The Pre Sale Agreement is a fundamental document in Indonesian property transactions where properties are sold before completion of construction. This agreement is governed by Indonesian law, particularly the Civil Code and specific regulations such as Government Regulation No. 14 of 2016 and Minister of Public Housing Regulation No. 11/PERMEN/M/2019. It is used when developers sell properties during the construction phase, providing legal protection for both buyers and sellers. The document includes detailed specifications of the property, payment schedules, construction timelines, and quality standards, ensuring compliance with local property laws and regulations. The Pre Sale Agreement serves as a crucial step before the final sale and purchase deed (AJB) can be executed before a notary public.
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1. Parties: Identification of the seller/developer and buyer with complete legal details
2. Background: Context of the agreement, including property development status and intention to enter into a pre-sale arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Object of Sale: Detailed description of the property being sold, including specifications and location
5. Purchase Price: Total purchase price, payment schedule, and payment methods
6. Payment Terms: Detailed payment structure including installments, deposit requirements, and payment conditions
7. Construction Progress and Timeline: Expected construction milestones and completion schedule
8. Specifications and Standards: Agreed quality standards, materials, and specifications of the property
9. Rights and Obligations: Detailed rights and obligations of both parties during the pre-sale period
10. Property Handover: Conditions and process for final property handover
11. Warranties and Guarantees: Developer's warranties regarding property quality and construction
12. Default and Remedies: Consequences of default by either party and available remedies
13. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
14. Governing Law: Confirmation of Indonesian law as governing law
15. Dispute Resolution: Process for resolving disputes between parties
16. Notices: Communication methods and contact details for official notices
17. Term and Termination: Duration of agreement and conditions for termination
1. Mortgage Provisions: Include when buyer requires bank financing, detailing conditions and requirements
2. Property Management: Include for apartments or managed complexes, outlining management terms and fees
3. Common Facilities: Include for properties within larger developments, describing shared facilities and access rights
4. Assignment Rights: Include if transfer of rights before completion is permitted, specifying conditions
5. Insurance Requirements: Include when specific insurance coverage is required during construction
6. Strata Title Provisions: Include for apartments or multi-unit developments requiring strata titles
7. Development Changes: Include when developer needs flexibility to make minor changes to specifications
8. Tax Provisions: Include detailed tax arrangements when complex tax implications exist
1. Property Specifications: Detailed technical specifications of the property including floor plans, materials, and finishes
2. Payment Schedule: Detailed breakdown of payment installments with due dates
3. Site Plan: Layout plan showing property location within development
4. Construction Timeline: Detailed construction schedule with milestones
5. Property Certificate Details: Land certificate information and property ownership details
6. Fixtures and Fittings: List of included fixtures, fittings, and appliances
7. Form of Handover Certificate: Template for property handover documentation
8. Building Permits: Copies of relevant building permits and approvals
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Residential Property
Commercial Property
Banking and Finance
Legal Services
Property Management
Relevant Teams
Legal
Sales
Property Development
Construction
Compliance
Finance
Risk Management
Customer Relations
Business Development
Project Management
Relevant Roles
Property Developer
Real Estate Manager
Legal Counsel
Sales Director
Property Sales Manager
Construction Manager
Compliance Officer
Contract Administrator
Business Development Manager
Property Consultant
Project Manager
Finance Manager
Risk Manager
Customer Relations Manager
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