Property Options Contract Template for Malaysia

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Key Requirements PROMPT example:

Property Options Contract

"I need a Property Options Contract for a foreign buyer who wants a 3-month option to purchase my residential property in Kuala Lumpur for RM 2.5 million, with the option period starting March 1, 2025, and including foreign ownership compliance requirements."

Document background
The Property Options Contract is a crucial document in Malaysian real estate transactions, providing a structured framework for property acquisition negotiations. It is commonly used when a potential buyer needs time to arrange financing, conduct due diligence, or secure necessary approvals before committing to a purchase. The document grants the Option Holder exclusive rights to purchase the property within a specified period, typically ranging from 14 days to 3 months, in exchange for an option fee. This contract type must comply with Malaysian property laws, including the National Land Code 1965 and the Contracts Act 1950, and may require additional provisions for foreign buyers under the Guidelines on the Acquisition of Properties by Foreign Interests. The agreement protects both parties' interests by clearly defining the option terms, property details, purchase price, and exercise mechanisms.
Suggested Sections

1. Parties: Identification of the Option Grantor (property owner) and Option Holder, including full names, identification numbers, and addresses

2. Background: Context of the agreement, including brief property description and parties' intention to enter into an option arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Option Period', 'Option Fee', 'Purchase Price', and 'Property'

4. Grant of Option: Terms of the option grant, including exclusivity and duration of the option period

5. Option Fee: Details of the option fee, payment terms, and whether it forms part of the purchase price

6. Exercise of Option: Procedure for exercising the option, including notice requirements and timeframes

7. Purchase Price: Agreed purchase price for the property and payment terms if option is exercised

8. Property Details: Detailed description of the property, including title particulars and encumbrances

9. Conditions Precedent: Any conditions that must be satisfied before the option can be exercised

10. Representations and Warranties: Standard warranties about property ownership, authority to sell, and condition of property

11. Termination: Circumstances under which the option agreement may be terminated

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

13. Execution: Formal execution blocks for all parties and witnesses

Optional Sections

1. Foreign Ownership Compliance: Required when the Option Holder is a foreign entity or individual, detailing compliance with Malaysian foreign ownership restrictions

2. Development Conditions: Included when the property has specific development or zoning requirements that affect its use or value

3. Strata Title Provisions: Required for properties under strata titles, including relevant management corporation requirements

4. Assignment Rights: Optional provisions regarding the right to assign the option to third parties

5. Due Diligence Period: Optional section allowing the Option Holder to conduct property investigations before exercise

6. Broker/Agent Provisions: Required when real estate agents are involved in the transaction

7. Force Majeure: Optional provisions for unforeseen circumstances affecting the option agreement

Suggested Schedules

1. Property Schedule: Detailed property description, including lot number, title details, and exact measurements

2. Option Exercise Notice: Prescribed form for exercising the option

3. Title Search Results: Recent land title search showing encumbrances and restrictions

4. Payment Schedule: Breakdown of payment terms including option fee, deposit, and balance purchase price

5. Property Plans: Certified plans showing property boundaries and structures

6. Special Conditions: Any special conditions or restrictions affecting the property

7. Due Diligence Checklist: List of documents and information to be provided during due diligence

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

Property Management

Urban Planning

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Investment

Compliance

Finance

Development

Operations

Risk Management

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Property Manager

Legal Counsel

Conveyancing Executive

Investment Manager

Property Acquisition Manager

Real Estate Investment Director

Development Manager

Land Officer

Compliance Officer

Property Valuer

Transaction 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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