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Option To Buy Contract Template for Malaysia

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Key Requirements PROMPT example:

Option To Buy Contract

"I need an Option to Buy Contract for a commercial property in Kuala Lumpur, with a 6-month option period ending March 15, 2025, where my company is the potential buyer and the option fee is 2% of the total purchase price of RM 5 million."

Document background
The Option To Buy Contract is a crucial document in Malaysian property 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 must comply with Malaysian legislation, including the Contracts Act 1950, National Land Code 1965, and Stamp Act 1949. It typically includes detailed property descriptions, option period duration, consideration amount, exercise mechanisms, and completion procedures. This type of agreement is particularly valuable in commercial property transactions, development projects, or situations where parties need to secure future purchase rights while managing current obligations and risks.
Suggested Sections

1. Parties: Identification of the Option Grantor (seller) and Option Holder (potential buyer) with 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', 'Option Period', 'Purchase Price', 'Property', and 'Completion Date'

4. Grant of Option: Clear statement of the grant of 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 for exercising the option, including notice requirements and form of exercise notice

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

8. Property Details: Comprehensive description of the property including title details, encumbrances, and current use

9. Completion: Terms and conditions for completion of the sale if option is exercised, including timing and procedures

10. Seller's Obligations: Obligations of the seller during the option period, including maintenance of property and restrictions on dealing

11. Termination: Circumstances under which the agreement can be terminated and consequences of termination

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

13. Notices: Process for giving notices under the agreement including addresses and acceptable methods

Optional Sections

1. Due Diligence: Terms allowing the Option Holder to conduct property investigations - include when buyer requires inspection rights

2. Warranties: Seller's warranties about the property - include for higher value properties or where specific assurances are needed

3. Assignment: Rights to assign the option - include when the Option Holder may want to transfer rights

4. Property Management: Terms for property management during option period - include for tenanted properties or those requiring active management

5. Tax Provisions: Detailed tax arrangements - include for high-value transactions or complex tax situations

6. Broker/Agent Provisions: Terms relating to real estate agents - include when brokers are involved in the transaction

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including lot number, title details, and any easements or encumbrances

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

3. Payment Schedule: Breakdown of payment terms including option fee, deposit, and balance payment details

4. Property Inventory: List of fixtures, fittings, and contents included in the sale

5. Existing Tenancies: Details of any existing tenancy agreements affecting the property

6. Title Documents: Copies of relevant title documents and searches

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

Property Development

Commercial Property

Residential Property

Retail

Industrial

Hospitality

Agriculture

Manufacturing

Banking and Finance

Legal Services

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Investment

Finance

Commercial

Compliance

Risk Management

Operations

Relevant Roles

Real Estate Manager

Property Developer

Legal Counsel

Contract Manager

Property Manager

Business Development Manager

Investment Manager

Corporate Lawyer

Conveyancing Lawyer

Land Acquisition Manager

Real Estate Agent

Property Investment Advisor

Company Director

Chief Financial Officer

Commercial Director

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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