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Home Contract Agreement for Malaysia

Home Contract Agreement Template for Malaysia

A comprehensive legal document governed by Malaysian law that formalizes the sale and purchase of residential property between parties. This agreement outlines the terms and conditions of the property transfer, including purchase price, payment terms, completion requirements, and obligations of both parties. It incorporates provisions from relevant Malaysian legislation, including the Housing Development (Control and Licensing) Act 1966 and the National Land Code 1965, ensuring compliance with local property laws and regulations while protecting the interests of both buyer and seller.

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What is a Home Contract Agreement?

The Home Contract Agreement serves as the primary legal instrument for residential property transactions in Malaysia. This document is essential when transferring ownership of residential properties, whether they are landed properties, apartments, or condominiums. It must comply with Malaysian property laws, including the Housing Development (Control and Licensing) Act 1966, Contracts Act 1950, and National Land Code 1965. The agreement typically includes detailed property descriptions, payment terms, completion requirements, and party obligations. It's particularly important as it provides legal protection for both buyers and sellers, ensures clear title transfer, and documents all essential terms of the transaction. The document may vary slightly depending on property type (landed or strata) and whether it involves new developments or subsale properties.

What sections should be included in a Home Contract Agreement?

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

2. Background: Context of the transaction, including brief property description and intention of sale/purchase

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

4. Property Details: Comprehensive description of the property, including lot number, title details, and exact measurements

5. Purchase Price: Agreed purchase price and payment terms, including deposit and completion payments

6. Payment Terms: Detailed payment schedule, method of payment, and consequences of default

7. Completion: Conditions for completion, timing, and delivery of vacant possession

8. Seller's Obligations: Responsibilities of the seller including property maintenance until completion and document provision

9. Purchaser's Obligations: Responsibilities of the purchaser including payment obligations and property inspection

10. Title and Transfer: Conditions regarding property title, transfer process, and registration requirements

11. Representations and Warranties: Standard warranties about property ownership, condition, and legal status

12. Default and Termination: Consequences of breach and conditions for termination

13. Notices: Process for serving notices between parties

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

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Home Contract Agreement?

1. Strata Title Provisions: Additional terms for apartments/condominiums, including management corporation rules

2. Renovation Works: Terms regarding any agreed renovation or modification works prior to completion

3. Tenancy: Provisions dealing with existing tenants if property is currently leased

4. Property Contents: List of fixtures and fittings included/excluded from sale

5. Mortgage Terms: Additional provisions if property purchase is subject to mortgage financing

6. Developer's Consent: Required for properties still under developer's control or restriction

7. Joint Ownership: Special provisions for multiple purchasers

8. Foreign Ownership: Additional requirements if purchaser is non-Malaysian

What schedules should be included in a Home Contract Agreement?

1. Property Schedule: Detailed property description, including boundary plans and title particulars

2. Payment Schedule: Detailed breakdown of payment installments and due dates

3. Inventory List: Complete list of fixtures, fittings, and contents included in the sale

4. Property Condition Report: Detailed report on property condition at time of agreement

5. Required Documents: List of documents required for completion

6. Restrictive Covenants: Any restrictions or covenants affecting the property

7. Special Conditions: Any additional terms specific to this transaction

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

Malaysia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Legal Services

Banking and Finance

Property Development

Construction

Housing Development

Insurance

Public Administration

Property Management

Relevant Teams

Legal

Real Estate

Conveyancing

Sales

Compliance

Property Management

Finance

Operations

Risk Management

Customer Service

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Executive

Bank Manager

Mortgage Officer

Property Developer

Legal Counsel

Property Valuer

Housing Development Officer

Sales Manager

Compliance Officer

Title Search Specialist

Land Administrator

Property Manager

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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