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Apartment Purchase Contract Template for Malaysia

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Key Requirements PROMPT example:

Apartment Purchase Contract

"I need an Apartment Purchase Contract for a luxury condominium unit in Kuala Lumpur, where the purchaser is a foreign investor from Singapore, with completion scheduled for March 2025 and including special provisions for premium facilities access."

Document background
The Apartment Purchase Contract is a vital legal instrument used in Malaysian property transactions for the sale and purchase of residential apartment units. This document is essential when a developer or vendor sells an apartment unit to a purchaser, whether the property is under construction or completed. The contract must comply with Malaysia's Housing Development (Control and Licensing) Act 1966 and its regulations, which provide strict requirements for such agreements to protect purchasers' interests. It encompasses crucial elements such as property details, payment schedules, construction specifications, completion timelines, and post-completion obligations. The agreement is particularly important in the Malaysian context due to the prevalence of strata properties and the specific legal framework governing their sale and management. It serves as both a sale agreement and a reference document for the ongoing relationship between the developer and purchaser until the property's strata title is transferred.
Suggested Sections

1. Parties: Identification of the Vendor/Developer and Purchaser with full legal names and details

2. Background: Context of the transaction, including property development details and relevant permits/approvals

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Specific description of the apartment unit, including lot number, floor area, and location within the development

5. Purchase Price: Statement of the purchase price and payment schedule in accordance with statutory requirements

6. Payment Terms: Detailed payment structure including installments, deposit, and completion payments

7. Completion Period: Timeline for completion of construction and delivery of vacant possession

8. Specifications and Plans: Reference to building specifications, materials, and approved plans

9. Developer's Obligations: Developer's commitments including construction, obtaining approvals, and delivery

10. Purchaser's Obligations: Purchaser's commitments including payments, compliance with rules, and maintenance

11. Title and Ownership: Provisions regarding strata title issuance and transfer of ownership

12. Defects Liability: Defect warranty period and rectification obligations

13. Common Property: Rights and obligations regarding common areas and facilities

14. Maintenance Charges: Service charges, sinking fund, and insurance obligations

15. Default and Termination: Consequences of default and termination procedures

16. Notices: Requirements for serving notices between parties

17. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction

18. Execution: Signature blocks and execution formalities

Optional Sections

1. Loan Financing: Include when purchaser requires bank financing, detailing arrangements and conditions

2. Foreign Ownership: Include when purchaser is non-Malaysian, addressing specific requirements and restrictions

3. Car Park Assignment: Include when separate car park lots are being assigned with the apartment

4. Modifications: Include when purchaser is allowed to make modifications to the unit specifications

5. Special Privileges: Include when there are special facilities or privileges granted to the unit

6. Property Management: Include when there are specific management arrangements or requirements

7. Assignment Rights: Include when addressing the right to assign the agreement before title issuance

8. GST/Tax Provisions: Include when specific tax arrangements need to be addressed

Suggested Schedules

1. Schedule 1 - Property Description: Detailed technical description of the apartment unit including measurements and boundaries

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment installments and timing

3. Schedule 3 - Unit Specifications: Detailed specifications of materials, fittings, and finishes

4. Schedule 4 - Common Facilities: List and description of common facilities and amenities

5. Schedule 5 - Floor Plans: Approved unit floor plans and location plans

6. Schedule 6 - Title Conditions: Conditions of title and restrictions on land use

7. Appendix A - Development Approvals: Copies of relevant development and construction approvals

8. Appendix B - Maintenance Charges: Detailed breakdown of maintenance fees and sinking fund contributions

9. Appendix C - House Rules: Building management rules and regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Construction

Property Development

Banking and Finance

Legal Services

Property Management

Urban Planning

Architecture

Relevant Teams

Legal

Sales

Property Development

Compliance

Project Management

Customer Service

Construction Management

Property Management

Contract Administration

Business Development

Relevant Roles

Property Developer

Real Estate Agent

Property Lawyer

Legal Counsel

Conveyancing Executive

Property Manager

Sales Director

Compliance Officer

Project Manager

Construction Manager

Development Director

Sales Manager

Contract Administrator

Legal Manager

Property Consultant

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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