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Option Agreement Land Template for Malaysia

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Key Requirements PROMPT example:

Option Agreement Land

"I need an Option Agreement Land for a commercial property in Kuala Lumpur, with a 6-month option period starting January 2025, where the option holder is a foreign investment company requiring state authority approval."

Document background
The Option Agreement Land is a crucial document in Malaysian real estate transactions, providing a mechanism for securing potential property purchases while allowing time for due diligence and financing arrangements. This agreement type is commonly used in property development, investment, and commercial real estate sectors within Malaysia, where land transactions are governed by the National Land Code 1965 and state-specific regulations. The document is particularly valuable when parties need time to arrange financing, conduct detailed due diligence, or obtain necessary regulatory approvals before committing to a full purchase. It typically includes specific provisions addressing Malaysian land law requirements, option fees, exercise periods, purchase terms, and any necessary consent requirements from state authorities or other regulatory bodies. The agreement must be carefully structured to comply with both federal and state-level property regulations, making it essential to include appropriate safeguards and conditions for both parties.
Suggested Sections

1. Parties: Identification of the Grantor (landowner) and Grantee (option holder), including full names, registration numbers for companies, and addresses as required by Malaysian law

2. Background: Recitals explaining the ownership of the property, intention to grant an option, and any relevant background information about the property or transaction

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Option Period, Option Fee, Purchase Price, and Completion Date

4. Grant of Option: Terms of the option grant, including duration, exclusivity, and consideration paid for the option

5. Option Fee: Details of the option fee, payment terms, whether refundable or non-refundable, and treatment of the fee upon exercise of option

6. Exercise of Option: Procedure for exercising the option, including notice requirements and timing

7. Purchase Price: Agreed purchase price for the property and payment terms if option is exercised

8. Title and Ownership: Confirmation of title, ownership rights, and any encumbrances or restrictions on the property

9. Conditions Precedent: Any conditions that must be satisfied before the option can be exercised or the sale completed

10. Completion: Terms and procedures for completing the sale if the option is exercised

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

12. Notices: Requirements for giving valid notices under the agreement

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

14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability

Optional Sections

1. State Consent: Required if the property is subject to restrictions requiring state authority consent for transfer

2. Foreign Investment: Required if the Grantee is a foreign entity, addressing compliance with Malaysian foreign ownership restrictions

3. Development Conditions: Included if the property is under development or has specific development requirements

4. Environmental Matters: Required if there are environmental concerns or requirements affecting the property

5. Tenant Rights: Included if the property is subject to existing tenancies

6. Agricultural Conditions: Required if the land is agricultural land with specific conditions or restrictions

7. Security Deposit: Optional section for any additional security deposit beyond the option fee

8. GST/Tax Provisions: Detailed tax provisions if specific tax arrangements are required

Suggested Schedules

1. Property Description: Detailed description of the property including title particulars, lot number, and land area

2. Title Conditions: List of all title conditions, restrictions in interest, and encumbrances

3. Form of Option Exercise Notice: Prescribed form for exercising the option

4. Sale and Purchase Agreement: Draft form of the sale and purchase agreement to be executed upon exercise of option

5. Payment Schedule: Detailed schedule of payment terms including option fee and purchase price installments

6. Property Plans: Plans showing the property boundaries and location

7. Due Diligence Documents: List of documents provided or to be provided for due diligence

8. Permitted Encumbrances: List of accepted encumbrances that will remain on the title

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

Construction

Infrastructure

Commercial Property

Residential Property

Industrial Property

Agriculture

Hospitality

Retail

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Property Development

Investment

Finance

Compliance

Risk Management

Project Management

Commercial

Senior Management

Corporate Development

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Real Estate Director

Property Development Manager

Legal Counsel

Corporate Lawyer

Land Acquisition Manager

Investment Manager

Property Manager

Development Director

Real Estate Investment Analyst

Project Manager

Commercial Director

Risk Manager

Compliance Officer

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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