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Pre Sale Contract for Indonesia

Pre Sale Contract Template for Indonesia

A Pre Sale Contract under Indonesian law is a legally binding agreement that governs the sale of property before its completion. This document is particularly crucial in Indonesia's property development sector, where it must comply with specific regulations including Law No. 8 of 1999 on Consumer Protection and various property-specific regulations. The contract outlines the terms and conditions of the sale, including detailed property specifications, payment schedules, construction timelines, and handover procedures, while incorporating necessary consumer protections mandated by Indonesian law.

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What is a Pre Sale Contract?

The Pre Sale Contract is a fundamental document in Indonesian property transactions where properties are sold before completion. It is commonly used in both residential and commercial property developments, providing a legal framework for off-plan property sales. This document must strictly comply with Indonesian regulations, including the Consumer Protection Law and specific ministerial regulations governing property pre-sales. The contract typically includes comprehensive details about the property, payment terms, construction specifications, and delivery timelines. It serves to protect both the developer's and buyer's interests while ensuring transparency in the transaction. The document is particularly relevant in Indonesia's growing property market, where pre-selling is a common practice for financing development projects.

What sections should be included in a Pre Sale Contract?

1. Parties: Identification of the seller/developer and buyer with complete legal details as required under Indonesian law

2. Background: Context of the pre-sale arrangement and brief description of the property development project

3. Definitions: Definitions of key terms used throughout the agreement, including technical terms and Indonesian legal terminology

4. Object of Sale: Detailed description of the property being sold, including specific unit details and specifications

5. Purchase Price: Total purchase price, payment schedule, and payment methods in accordance with Indonesian regulations

6. Payment Terms: Detailed payment structure including installments, down payment, and financing arrangements

7. Construction Timeline: Expected completion dates and construction milestones

8. Handover Conditions: Terms and conditions for property handover, including inspection and acceptance procedures

9. Warranties: Developer's warranties regarding property condition and construction quality

10. Rights and Obligations: Detailed responsibilities of both parties during the pre-sale period

11. Default and Remedies: Consequences of default by either party and available remedies

12. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

13. Governing Law: Confirmation of Indonesian law application and jurisdiction

14. Dispute Resolution: Procedures for resolving disputes, including mediation and litigation options

15. Notices: Methods and addresses for official communications between parties

16. Execution: Signature requirements and execution formalities

What sections are optional to include in a Pre Sale Contract?

1. Mortgage Provisions: Include when buyer requires bank financing, detailing coordination with financial institutions

2. Property Management: Include for apartments or complexes with shared facilities and management arrangements

3. Assignment Rights: Include when transfer of rights before completion needs to be addressed

4. Tax Provisions: Include detailed tax arrangements when complex tax situations apply

5. Insurance Requirements: Include when specific insurance coverage is required during construction

6. Strata Title Provisions: Include for apartments requiring specific strata title arrangements

7. Third Party Rights: Include when other parties have interests in the development

8. Environmental Compliance: Include when project has specific environmental requirements or certifications

What schedules should be included in a Pre Sale Contract?

1. Property Specifications: Detailed technical specifications of the property including floor plans, materials, and finishes

2. Payment Schedule: Detailed breakdown of payment installments with due dates

3. Site Plan: Master plan of the development showing unit location and common areas

4. Building Permits: Copies of relevant building permits and approvals

5. Developer's Licenses: Copies of developer's business and development licenses

6. Construction Timeline: Detailed construction schedule with milestones

7. Facility Specifications: Details of common facilities and amenities included

8. Form of Handover Certificate: Template for property handover documentation

9. Quality Specifications: Detailed quality standards and specifications for materials and construction

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Sale Agreement

Cost

Free to use
Relevant legal definitions













































Clauses








































Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Residential Development

Commercial Property

Mixed-Use Development

Infrastructure Development

Relevant Teams

Legal

Real Estate

Sales

Project Management

Compliance

Finance

Construction

Customer Relations

Business Development

Property Management

Relevant Roles

Property Development Manager

Legal Counsel

Real Estate Manager

Sales Director

Project Manager

Contract Administrator

Compliance Officer

Property Sales Manager

Development Director

Construction Manager

Finance Manager

Customer Relations 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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