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Home Buy Sell Agreement Template for Malaysia

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Key Requirements PROMPT example:

Home Buy Sell Agreement

"I need a Home Buy Sell Agreement for purchasing a double-storey terrace house in Petaling Jaya, with completion by March 2025, including standard bank financing clauses and a 10% deposit arrangement."

Document background
The Home Buy Sell Agreement is a fundamental legal document used in Malaysian property transactions to formalize the sale and purchase of residential properties. This agreement is essential for both private and commercial property transactions in Malaysia, incorporating requirements from the National Land Code 1965, Contracts Act 1950, and other relevant property legislation. It serves as the primary contract documenting the terms of sale, purchase price, payment schedule, property details, and the rights and obligations of both parties. The agreement must comply with Malaysian property law requirements, including proper property description, land title details, and necessary provisions for title transfer at the land office. It's commonly used in both direct sales between private parties and developer sales, with variations depending on whether the property is sub-sale, new development, or involves bank financing.
Suggested Sections

1. Parties: Identification and details of the Vendor and Purchaser, including full names, identification numbers, and addresses

2. Background: Brief context of the transaction and property ownership status

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

4. Property Details: Complete description of the property including lot number, title details, and address

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

6. Conditions Precedent: Conditions that must be fulfilled before completion of the sale

7. Vendor's Obligations: Responsibilities and warranties of the seller, including ensuring clean title

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

9. Completion: Requirements and procedures for completing the sale

10. Title and Transfer: Provisions regarding transfer of title and registration procedures

11. Default and Termination: Consequences of default by either party and termination provisions

12. Costs and Expenses: Allocation of legal fees, stamp duty, and other transaction costs

13. Notices: Process for serving notices between parties

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

Optional Sections

1. Vacant Possession: Details regarding delivery of vacant possession, used when property is currently occupied

2. Existing Tenancy: Provisions regarding existing tenants, used when property is currently tenanted

3. Bank Financing: Additional terms related to purchaser's financing arrangements, used when buyer requires bank loan

4. Property Condition: Specific provisions about property condition and any repairs required, used for properties needing renovation

5. Strata Title: Additional provisions for apartments or condominiums, used for stratified properties

6. Joint Ownership: Special provisions for multiple purchasers, used when more than one buyer

7. Power of Attorney: Provisions when either party acts through an attorney, used when relevant

8. GST/Tax Provisions: Special tax considerations, used when applicable

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property description, including boundary marks and land area

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms and timeline

3. Schedule 3 - Title Particulars: Copy of land title details and encumbrances

4. Schedule 4 - Inventory List: List of fixtures and fittings included in the sale

5. Schedule 5 - Required Documents: List of documents required for completion

6. Appendix A - Property Plans: Floor plans and location maps

7. Appendix B - Photographs: Current photographs of the property

8. Appendix C - Regulatory Approvals: Copies of relevant permits and certificates

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

Property Development

Legal Services

Banking and Finance

Property Management

Construction

Property Investment

Professional Services

Housing Development

Relevant Teams

Legal

Real Estate

Compliance

Sales

Property Management

Conveyancing

Risk Management

Documentation

Client Relations

Property Development

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Executive

Property Manager

Bank Officer

Legal Associate

Property Valuer

Sales Director

Compliance Officer

Real Estate Manager

Property Consultant

Housing Development Manager

Legal Director

Title Search Executive

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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