Bargain And Sale Deed Template for Malaysia

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Key Requirements PROMPT example:

Bargain And Sale Deed

"I need a Bargain and Sale Deed for transferring a residential property in Kuala Lumpur from an individual seller to a married couple, with completion scheduled for March 15, 2025, including provisions for an existing tenant's lease agreement."

Document background
The Bargain and Sale Deed is a crucial document in Malaysian property transactions, used when transferring real property ownership from one party to another. It is primarily governed by the National Land Code 1965 and must comply with various state-specific regulations. This deed is essential for documenting the transfer of legal title, containing detailed information about the property, parties involved, consideration paid, and various warranties about the property's title. It must be properly executed, witnessed, and registered with the relevant land office to be legally effective. The document is commonly used in both residential and commercial property transactions throughout Malaysia, and its format and content must adhere to strict legal requirements to ensure valid property transfer.
Suggested Sections

1. Title and Date: Identifies the document as a Bargain and Sale Deed and specifies the execution date

2. Parties: Identifies the Vendor (Seller) and Purchaser with full legal names, identification numbers, and addresses

3. Recitals: Background information including Vendor's ownership, title details, and intention to sell

4. Definitions: Defines key terms used throughout the deed

5. Consideration: States the purchase price and payment terms

6. Property Description: Detailed description of the property being transferred, including lot number, title details, and address

7. Transfer Declaration: Formal words of transfer conveying the property from Vendor to Purchaser

8. Vendor's Covenants: Warranties regarding title, right to sell, and freedom from encumbrances

9. Title and Documents: Provisions regarding the handover of title documents and relevant certificates

10. Execution: Signature blocks for parties and witnesses

11. Attestation: Witnessing provisions and declarations

Optional Sections

1. Encumbrances: Details of any existing charges, liens, or encumbrances - include when property has registered encumbrances

2. Consent Requirements: Required when State Authority or other third-party consent is needed for the transfer

3. Special Conditions: Any unique terms specific to the transaction - include when there are non-standard arrangements

4. Tax Declarations: Statements regarding Real Property Gains Tax - include when applicable to the transaction

5. Restrictions in Interest: Details of any restrictions on the land title - include when applicable

6. Power of Attorney: Include when any party is acting through an attorney

Suggested Schedules

1. First Schedule: Detailed legal description of the property including lot number, title details, and land area

2. Second Schedule: List of title documents being transferred

3. Third Schedule: Copy of the latest land title search

4. Fourth Schedule: List of fixtures and fittings included in the sale (if applicable)

5. Appendix A: Property plans and drawings

6. Appendix B: Relevant permits and certificates

7. Appendix C: Copy of strata title (for stratified properties)

Authors

Alex Denne

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

Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Investment

Agriculture (for agricultural land)

Industrial

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Compliance

Corporate Secretarial

Investment

Operations

Finance

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Land Administrator

Real Estate Agent

Property Developer

Legal Counsel

Conveyancing Executive

Title Officer

Company Secretary

Property Investment Manager

Compliance Officer

Real Estate Investment 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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