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Mortgage Sales Agreement

Mortgage Sales Agreement Template for Malaysia

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Key Requirements PROMPT example:

Mortgage Sales Agreement

"I need a Mortgage Sales Agreement for a commercial property purchase in Kuala Lumpur, Malaysia, with a completion date of March 15, 2025, including specific provisions for existing tenants and staged payment arrangements."

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Document background
The Mortgage Sales Agreement is a crucial document used in Malaysian property transactions where financing is required for the purchase. This agreement is essential when a property is being sold with mortgage financing, combining the sale and purchase elements with the mortgage security arrangements. It must comply with Malaysian property law, including the National Land Code 1965, Financial Services Act 2013, and other relevant regulations. The document typically includes detailed provisions about the property, purchase price, payment terms, mortgage conditions, security arrangements, and obligations of all parties. It's particularly important for ensuring proper registration of both the property transfer and the mortgage security, protecting the interests of the seller, buyer, and the financing institution.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the seller, purchaser, and mortgagee (financial institution)

2. Background: Context of the transaction, including brief property description and purpose of the agreement

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

4. Sale and Purchase Terms: Core terms of the property sale including purchase price and payment structure

5. Property Details: Comprehensive description of the property including title details and encumbrances

6. Mortgage Terms: Terms of the mortgage including principal amount, interest rate, and repayment schedule

7. Conditions Precedent: Conditions that must be satisfied before completion

8. Representations and Warranties: Statements of fact and assurances by both parties

9. Completion: Process and requirements for completing the sale and mortgage arrangement

10. Default and Remedies: Consequences of default and available remedies

11. Covenants: Ongoing obligations of the parties

12. Notices: Process for serving notices between parties

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

Optional Sections

1. Insurance: Required when specific insurance arrangements need to be detailed beyond standard requirements

2. Property Management: Needed for properties within managed developments or with shared facilities

3. Construction Warranties: Required for new properties or those under construction

4. Environmental Matters: Necessary for industrial properties or properties with environmental concerns

5. Assignment Rights: Required when specific assignment restrictions or rights need to be detailed

6. Valuation: Needed when specific valuation requirements or conditions apply

7. Third Party Rights: Required when there are specific rights granted to third parties

Suggested Schedules

1. Property Description Schedule: Detailed property description including boundaries, fixtures, and fittings

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

3. Mortgage Payment Schedule: Amortization schedule showing payment structure over the mortgage term

4. Title Documents: Copies of relevant title documents and searches

5. Condition Report: Property condition report and any identified defects

6. Completion Requirements: Detailed list of documents and requirements for completion

7. Form of Transfer: Prescribed form for property transfer under Malaysian law

8. Disclosure Schedule: Detailed disclosures relating to warranties and representations

Authors

Alex Denne

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

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Banking & Financial Services

Construction & Development

Legal Services

Property Management

Insurance

Mortgage Broking

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Mortgage Services

Compliance

Risk Management

Property Sales

Financial Services

Documentation

Property Development

Relevant Roles

Real Estate Lawyer

Property Manager

Mortgage Officer

Bank Manager

Real Estate Agent

Property Developer

Legal Counsel

Compliance Officer

Risk Manager

Financial Advisor

Conveyancing Executive

Property Sales 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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