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Real Estate Buyout Agreement Template for Malaysia

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Key Requirements PROMPT example:

Real Estate Buyout Agreement

"I need a Real Estate Buyout Agreement for purchasing a commercial office building in Kuala Lumpur, Malaysia, with a completion date of March 15, 2025, including provisions for existing tenants and staged payments."

Document background
The Real Estate Buyout Agreement is a crucial legal instrument used in Malaysian property transactions to formalize the purchase and sale of real estate assets. This document is essential when transferring property ownership, whether for commercial, residential, or industrial purposes. It must comply with Malaysian property laws, including the National Land Code 1965, Contracts Act 1950, and relevant state regulations. The agreement typically includes detailed property descriptions, purchase price, payment terms, warranties, and completion requirements. It's particularly important in scenarios involving significant property transactions, corporate acquisitions, or investment deals where clear documentation of terms and conditions is essential for legal certainty and protection of all parties' interests.
Suggested Sections

1. Parties: Identifies and provides full details of the buyer and seller, including registration numbers for companies or NRIC for individuals

2. Background: Contextual information about the property and the purpose of the buyout agreement

3. Definitions: Defines key terms used throughout the agreement

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

5. Purchase Price: States the agreed purchase price and payment terms

6. Payment Terms: Details of payment schedule, deposit requirements, and completion payment

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

8. Completion: Requirements and procedures for completing the transaction

9. Seller's Warranties: Warranties regarding property title, condition, and encumbrances

10. Buyer's Warranties: Warranties regarding financial capacity and authority to purchase

11. Default and Termination: Consequences of default and circumstances allowing termination

12. Notices: Process for serving notices between parties

13. Governing Law: Confirms Malaysian law as governing law and jurisdiction

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Foreign Investment Approval: Required when buyer is a foreign entity, detailing compliance with foreign investment regulations

2. Existing Tenancies: Details of existing tenants and treatment of tenancies post-completion

3. Property Management: Arrangements for managing the property between exchange and completion

4. Development Conditions: Required when property is part of a development project with specific conditions

5. Environmental Matters: Required when there are environmental concerns or requirements

6. Strata Title Provisions: Required for apartments or condominiums under strata title

7. GST/Tax Provisions: Detailed tax arrangements when specific tax considerations apply

8. Third Party Consents: Required when the transaction needs approval from specific authorities or third parties

Suggested Schedules

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

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

3. Completion Requirements: Checklist of documents and requirements for completion

4. Existing Encumbrances: List of existing charges, liens, or other encumbrances

5. Form of Transfer: Prescribed form for property transfer under National Land Code

6. Due Diligence Results: Summary of property and legal due diligence findings

7. Inventory List: List of fixtures, fittings, and other items included in the sale

8. Required Consents: List of necessary approvals and consent requirements

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

Legal Services

Financial Services

Investment Management

Commercial Property

Residential Property

Industrial Property

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Investment

Due Diligence

Asset Management

Acquisitions

Risk Management

Finance

Relevant Roles

Real Estate Lawyer

Property Manager

Investment Manager

Real Estate Agent

Property Developer

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Investment Director

Property Acquisition Manager

Due Diligence Officer

Transaction Manager

Asset Manager

Real Estate Portfolio 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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