The Real Estate Purchase Contract is a fundamental document used in Indonesian property transactions to legally transfer ownership of real estate from one party to another. It must comply with Indonesian Basic Agrarian Law (Undang-Undang Pokok Agraria) and related regulations, making it essential for both residential and commercial property transactions. This document is crucial as it contains all necessary elements required by Indonesian law, including detailed property descriptions, price and payment terms, warranties, and specific provisions for property registration with the National Land Office. It's particularly important as property transactions in Indonesia involve strict regulatory requirements, especially regarding land titles and foreign ownership restrictions. The contract serves as the basis for the formal deed of transfer (Akta Jual Beli) that must be executed before a licensed land deed official (PPAT).
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1. Parties: Identification of the seller and purchaser with complete details as required under Indonesian law
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement, including Indonesian legal terms
4. Property Details: Comprehensive description of the property, including certificate number, land area, and building specifications
5. Purchase Price: Agreed purchase price, payment terms, and schedule of payments
6. Payment Method: Specified method of payment and bank account details
7. Conditions Precedent: Prerequisites that must be fulfilled before completion
8. Seller's Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and legal status
9. Buyer's Representations and Warranties: Buyer's declarations regarding legal capacity and financial ability
10. Completion Requirements: Documentation and procedures required for legal transfer of property
11. Transfer of Title: Process and requirements for transferring property rights
12. Taxes and Costs: Allocation of transaction taxes, fees, and other costs
13. Default and Remedies: Consequences of breach and available remedies
14. Governing Law: Confirmation of Indonesian law application and jurisdiction
15. Dispute Resolution: Procedure for resolving disputes, including choice of forum
16. Notices: Communication methods and addresses for formal notices
17. Execution: Signing requirements and witness provisions
1. Mortgage Financing: Include when buyer is obtaining bank financing, detailing conditions and requirements
2. Foreign Ownership Provisions: Required when buyer is a foreign national, including specific restrictions and requirements
3. Property Management Handover: Include for properties within managed complexes or apartments
4. Construction Completion: Required for off-plan purchases or properties under construction
5. Tenant Provisions: Include if property is currently leased to tenants
6. Strata Title Provisions: Required for apartment or condominium purchases
7. Environmental Conditions: Include if property requires environmental clearance or has specific environmental obligations
8. Agent Commission: Include if real estate agents are involved in the transaction
1. Property Description Schedule: Detailed technical description of land and buildings, including certificates and permits
2. Payment Schedule: Detailed breakdown of payment installments and due dates
3. Land Certificate Details: Copy and details of land certificate and ownership history
4. Property Tax Records: History of property tax payments and outstanding obligations
5. Building Permits: Copies of relevant building permits and certificates
6. Site Plan: Official site plan and property boundaries
7. Inventory List: List of fixtures and fittings included in the sale
8. Due Diligence Results: Summary of legal and technical due diligence findings
9. Required Governmental Approvals: List and copies of required governmental approvals for transfer
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking & Finance
Legal Services
Hospitality
Retail
Commercial Property
Residential Property
Industrial Property
Agriculture (for land purchases)
Tourism
Relevant Teams
Legal
Real Estate
Compliance
Finance
Risk Management
Property Management
Asset Management
Investment
Operations
Corporate Affairs
Facilities Management
Business Development
Relevant Roles
Real Estate Manager
Property Development Manager
Legal Counsel
Compliance Officer
Real Estate Agent
Property Broker
Corporate Lawyer
Notary Public
Land Registration Officer
Property Appraiser
Real Estate Investment Manager
Facilities Manager
Asset Manager
Real Estate Director
Chief Financial Officer
Risk Manager
Property Portfolio Manager
Real Estate Analyst
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