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Real Estate Transfer Agreement Template for Malaysia

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Real Estate Transfer Agreement

"I need a Real Estate Transfer Agreement for the sale of my residential property in Kuala Lumpur to a local buyer, with completion scheduled for March 2025 and including provisions for existing tenant arrangements."

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What is a Real Estate Transfer Agreement?

The Real Estate Transfer Agreement is a fundamental legal instrument used in Malaysian property transactions to formalize and execute the transfer of real estate ownership. This document is essential when conducting property sales in Malaysia, whether for residential, commercial, or industrial properties. It must comply with the National Land Code 1965, Contracts Act 1950, and other relevant Malaysian legislation. The agreement typically includes comprehensive details about the property, parties involved, purchase price, payment terms, conditions precedent, warranties, and completion requirements. It also addresses specific Malaysian requirements such as stamp duty, real property gains tax, and where applicable, foreign investment restrictions or Islamic law considerations. The document serves as the primary evidence of the transaction and forms the basis for the subsequent registration of the transfer at the relevant Land Office.

What sections should be included in a Real Estate Transfer Agreement?

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

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

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

4. Property Details: Comprehensive description of the property including title details, lot number, and address as per National Land Code requirements

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

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

7. Vendor's Warranties: Warranties regarding property ownership, encumbrances, and condition

8. Completion: Details of completion process, timing, and requirements

9. Title and Transfer: Provisions regarding transfer of title and registration requirements

10. Costs and Taxes: Allocation of stamp duty, legal fees, and other transaction costs

11. Risk and Insurance: Transfer of risk and insurance obligations

12. Notices: Process for serving notices between parties

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

14. Execution: Signature blocks and execution requirements

What sections are optional to include in a Real Estate Transfer Agreement?

1. Strata Title Provisions: Required for apartments or condominiums under the Strata Titles Act

2. Foreign Investment Compliance: Required when purchaser is a foreign entity or individual

3. Islamic Law Compliance: Required when either party is Muslim or property is subject to Shariah law

4. Tenant Provisions: Required when property is currently tenanted

5. Developer's Obligations: Required for new properties or those under construction

6. Environmental Matters: Required for industrial properties or those with environmental concerns

7. GST Provisions: Required when transaction is subject to Goods and Services Tax

8. Renovation/Alteration Terms: Required when property includes ongoing or planned renovations

What schedules should be included in a Real Estate Transfer Agreement?

1. Property Schedule: Detailed property description, including lot number, title details, and land area

2. Payment Schedule: Breakdown of payment terms, installments, and due dates

3. Inventory List: List of fixtures, fittings, and furniture included in the sale

4. Title Particulars: Copy of land title and relevant title details

5. Encumbrances Schedule: List of existing encumbrances, charges, or caveats

6. Outstanding Payments: List of outstanding utilities, assessments, or other charges

7. Required Consents: List of necessary approvals and consents required for the transfer

8. Completion Documents: List of documents required for completion

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

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Relevant Industries

Real Estate

Property Development

Banking and Finance

Legal Services

Construction

Hospitality

Retail

Industrial

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Finance

Compliance

Property Management

Corporate Secretarial

Investment

Operations

Risk Management

Business Development

Relevant Roles

Legal Counsel

Property Manager

Real Estate Agent

Conveyancing Lawyer

Company Director

Financial Controller

Property Developer

Investment Manager

Compliance Officer

Real Estate Investment Manager

Corporate Secretary

Land Administrator

Project Manager

Asset Manager

Industries








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