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Earnest Money Form For Sale By Owner Template for Malaysia

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Key Requirements PROMPT example:

Earnest Money Form For Sale By Owner

"I need an Earnest Money Form For Sale By Owner for my double-story terrace house in Petaling Jaya, Malaysia, with a 2% earnest money deposit of the RM 850,000 purchase price, to be held by CIMB Bank until the closing date of March 15, 2025."

Document background
The Earnest Money Form For Sale By Owner is a crucial document in Malaysian private property transactions where owners choose to sell their property directly without real estate agent involvement. This document becomes necessary when a potential buyer wishes to demonstrate serious intent to purchase by providing a good faith deposit. It serves to protect both parties' interests by clearly defining the terms of the earnest money deposit, including amount, payment method, conditions for refund or forfeiture, and application towards the final purchase price. The form must comply with Malaysian property law, including the National Land Code 1965 and Contracts Act 1950, while being structured to accommodate the specific needs of private sellers and buyers operating without professional real estate representation. It's particularly important in Malaysian property transactions as it helps establish a legally binding commitment while the full sale and purchase agreement is being prepared.
Suggested Sections

1. Parties: Identification of the seller (owner) and prospective buyer, including full legal names, identification numbers, and addresses

2. Background: Brief context of the transaction, including the intent to sell/purchase the identified property

3. Definitions: Key terms used in the agreement including 'Earnest Money', 'Property', 'Purchase Price', and 'Closing Date'

4. Property Details: Complete legal description of the property, including address, lot number, and title details

5. Purchase Price: The total agreed purchase price for the property

6. Earnest Money Details: Amount of earnest money, payment method, and deadline for payment

7. Deposit Holder: Details of who will hold the earnest money (usually a law firm or bank) and their responsibilities

8. Conditions for Refund: Circumstances under which the earnest money will be refunded to the buyer

9. Conditions for Forfeiture: Circumstances under which the seller may retain the earnest money

10. Application of Deposit: How the earnest money will be applied to the purchase price upon completion

11. Time Period: Duration for which the agreement is valid and deadline for completing the full purchase

12. Execution: Signature blocks for all parties, including witnesses as required under Malaysian law

Optional Sections

1. Property Inspection Contingency: To be included if the earnest money agreement is contingent on a satisfactory property inspection

2. Financing Contingency: To be included if the buyer's purchase is contingent on obtaining financing

3. Title Search Contingency: To be included if the agreement is contingent on a satisfactory title search

4. Existing Tenancy: To be included if the property has existing tenants and details of their rights/notice periods

5. Special Conditions: Any unique circumstances or conditions specific to this transaction

6. Dispute Resolution: Optional detailed procedure for resolving disputes over the earnest money

7. Agent Disclaimer: Statement confirming no real estate agents are involved and parties understand they are foregoing professional representation

Suggested Schedules

1. Schedule A - Property Details: Detailed property information including lot size, boundaries, and included fixtures/fittings

2. Schedule B - Payment Schedule: Breakdown of payment terms including earnest money, balance payment structure

3. Schedule C - Property Inspection Report: If applicable, format for recording property inspection results

4. Appendix 1 - Property Documents: List of all property-related documents provided by seller

5. Appendix 2 - Property Photos: Recent photographs of the property documenting current condition

6. Appendix 3 - Bank Details: Secure banking information for earnest money transfer

Authors

Alex Denne

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

Relevant legal definitions

























Clauses

























Relevant Industries

Real Estate

Banking & Financial Services

Legal Services

Property Development

Construction

Housing & Development

Private Housing

Residential Property

Commercial Property

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Document Control

Operations

Administration

Relevant Roles

Property Owner

Private Seller

Home Owner

Legal Counsel

Property Lawyer

Conveyancing Lawyer

Bank Manager

Property Valuator

Building Inspector

Property Developer

Real Estate Investor

Finance Manager

Legal Administrator

Compliance Officer

Property 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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