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Home Equity Agreement

Home Equity Agreement Template for Malaysia

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Key Requirements PROMPT example:

Home Equity Agreement

"I need a Home Equity Agreement for a residential property in Kuala Lumpur, where an investment company will provide RM 500,000 in exchange for 40% equity share, with a minimum term of 5 years starting March 2025."

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Document background
The Home Equity Agreement serves as a crucial legal instrument in the Malaysian property market, enabling homeowners to access their property's equity without traditional debt financing. This document is typically used when property owners seek to unlock the value of their real estate while retaining occupancy rights, and investors look for real estate investment opportunities. The agreement details the equity sharing structure, valuation mechanisms, rights and obligations of both parties, and exit provisions, all within the framework of Malaysian property and financial services laws. It includes specific provisions for compliance with local regulations, including the National Land Code 1965 and Financial Services Act 2013, making it suitable for both residential property transactions and investment portfolios.
Suggested Sections

1. Parties: Identification of the homeowner and the investing entity, including full legal names and details

2. Background: Context of the agreement, including property ownership status and purpose of the equity sharing arrangement

3. Definitions: Key terms used throughout the agreement, including technical and financial terms

4. Property Details: Comprehensive description of the subject property, including legal title details

5. Investment Terms: Core terms of the equity sharing arrangement, including investment amount and equity percentage

6. Valuation: Methodology and process for initial and subsequent property valuations

7. Representations and Warranties: Statements of fact and promises by both parties regarding their capacity and the property

8. Covenants: Ongoing obligations of both parties during the agreement term

9. Term and Termination: Duration of the agreement and circumstances for early termination

10. Exit Mechanisms: Procedures for ending the agreement, including sale or buyout options

11. Dispute Resolution: Process for resolving disagreements between parties

12. Governing Law: Specification of Malaysian law as governing law and jurisdiction

Optional Sections

1. Insurance Requirements: Detailed insurance obligations when specific coverage is required beyond standard property insurance

2. Property Maintenance Standards: Specific maintenance requirements when property condition is a particular concern

3. Third Party Rights: Required when other parties have interests in the property or agreement

4. Special Conditions: For unique circumstances or requirements specific to the property or parties

5. Islamic Finance Compliance: Required when the agreement needs to comply with Shariah principles

6. Property Development Rights: When future development or renovation rights need to be addressed

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including title details

2. Investment Terms Schedule: Detailed financial terms, calculations, and payment arrangements

3. Valuation Methodology Schedule: Specific procedures and requirements for property valuation

4. Permitted Use Schedule: Detailed requirements regarding property use and maintenance

5. Required Insurance Schedule: Specific insurance requirements and minimum coverage amounts

6. Form of Notices: Template forms for various notices required under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































Clauses


























Relevant Industries

Real Estate

Financial Services

Property Investment

Consumer Finance

Legal Services

Banking

Property Development

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Investment

Property Management

Finance

Operations

Valuations

Relevant Roles

Legal Counsel

Property Manager

Investment Manager

Financial Advisor

Real Estate Attorney

Compliance Officer

Risk Manager

Property Valuation Specialist

Contract Administrator

Real Estate Investment Analyst

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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