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Memorandum Of Understanding For Sale Of Property
"I need a Memorandum of Understanding for Sale of Property for a commercial warehouse in Kuala Lumpur, where my company is the buyer and we require a 45-day exclusive due diligence period starting March 1, 2025, with specific provisions for environmental compliance checks."
1. Parties: Identifies and provides full details of all parties involved in the MOU
2. Background: Sets out the context and circumstances leading to the MOU
3. Definitions: Defines key terms used throughout the document
4. Purpose: States the objective of the MOU and its non-binding nature
5. Property Details: Describes the property being considered for sale, including its full legal description
6. Purchase Price: States the proposed purchase price and any price adjustment mechanisms
7. Payment Terms: Outlines the proposed payment structure and timeline
8. Due Diligence: Sets out the scope and process for property and title investigation
9. Conditions Precedent: Lists conditions that must be satisfied before proceeding to the final sale agreement
10. Timeline: Establishes key dates and deadlines for various stages of the transaction
11. Binding Provisions: Specifies which provisions are legally binding (typically confidentiality, exclusivity, and governing law)
12. Termination: States how and when the MOU may be terminated
13. Governing Law: Specifies that Malaysian law governs the MOU
14. Execution: Contains signature blocks and execution formalities
1. Exclusivity: Optional clause providing for exclusive negotiations for a specified period - include when parties want to ensure no parallel negotiations
2. Deposit: Details of any initial deposit - include when an earnest payment is being made
3. Broker/Agent: Details of any real estate agents involved - include when property agents are part of the transaction
4. Existing Tenancies: Information about current tenants - include when property is subject to existing leases
5. Property Management: Arrangements for property management during the interim period - include for commercial properties
6. Warranties: Basic warranties about the property - include when specific assurances are needed before due diligence
7. Cost Allocation: Details who bears various transaction costs - include when costs need to be pre-agreed
8. Foreign Investment: Provisions relating to foreign ownership approval - include when buyer is non-Malaysian
1. Property Schedule: Detailed description of the property including lot number, title details, and physical characteristics
2. Payment Schedule: Detailed breakdown of the payment structure and timeline
3. Due Diligence Checklist: List of documents and information to be provided for due diligence
4. Existing Encumbrances: List of any existing charges, liens, or encumbrances on the property
5. Required Approvals: List of regulatory and other approvals needed to complete the transaction
6. Property Plans: Floor plans, location maps, and other relevant property drawings
7. Inventory List: List of fixtures and fittings included in the sale (if applicable)
8. Form of Sale and Purchase Agreement: Draft or key terms of the proposed final sale agreement
Authors
Business Day
Completion
Completion Date
Confidential Information
Deposit
Due Diligence Period
Effective Date
Encumbrances
Identity Card
Land Office
Long Term Lease
Material Adverse Change
Memorandum
National Land Code
Parties
Payment Schedule
Permitted Use
Property
Purchase Price
Purchaser
Registration Fee
Sale and Purchase Agreement
Seller
Stamp Duty
State Authority
Strata Title
Term
Title Deed
Transaction Documents
Transfer Form
Vacant Possession
Definitions
Purpose
Property Description
Purchase Price
Payment Terms
Due Diligence
Conditions Precedent
Binding Effect
Confidentiality
Exclusivity
Access Rights
Representations and Warranties
Property Title
Encumbrances
Time Period
Transaction Timeline
Further Assurance
Costs and Expenses
Assignment
Force Majeure
Notices
Entire Agreement
Severability
Amendment
Governing Law
Dispute Resolution
Good Faith
Termination
Execution
Real Estate
Property Development
Construction
Hospitality
Retail
Commercial Property
Industrial Property
Residential Property
Investment Management
Property Investment
Banking & Finance
Healthcare
Education
Legal
Real Estate
Property Management
Investment
Finance
Compliance
Risk Management
Business Development
Operations
Facilities Management
Corporate Affairs
Due Diligence
Asset Management
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Manager
Investment Manager
Legal Counsel
Corporate Lawyer
Real Estate Agent
Property Development Manager
Asset Manager
Facilities Manager
Investment Analyst
Due Diligence Officer
Compliance Officer
Risk Manager
Company Secretary
Business Development Manager
Acquisition Manager
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