The Deed of Sale For House is a crucial legal instrument in Indonesian property transactions, required for all residential property transfers under Indonesian law. This document is essential when transferring ownership of a house or residential property, whether it involves private individuals, corporations, or other legal entities. It must be prepared by a licensed Indonesian notary and comply with the Indonesian Civil Code, Basic Agrarian Law, and relevant property regulations. The deed includes comprehensive details about the property, parties involved, purchase price, payment terms, and various legal declarations. It serves as the foundation for property registration with the National Land Office (BPN) and is necessary for updating land certificates. The document also addresses tax obligations, including Land and Building Rights Transfer Duty (BPHTB) and Income Tax on property transfers.
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1. Parties: Identification of the seller and buyer with complete legal names, ID numbers (KTP/passport), addresses, and their legal capacity to enter into the agreement
2. Background: Brief history of the property ownership, purpose of the sale, and any relevant circumstances leading to the transaction
3. Definitions: Key terms used throughout the deed, including property-specific terminology and legal terms
4. Property Details: Complete description of the property including certificate number, land area, building area, boundaries, and address
5. Ownership Status: Declaration of the seller's legitimate ownership and authority to sell, including details of the property certificate
6. Sale Price and Payment Terms: Agreed purchase price, payment method, and schedule of payments
7. Transfer of Rights: Terms and conditions for the transfer of property rights from seller to buyer
8. Representations and Warranties: Seller's declarations regarding property condition, legal status, and absence of disputes
9. Tax Obligations: Distribution of tax responsibilities between parties (BPHTB, PPh, and other applicable taxes)
10. Handover Terms: Conditions and timeline for physical handover of the property
11. Legal Compliance: Statements ensuring compliance with Indonesian property laws and regulations
12. Notarial Declarations: Standard notarial statements required under Indonesian law
13. Closing Provisions: Signature requirements, number of copies, and notarial execution details
1. Broker/Agent Details: Required when a property agent or broker is involved in the transaction
2. Mortgage Details: Required when the property is being purchased with mortgage financing
3. Power of Attorney: Required when either party is represented by an authorized representative
4. Spouse Consent: Required when the seller is married, as per Indonesian marital property laws
5. Building Permits: Required when the property includes recent construction or modifications
6. Existing Tenancy: Required when the property is currently leased to tenants
7. Foreign Ownership Compliance: Required when the buyer is a foreign national, detailing compliance with foreign ownership restrictions
1. Property Certificate: Copy of the land certificate and building ownership proof
2. Property Tax Documents: Recent property tax payment receipts and certificates
3. Identity Documents: Copies of KTP/passport and family cards of all parties
4. Building Plans: Official building plans and permits
5. Payment Evidence: Proof of payment transactions and tax payments
6. Property Photos: Recent photographs of the property and its boundaries
7. Previous Title Deeds: Historical ownership documents if relevant
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