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Pre Sale Purchase Agreement

Pre Sale Purchase Agreement Template for Malaysia

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Key Requirements PROMPT example:

Pre Sale Purchase Agreement

"I need a Pre Sale Purchase Agreement for a luxury condominium development in Kuala Lumpur, Malaysia, with completion scheduled for March 2025, including specific provisions for premium facilities and a guaranteed rental program."

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Document background
The Pre Sale Purchase Agreement is a crucial document in Malaysian property development, used when purchasing property that is yet to be constructed or is under construction. This agreement is strictly regulated under the Housing Development (Control and Licensing) Act 1966 and its regulations, which mandate specific terms and protections for homebuyers. The document serves as a legally binding contract between developers and purchasers, outlining construction specifications, payment schedules, completion deadlines, and quality standards. It includes provisions for vacant possession, defect liability, and property maintenance, while ensuring compliance with local building regulations and development standards. This agreement type is essential for off-plan property purchases and provides legal protection for both developers and buyers throughout the development process.
Suggested Sections

1. Parties: Identification of the Developer/Vendor and the Purchaser with full details

2. Background: Recitals explaining the development project, property details, and context of the agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Sale and Purchase: Core agreement for the sale and purchase of the property

5. Purchase Price: Specified purchase price and payment schedule in accordance with regulations

6. Construction and Specifications: Details of construction standards, materials, and specifications

7. Time for Delivery of Vacant Possession: Completion timeline and conditions for delivering vacant possession

8. Defect Liability Period: Terms of the defect liability period and process for defect rectification

9. Maintenance Charges and Sinking Fund: Provisions for maintenance fees and sinking fund contributions

10. Utilities and Services: Responsibilities for utility connections and service provisions

11. Title and Transfer: Conditions regarding property title and transfer procedures

12. Developer's Covenants: Developer's warranties, undertakings, and obligations

13. Purchaser's Covenants: Purchaser's warranties, undertakings, and obligations

14. Termination: Circumstances and procedures for agreement termination

15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

16. Notices: Requirements for serving notices between parties

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

18. Execution: Formal execution clauses and signing requirements

Optional Sections

1. Strata Title Provisions: Additional provisions for stratified properties, including share units and management corporation requirements

2. Financial Institution Provisions: Special conditions when purchase is financed through a bank or financial institution

3. Car Park Provisions: Specific terms for car park allocation and usage rights

4. Special Privileges and Restrictions: Any Bumiputera restrictions or special conditions applicable to the property

5. Interior Design Package: Terms for any optional interior design or renovation packages

6. Rental Guarantee: Optional rental guarantee schemes offered by the developer

7. Property Management: Special terms for property management services if offered by developer

Suggested Schedules

1. Property Description Schedule: Detailed description of the property including lot number, size, and location

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

3. Specifications Schedule: Detailed construction and material specifications

4. Floor Plan: Approved floor plan and layout drawings

5. Site Plan: Development site plan showing location and common facilities

6. Facilities Schedule: List and description of common facilities and amenities

7. Title Conditions: Conditions of title and restrictions on land use

8. Maintenance Fee Schedule: Breakdown of maintenance fees and sinking fund calculations

9. Defects List Form: Standard form for reporting defects during liability period

10. Certificate of Completion Timeline: Expected timeline for obtaining various completion certificates

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

Construction

Property Development

Banking and Finance

Legal Services

Architecture and Design

Urban Planning

Construction Materials

Facilities Management

Relevant Teams

Legal

Property Development

Sales

Compliance

Construction

Project Management

Customer Service

Quality Assurance

Finance

Design

Relevant Roles

Property Developer

Real Estate Lawyer

Project Manager

Sales Director

Legal Counsel

Compliance Officer

Construction Manager

Property Sales Manager

Development Director

Contract Administrator

Real Estate Agent

Property Consultant

Financial Advisor

Architect

Quality Control 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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