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Property Purchase Contract for Malta

Property Purchase Contract Template for Malta

A legally binding agreement governed by Maltese law that formalizes the sale and purchase of real property in Malta. This document outlines the terms and conditions of the property transfer, including the purchase price, payment terms, warranties, and completion requirements. It incorporates specific Maltese legal requirements such as notarial execution, stamp duty obligations, and where applicable, AIP permits for non-residents. The contract ensures compliance with local property laws and regulations while protecting the interests of both the vendor and purchaser throughout the transaction process.

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What is a Property Purchase Contract?

The Property Purchase Contract is a fundamental legal document used in Malta for real estate transactions between a vendor and purchaser. It serves as the preliminary agreement (konvenju) that precedes the final deed of sale, typically valid for three months unless otherwise agreed. This contract must comply with Malta's Civil Code and related legislation, requiring execution before a Notary Public. It includes essential elements such as property details, purchase price, payment terms, conditions precedent, and completion requirements. Special considerations may apply for non-resident purchasers under the Immovable Property (Acquisition by Non-Residents) Act. The document is crucial for protecting both parties' interests and ensuring a smooth property transfer process in accordance with Maltese law.

What sections should be included in a Property Purchase Contract?

1. Parties: Identification of the Vendor and Purchaser, including full legal names, ID/passport numbers, and residential addresses

2. Background: Brief context of the transaction, including property identification and parties' intention to sell/purchase

3. Definitions: Key terms used throughout the contract, including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Property Description: Detailed description of the property, including address, boundaries, measurements, and registration details

5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and payment schedule

6. Completion: Terms and timing of the final transfer, including notarial deed requirements and completion date

7. Vendor's Warranties: Warranties regarding property ownership, absence of encumbrances, planning permits, etc.

8. Purchaser's Obligations: Responsibilities of the purchaser, including payment obligations and due diligence requirements

9. Conditions Precedent: Conditions that must be satisfied before completion, including permits and searches

10. Notarial Deed: Requirements for the final deed of sale and appointment of notary

11. Costs and Taxes: Allocation of costs, including notarial fees, stamp duty, and registration fees

12. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

13. Signatures: Execution blocks for all parties and witnesses

What sections are optional to include in a Property Purchase Contract?

1. AIP Permit: Required when purchaser is a non-resident requiring Acquisition of Immovable Property permit

2. Special Designations: Required when property is in a Special Designated Area or subject to specific regulations

3. Fixtures and Fittings: Detailed list of items included/excluded in the sale, used for furnished properties

4. Development Conditions: Used when property is under construction or requires development

5. Ground Rent: Required when property is subject to ground rent (census)

6. Bank Finance: Included when purchase is subject to bank financing approval

7. Rental Situations: Required when property is subject to existing tenancies

8. Energy Performance: Required when EPC certificate details need to be incorporated

What schedules should be included in a Property Purchase Contract?

1. Property Plans: Official architectural plans and site plans of the property

2. Land Registry Documents: Official documentation from Land Registry proving ownership

3. Inventory: Detailed list of furniture and fittings included in sale (if applicable)

4. Planning Permits: Copies of relevant MEPA permits and compliance certificates

5. Energy Performance Certificate: Copy of the property's EPC

6. Title Documentation: Historical title documents and searches

7. Payment Schedule: Detailed breakdown of payment terms and installments

8. Condition Report: Survey or condition report of the property

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

Malta

Publisher

Ƶ

Document Type

Purchase Agreement

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Real Estate

Property Development

Banking & Finance

Legal Services

Construction

Property Management

Architecture & Planning

Insurance

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Finance

Risk Management

Business Development

Relevant Roles

Real Estate Agent

Property Lawyer

Notary Public

Property Developer

Real Estate Manager

Compliance Officer

Legal Counsel

Property Valuer

Mortgage Advisor

Real Estate Investment Manager

Property Portfolio Manager

Conveyancing Assistant

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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