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Cancellation Of Agreement For Sale Template for Malaysia

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Key Requirements PROMPT example:

Cancellation Of Agreement For Sale

"I need a Cancellation of Agreement for Sale for a commercial property transaction in Kuala Lumpur, where both parties have mutually agreed to terminate due to financing issues, with a deposit refund of RM 500,000 to be returned by March 15, 2025."

Document background
The Cancellation of Agreement for Sale is a crucial legal instrument in Malaysian business and property transactions when parties mutually agree to terminate their original sale agreement. This document is typically used when circumstances necessitate the termination of a sale transaction, whether due to failure to meet conditions precedent, mutual agreement to abandon the transaction, or other valid reasons. It provides a formal framework under Malaysian law for documenting the cancellation terms, handling refunds or settlements, and ensuring proper release of parties from their obligations. The document must comply with Malaysian legal requirements, including the Contracts Act 1950, Specific Relief Act 1950, and where applicable, the National Land Code 1965. It's particularly important in property transactions but is also used in various commercial contexts where a formal record of agreement cancellation is required.
Suggested Sections

1. Parties: Identification of all parties to the cancellation agreement, including full names, identification numbers, and addresses

2. Background: Recitals detailing the original sale agreement, its date, and key terms, and the circumstances leading to cancellation

3. Definitions: Definitions of key terms used in the cancellation agreement

4. Cancellation and Termination: Clear statement of mutual agreement to cancel the original agreement and the effective date of cancellation

5. Release and Discharge: Mutual release of parties from all obligations under the original agreement

6. Return of Documents: Provisions for the return of any original documents, titles, or other materials related to the sale

7. Costs: Allocation of costs related to the cancellation, including legal fees and stamp duty

8. Governing Law: Confirmation that the agreement is governed by Malaysian law

9. Execution: Signature blocks and execution formalities

Optional Sections

1. Refund Terms: Details of any deposit or payment refunds, including amount, method, and timeline - used when deposits or payments were made under the original agreement

2. Outstanding Obligations: Provisions dealing with any remaining obligations or payments - included when there are unresolved matters

3. Third Party Rights: Provisions relating to any third party interests or rights - needed when banks, guarantors, or other third parties are involved

4. Confidentiality: Provisions regarding confidentiality of the cancellation terms - used in sensitive commercial transactions

5. Non-Disparagement: Mutual agreement not to make negative statements about the other party - used in high-profile or contentious cancellations

6. Survival Clauses: Specification of which provisions survive the cancellation - used when certain rights or obligations should continue

Suggested Schedules

1. Schedule 1 - Original Agreement Details: Copy or details of the original sale agreement being cancelled

2. Schedule 2 - Property Details: Full description of the property or subject matter of the original sale

3. Schedule 3 - Settlement Terms: Detailed breakdown of any financial settlement, including refunds or payments

4. Schedule 4 - Return of Items Checklist: List of all documents and items to be returned by each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















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Relevant Industries

Real Estate

Property Development

Banking and Finance

Commercial and Retail

Industrial

Manufacturing

Agriculture

Hospitality

Construction

Relevant Teams

Legal

Compliance

Real Estate

Sales

Business Development

Risk Management

Contract Administration

Corporate Secretarial

Property Management

Relevant Roles

Legal Counsel

Contract Manager

Property Manager

Real Estate Manager

Compliance Officer

Transaction Manager

Business Development Manager

Sales Director

Company Secretary

Risk Manager

Legal Administrator

Property Developer

Commercial Director

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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