Commercial Lease Option To Buy Template for Malaysia

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Key Requirements PROMPT example:

Commercial Lease Option To Buy

"I need a Commercial Lease Option to Buy agreement for a retail space in Kuala Lumpur, with a 3-year lease starting March 1, 2025, and an option to purchase the property at a pre-agreed price of RM 2.5 million exercisable after the first 18 months of the lease term."

Document background
The Commercial Lease Option To Buy agreement is a sophisticated legal instrument used in Malaysian commercial property transactions where a tenant wishes to secure both immediate occupancy rights and future purchase rights for a commercial property. This document is particularly useful for businesses that want to test a location before committing to a purchase, or those that need time to arrange financing for a future acquisition. It must comply with Malaysian property and contract law, including the National Land Code 1965 and relevant commercial tenancy regulations. The agreement typically includes detailed provisions for the lease period, rent payments, maintenance obligations, and specific mechanisms for exercising the purchase option, including price determination and completion procedures.
Suggested Sections

1. Parties: Identification and details of the landlord and tenant, including registration numbers for companies

2. Background: Context of the agreement, including property ownership confirmation and parties' intentions

3. Definitions: Key terms used throughout the agreement including Property, Lease Term, Option Period, Purchase Price

4. Demise: Formal grant of lease and description of the leased premises

5. Lease Term: Duration of the lease, commencement date, and any renewal provisions

6. Rent and Payment Terms: Rental amount, payment schedule, review mechanisms, and security deposit requirements

7. Tenant's Covenants: Obligations of the tenant including maintenance, permitted use, and compliance with regulations

8. Landlord's Covenants: Obligations of the landlord including quiet enjoyment and structural maintenance

9. Option to Purchase: Terms of the purchase option, including exercise period, purchase price, and exercise mechanism

10. Exercise of Option: Procedure for exercising the option and timeline for completion

11. Termination: Circumstances and procedures for termination of lease and/or option

12. Governing Law: Confirmation of Malaysian law governance and jurisdiction

Optional Sections

1. Insurance: Detailed insurance requirements beyond standard coverage, used when specific risks need addressing

2. Assignment and Subletting: Rights and restrictions regarding transfer of lease or option rights, included when these rights are to be granted

3. Alterations and Improvements: Rules for modifications to the property, included when significant changes are anticipated

4. Environmental Matters: Environmental compliance requirements, included for industrial or potentially hazardous uses

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant post-COVID

6. Break Clause: Early termination rights, included when flexibility is needed

7. GST/Tax Provisions: Detailed tax treatment, included when complex tax implications exist

Suggested Schedules

1. Property Description: Detailed description of the property including land title details, floor plans, and boundaries

2. Rent Schedule: Detailed breakdown of rent payments, increases, and review dates

3. Condition Report: Initial condition of the property with photographs and descriptions

4. Permitted Use: Detailed description of allowed commercial activities

5. Option Terms: Detailed mechanism for price calculation and purchase completion process

6. Building Rules: If part of a larger complex, the building rules and regulations

7. Maintenance Schedule: Detailed breakdown of maintenance responsibilities between parties

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

Clauses
Relevant Industries

Commercial Real Estate

Retail

Manufacturing

Hospitality

Healthcare

Professional Services

Warehousing and Logistics

Industrial

Technology

Education

Relevant Teams

Legal

Finance

Real Estate

Operations

Facilities Management

Risk and Compliance

Corporate Development

Property Management

Business Development

Treasury

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Real Estate Director

Property Manager

Facilities Manager

Legal Counsel

Commercial Director

Operations Manager

Business Development Manager

Finance Manager

Risk Manager

Compliance Officer

Asset 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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