Property Purchase Option Agreement Template for Malaysia

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Key Requirements PROMPT example:

Property Purchase Option Agreement

"I need a Property Purchase Option Agreement for a commercial warehouse in Penang, Malaysia, with a 6-month option period starting March 1, 2025, and an option fee of RM 50,000 that will be credited towards the final purchase price of RM 2.5 million."

Document background
The Property Purchase Option Agreement is a crucial document in Malaysian real estate transactions, used when a potential buyer wishes to secure the right to purchase a property without immediate commitment to the full purchase. This agreement type is particularly valuable in the Malaysian property market where property values can fluctuate and buyers may need time to arrange financing or conduct due diligence. The document provides security for both parties by clearly defining the terms of the option, including the purchase price, option period, and exercise mechanisms. It must comply with Malaysian property laws, including the National Land Code 1965 and relevant state regulations, and requires proper stamping under the Stamp Act 1949 to be legally enforceable. This agreement is commonly used in both residential and commercial property transactions, particularly in developing areas or for high-value properties where buyers need additional time to finalize arrangements.
Suggested Sections

1. Parties: Identification of the Option Grantor (property owner) and Option Holder, including full legal names 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: Core provision granting the exclusive option to purchase the property, including the option period duration

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

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

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

8. Property Condition: Statements regarding the condition of the property and any warranties provided

9. Completion: Timeline and requirements for completing the purchase after option exercise

10. Default and Termination: Consequences of default by either party and circumstances for termination

11. Notices: How formal notices under the agreement must be given

12. Governing Law: Confirmation that Malaysian law governs the agreement

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Foreign Investment Approval: Required when the Option Holder is a foreign entity or person, detailing necessary approvals

2. Due Diligence: Include when the Option Holder requires a due diligence period before exercise

3. Financing Conditions: Include when the option exercise is conditional on the Option Holder obtaining financing

4. Property Access: Include when the Option Holder needs access for inspections or valuations during the option period

5. Assignment: Include when either party may need to assign their rights under the agreement

6. Agent Commission: Include when real estate agents are involved and commission arrangements need to be documented

7. Strata Title Conditions: Required for apartments or condominiums under strata title

8. Development Conditions: Include when the property is part of a development project with specific conditions

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including lot number, title details, and encumbrances

2. Schedule 2 - Option Exercise Form: Pro-forma notice for exercising the option

3. Schedule 3 - Payment Schedule: Breakdown of all payments including option fee, deposit, and balance purchase price

4. Schedule 4 - Special Conditions: Any special conditions or requirements specific to the property or transaction

5. Schedule 5 - Property Plans: Relevant plans, drawings, or surveys of the property

6. Appendix A - Required Approvals: List of required regulatory or governmental approvals

7. Appendix B - Form of Sale and Purchase Agreement: Draft of the sale and purchase agreement to be entered into upon option exercise

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

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Agriculture (for agricultural land)

Construction

Banking and Finance

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Investment

Finance

Compliance

Operations

Corporate Development

Risk Management

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Contract Manager

Property Manager

Investment Manager

Real Estate Agent

Business Development Manager

Land Acquisition Manager

Corporate Lawyer

Property Investment Analyst

Chief Financial Officer

Development Director

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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