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Real Estate Contract Assignment Form Template for Malaysia

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Key Requirements PROMPT example:

Real Estate Contract Assignment Form

"I need a Real Estate Contract Assignment Form for transferring my rights to a condominium unit in Kuala Lumpur to a new buyer, with completion scheduled for March 2025; the property is currently under construction and requires developer consent."

Document background
The Real Estate Contract Assignment Form is a crucial document in Malaysian property transactions, particularly in situations where a property needs to be transferred before the issuance of the individual/strata title or completion of the property. This document is commonly used in both residential and commercial property transactions when the original purchaser wishes to assign their rights and obligations under the original sale and purchase agreement to a new buyer. The form must comply with Malaysian property laws, including the National Land Code 1965 and the Contracts Act 1950, and typically requires various consents and approvals from stakeholders such as developers or financial institutions. It includes comprehensive details about the property, parties involved, consideration, and terms of assignment, ensuring legal protection for all parties and proper documentation for registration purposes.
Suggested Sections

1. Parties: Identification of the Assignor (original purchaser), Assignee (new purchaser), and Developer/Vendor (original seller)

2. Background: Recitals explaining the original sale and purchase agreement, current status of the property, and intention to assign

3. Definitions: Key terms used throughout the agreement including Property, Original SPA, Assignment Price, Completion Date

4. Assignment: Core clause transferring all rights, titles, interests, and obligations from Assignor to Assignee

5. Consideration: Details of the assignment price and payment terms

6. Assignor's Warranties: Warranties regarding ownership, right to assign, property condition, and absence of encumbrances

7. Completion: Procedures and requirements for completing the assignment, including documentation and registration

8. Costs and Stamp Duty: Allocation of legal costs, stamp duty, and other expenses

9. Notices: Procedures for serving notices between parties

10. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction

Optional Sections

1. Developer's Consent: Required when the original sale and purchase agreement or property title requires developer's consent for assignment

2. Bank's Consent: Included when the property is under financing and requires the bank's approval for assignment

3. Condition of Property: Detailed section about property condition when specific representations are required

4. Outstanding Payments: Section addressing any pending payments, maintenance fees, or utilities to be settled

5. Tax Provisions: Specific clauses regarding Real Property Gains Tax when applicable

6. Renovation Works: Details of any modifications or renovations when the property has been altered

Suggested Schedules

1. Property Details: Comprehensive description of the property including lot number, title details, and location

2. Original Sale and Purchase Agreement: Copy or details of the original SPA being assigned

3. Payment Schedule: Breakdown of assignment price payment terms and installments

4. Outstanding Documents: List of pending documents and requirements for completion

5. Property Inventory: List of fixtures, fittings, and items included in the assignment

6. Required Consents: Copies of necessary consents from developer, bank, or other parties

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






















Clauses


























Relevant Industries

Real Estate

Property Development

Banking and Finance

Legal Services

Construction

Property Management

Real Estate Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Operations

Documentation

Finance

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Property Developer

Bank Officer

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Property Consultant

Transaction Manager

Contract Administrator

Title Officer

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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