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Sale Deposit Agreement Template for Malaysia

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Key Requirements PROMPT example:

Sale Deposit Agreement

"I need a Sale Deposit Agreement for a residential property purchase in Kuala Lumpur, with a 2% deposit of RM 15,000 to be paid by January 15, 2025, with the full purchase to be completed within 3 months of signing."

Document background
The Sale Deposit Agreement is a preliminary legal instrument commonly used in Malaysian property transactions to secure the intention to purchase real estate. This document is typically executed before the main Sale and Purchase Agreement when a buyer wishes to reserve a property and demonstrate serious intent to purchase. It establishes the terms under which a deposit (usually 2-10% of the purchase price) is paid and held, often by a stakeholder such as a law firm. The agreement provides protection for both parties by clearly defining the conditions for the deposit's return or forfeiture, compliance requirements with Malaysian property laws, and the timeline for completing the full purchase. It's particularly important in both residential and commercial property transactions, helping to prevent disputes and providing clarity on parties' obligations during the period between initial deposit and final sale.
Suggested Sections

1. Parties: Identifies and provides full details of the Vendor and Purchaser, including names, identification numbers, and addresses

2. Background: Sets out the context of the agreement, including the intention to enter into a sale and purchase agreement for the property

3. Definitions: Defines key terms used throughout the agreement including 'Deposit', 'Property', 'Sale Price', and 'Completion Date'

4. Property Details: Specifies the full details of the property being sold, including title particulars and address

5. Deposit Amount: States the agreed deposit amount and percentage of the total purchase price it represents

6. Payment Terms: Details how and when the deposit is to be paid, including payment method and timeline

7. Purpose of Deposit: Clarifies that the deposit is paid as earnest money for the intended purchase of the property

8. Status of Deposit: Specifies how the deposit will be held and by whom (e.g., stakeholder terms if applicable)

9. Conditions for Return/Forfeiture: Sets out circumstances under which the deposit will be returned or forfeited

10. Time Period: Specifies the duration for which the deposit agreement is valid

11. Governing Law: Confirms that the agreement is governed by Malaysian law

12. Execution: Signature blocks for all parties and witnesses

Optional Sections

1. Stakeholder Provisions: Required if the deposit is to be held by a third party (such as a law firm), detailing the stakeholder's obligations

2. Additional Property Conditions: Used when there are specific conditions about the property that affect the deposit arrangement

3. Foreign Investment: Required if the purchaser is a foreign investor, addressing any special requirements or approvals needed

4. GST/Tax Provisions: Include when there are specific tax implications that need to be addressed regarding the deposit

5. Multiple Purchasers: Required when there are multiple purchasers, specifying their respective rights and obligations

6. Force Majeure: Optional clause to address unforeseen circumstances that might affect the deposit arrangement

7. Dispute Resolution: Detailed dispute resolution procedures beyond basic governing law provisions

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including lot number, title details, and any encumbrances

2. Schedule 2 - Payment Schedule: Breakdown of the deposit payment schedule if paid in installments

3. Schedule 3 - Required Documents: List of documents required from both parties for the completion of the sale

4. Appendix A - Property Photos: Recent photographs of the property (if applicable)

5. Appendix B - Title Search Results: Copy of recent land title search results

6. Appendix C - Special Conditions: Any special conditions agreed between the parties regarding the deposit or eventual sale

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

Relevant legal definitions






















Clauses




















Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Real Estate Investment

Commercial Property

Residential Property

Property Management

Relevant Teams

Legal

Real Estate

Sales

Compliance

Property Management

Contract Administration

Finance

Risk Management

Business Development

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Agent

Property Developer

Sales Manager

Conveyancing Executive

Property Manager

Contract Administrator

Property Investment Manager

Compliance Officer

Real Estate Transaction Manager

Property Sales Executive

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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