The Home For Sale By Owner Contract is a crucial document used in Malta when property owners wish to sell their property directly to buyers without engaging a real estate agent. This type of agreement is particularly relevant in the Maltese property market, where all property transfers must ultimately be executed through a notary public. The document serves as a comprehensive agreement that outlines all essential aspects of the property sale, including property details, price, payment terms, conditions, and warranties. It must comply with various Maltese legal requirements, including the Civil Code, Duty on Documents and Transfers Act, and Energy Performance of Buildings Regulations. The agreement is designed to protect both parties' interests while ensuring smooth progression to the final deed of sale. It's particularly important in Malta's legal context, where preliminary agreements (konvenju) play a significant role in property transactions.
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1. Parties: Full legal names, identification numbers, and addresses of the seller and buyer
2. Background: Brief context of the sale and confirmation of seller's ownership
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed legal description of the property including address, boundaries, and registration details
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and payment schedule
6. Conditions Precedent: Conditions that must be met before completion, including permits and certificates
7. Seller's Representations and Warranties: Seller's declarations regarding property ownership, condition, and legal status
8. Buyer's Representations and Warranties: Buyer's declarations regarding financial capacity and understanding of property condition
9. Completion: Details of the final deed process, timing, and requirements
10. Costs and Taxes: Allocation of notarial fees, stamp duty, and other transaction costs
11. Risk and Insurance: Responsibility for property insurance and risk transfer timing
12. Governing Law and Jurisdiction: Confirmation of Maltese law application and jurisdiction
1. Fixtures and Fittings: Used when specific items of furniture or fittings are included in the sale
2. Existing Tenancies: Required when the property is sold with sitting tenants
3. Planning Permissions: Needed when the property has pending planning applications or recent modifications
4. Property Management: Required for properties in managed complexes or with shared facilities
5. Mortgage Details: Used when the property is being sold subject to an existing mortgage
6. Special Conditions: For any unique circumstances affecting the sale
7. Energy Performance Undertaking: Used when EPC certificate is pending at time of agreement
1. Property Plan: Official site plan and property drawings from Land Registry
2. Inventory of Included Items: Detailed list of furniture, fixtures, and fittings included in the sale
3. Energy Performance Certificate: Copy of the current EPC for the property
4. Planning Permits: Copies of relevant MEPA permits and applications
5. Property Photographs: Documented condition of property at time of agreement
6. Service Contracts: Details of any ongoing service contracts that will transfer with the property
7. Title Documentation: Copies of relevant title documents and searches
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Legal Services
Banking and Finance
Construction
Property Management
Insurance
Public Administration
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Risk Management
Document Administration
Conveyancing
Customer Relations
Property Development
Relevant Roles
Property Owner
Legal Counsel
Notary Public
Property Surveyor
Bank Manager
Mortgage Advisor
Property Valuer
Compliance Officer
Real Estate Developer
Property Manager
Legal Administrator
Conveyancing Manager
Energy Performance Assessor
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