Property Swap Agreement

Property Swap Agreement Template for Malaysia

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Key Requirements PROMPT example:

"I need a Property Swap Agreement to exchange my commercial office building in Kuala Lumpur for a retail space in Penang, with completion targeted for March 2025, including provisions for existing tenants in both properties."

Document background

The Property Swap Agreement is a specialized legal instrument used when two or more parties wish to exchange ownership of real properties in Malaysia rather than conducting separate sale and purchase transactions. This type of agreement is particularly useful for property portfolio restructuring, strategic property exchanges, or when parties prefer a direct swap over cash transactions. The document must comply with Malaysian property laws, including the National Land Code 1965, Stamp Act 1949, and relevant state regulations. It typically includes detailed property descriptions, valuations, warranties, completion procedures, and any monetary adjustments if the properties have different values. The agreement is commonly used by property developers, investment companies, and individual property owners looking to efficiently restructure their property holdings while minimizing cash transactions.

Suggested Sections

1. Parties: Identification and details of all parties involved in the property swap

2. Background: Context of the agreement and brief description of the properties to be swapped

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

4. Agreement to Swap: Core agreement clause detailing the mutual agreement to exchange properties

5. Properties Description: Detailed description of both properties including their legal titles and encumbrances

6. Conditions Precedent: Conditions that must be satisfied before the swap can be completed

7. Completion Requirements: Steps to be taken to complete the swap, including documentation and registration requirements

8. Representations and Warranties: Statements of fact and promises made by each party regarding their respective properties

9. Costs and Taxes: Allocation of transaction costs, stamp duties, and other taxes

10. Default and Remedies: Consequences of breach and available remedies

11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Valuation Mechanism: Include when properties have different values and monetary compensation is involved

2. Tenant Provisions: Required if either property is currently tenanted

3. Foreign Ownership Compliance: Include if any party is non-Malaysian

4. Condition of Properties: Detailed section about property condition if properties are not being accepted 'as is'

5. Interim Period Obligations: Include if there's a significant gap between signing and completion

6. Bank Consent: Required if either property has existing mortgage or financing

7. Property Management: Include for properties with shared facilities or management contracts

8. Tax Indemnities: Specific tax arrangements if complex tax implications exist

Suggested Schedules

1. Schedule 1 - Property A Details: Complete legal description, title details, and encumbrances of first property

2. Schedule 2 - Property B Details: Complete legal description, title details, and encumbrances of second property

3. Schedule 3 - Form of Transfer Documents: Templates of required transfer documents under Malaysian law

4. Schedule 4 - Completion Checklist: List of documents and actions required for completion

5. Schedule 5 - Existing Tenancies: Details of any existing tenancy agreements (if applicable)

6. Appendix A - Property Plans: Official plans and drawings of both properties

7. Appendix B - Title Searches: Recent land searches and title details

8. Appendix C - Valuation Reports: Independent valuation reports if required for stamp duty purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 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

Property Development

Construction

Investment Management

Property Management

Legal Services

Banking & Finance

Public Sector

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Investment

Facilities Management

Compliance

Risk Management

Finance

Operations

Relevant Roles

Property Manager

Real Estate Director

Legal Counsel

Property Development Manager

Investment Manager

Asset Manager

Facilities Manager

Real Estate Partner

Property Portfolio Manager

Land Officer

Real Estate Agent

Property Valuer

Compliance Officer

Real Estate Analyst

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