The Real Estate Purchase Contract is a fundamental legal instrument used in Malta for property transactions, requiring execution before a Notary Public as a public deed. This document is essential whenever real estate property is being transferred from one party to another in Malta, whether for residential or commercial purposes. It must comply with specific requirements under Maltese law, including the Civil Code, Duty on Documents and Transfers Act, and various property-related regulations. The contract includes crucial elements such as property details, price, payment terms, warranties, and completion requirements. For non-resident purchasers, additional considerations regarding AIP permits may apply. The document serves as both a legal requirement and a protective measure for all parties involved in the property transaction, ensuring compliance with Malta's strict property transfer regulations and anti-money laundering requirements.
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1. Parties: Identification of the Vendor and Purchaser with full legal names, ID numbers, and addresses as required by Maltese law
2. Background: Context of the sale, including brief property history and current ownership status
3. Definitions: Key terms used throughout the agreement, including specific Maltese legal terminology
4. Property Description: Detailed legal description of the property including boundaries, measurements, and registration details
5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
6. Payment Terms: Schedule of payments, including deposit, balance, and any installment arrangements
7. Completion: Terms and timing for the final deed (kuntratt), including notary appointment and completion requirements
8. Vendor's Warranties: Warranties regarding property ownership, encumbrances, and compliance with laws
9. Property Condition: Current state of the property and any agreed repairs or modifications
10. Taxes and Expenses: Allocation of stamp duty, notarial fees, and other transaction costs
11. Risk and Insurance: Transfer of risk and insurance obligations during the promise of sale period
12. Default Provisions: Consequences of default by either party and remedies available
13. Notices: Process for formal communications between parties
14. Governing Law: Confirmation of Maltese law jurisdiction and applicable regulations
15. Execution: Signature requirements and notarial provisions
1. Special Conditions: For properties with unique features or requirements, such as protected buildings or special permits
2. Tenant Rights: Required when the property is currently leased or has sitting tenants
3. Planning Permissions: When the property requires specific planning permits or has pending applications
4. AIP Requirements: For non-EU buyers requiring Acquisition of Immovable Property permits
5. Mortgage Provisions: When the purchase is subject to obtaining mortgage financing
6. Furniture and Fittings: When the sale includes specific movable property
7. Development Rights: For properties with potential development opportunities or restrictions
8. Ground Rent Redemption: When the property is subject to ground rent
1. Property Plans: Official plans and measurements of the property
2. Land Registry Documents: Copies of relevant land registry extracts and certificates
3. Inventory: List of included furniture, fittings, and equipment if applicable
4. Energy Performance Certificate: Mandatory EPC documentation
5. Planning Permits: Copies of relevant MEPA permits and applications
6. Title Documentation: Evidence of vendor's title and property history
7. Condition Report: Survey or condition assessment if commissioned
8. Service Agreements: Details of ongoing service contracts or maintenance agreements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Construction
Property Development
Tourism & Hospitality
Retail
Commercial Property
Residential Property
Investment & Asset Management
Architecture & Design
Property Management
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Investment
Finance
Risk Management
Operations
Business Development
Corporate Services
Administrative Support
Due Diligence
Relevant Roles
Real Estate Lawyer
Notary Public
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Property Developer
Investment Manager
Real Estate Investment Advisor
Bank Manager
Mortgage Advisor
Property Valuer
Architect
Surveyor
Real Estate Portfolio Manager
Asset Manager
Transaction Manager
Legal Administrator
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