged property acquisitions. It must comply with Indonesian property law requirements, including the Basic Agrarian Law and relevant property regulations. The agreement typically includes comprehensive provisions for both the lease phase (including rental terms, maintenance, and property management) and the eventual sale (including purchase price, payment terms, and transfer requirements). This type of agreement is commonly used in commercial real estate transactions, corporate relocations, and investment property acquisitions where a trial period or staged purchase is advantageous.

What sections should be included in a Lease And Sale Agreement?

1. Parties: Identification of the lessor/seller and lessee/buyer, including complete legal names, addresses, and registration details if companies

2. Background: Context of the agreement, including property overview and intention to lease with option to purchase

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Lease Period, Purchase Price, Completion Date

4. Property Details: Comprehensive description of the property including legal title details and registration numbers

5. Lease Terms: Duration of lease, rental amount, payment terms, and maintenance responsibilities

6. Purchase Option: Terms and conditions for exercising the purchase option, including notice requirements and timeframes

7. Purchase Price and Payment: Agreed purchase price, payment schedule, and any adjustments from paid rent

8. Conditions Precedent: Conditions that must be satisfied before the sale can proceed

9. Completion Process: Steps for completing the sale transaction, including documentation and registration requirements

10. Representations and Warranties: Statements of fact and promises by both parties regarding the property and their capacity to enter the agreement

11. Rights and Obligations: Ongoing responsibilities of both parties during lease period and transition to sale

12. Default and Termination: Circumstances constituting default and consequences for both lease and sale aspects

13. Governing Law: Confirmation of Indonesian law application and jurisdiction

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Lease And Sale Agreement?

1. Insurance: Detailed insurance requirements if not covered in main obligations - use when specific insurance requirements need emphasis

2. Property Management: Additional provisions for property management if complex property or multiple units involved

3. Foreign Ownership Provisions: Special provisions when buyer is foreign - use when applicable under Presidential Regulation No. 103 of 2015

4. Strata Title Provisions: Additional provisions for apartments or units under strata title - use when property is part of strata scheme

5. Tax Structure: Detailed tax arrangements - use when complex tax implications exist or for high-value transactions

6. Force Majeure: Specific force majeure provisions - use when additional protection needed beyond standard provisions

What schedules should be included in a Lease And Sale Agreement?

1. Property Description Schedule: Detailed technical description of property, including boundaries, certificates, and permits

2. Payment Schedule: Detailed breakdown of lease payments, purchase price installments, and payment timelines

3. Condition Report: Detailed report on property condition at commencement of lease

4. Handover Protocol: Procedures and checklist for property handover during lease and final sale

5. Required Permits: List of all required permits and certificates for property use and transfer

6. Maintenance Schedule: Detailed maintenance responsibilities and schedules during lease period

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

Commercial Property

Residential Property

Retail

Industrial

Hospitality

Office Space

Manufacturing

Warehousing

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Compliance

Risk Management

Property Management

Corporate Development

Investment

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Corporate Lawyer

Facilities Manager

Chief Financial Officer

Business Development Director

Operations Director

Asset Manager

Investment Manager

Commercial Director

Real Estate Developer

Property Acquisitions Manager

Compliance Officer

Risk Manager

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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