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Compliant with Malaysian law

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Learn more about Intent to Purchase Letter in Malaysia

An Intent to Purchase Letter should not be taken carelessly. You should only make a written offer if you are positive that you are willing and able to acquire the property in question. A sale may be preceded by oral or written talks, including letter exchanges. The letter of intent, for example, permits one party to accept the idea of finalizing the Real Estate Purchase Agreement while the fundamental aspects are still being defined; the interested party agrees to evaluate with the other party all of the duties related to the contract to be executed. Get a letter of intent to purchase template from Themis Partner before the acquisition of a property in Malaysia.

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What is an Intent to Purchase Letter?

An Intent to Purchase Letter (LOI) is a written statement of intent to acquire a seller’s products or services. The letter’s purpose is to demonstrate that the customer is serious about acquiring a seller’s items in the future. To ensure that the seller does not contemplate an offer for an extended period of time, the buyer may include a deadline for accepting or refusing an offer.

The parties may elect to make a non-binding letter with the goal of drafting a more complete agreement in the future. However, if agreed upon by the buyer and seller, the form may be legally binding, giving it legal effect and therefore providing legal protection to the parties.

Why use an Letter of Intent?

The Letter of Intent to buy is typically used early in the process of buying a property in Malaysia. It comes in handy when you want to indicate your intent to acquire and begin negotiations on all aspects of the deal. This analysis will necessitate the mobilization of your time as well as the commitment of specific costs (kind of property, price, payment, property transfer, construction, and so on). The continuance of conversations with the purchasers may require the disclosure of sensitive information to the seller. As a result, it is critical to allow you to withdraw under appropriate legal terms if certain characteristics of the chosen property do not match your expectations.

What is included in the Intent to Purchase Letter?

A professional LOI will include essential facts such as:

➤ The seller's and buyer's legal namesn
➤ Property's legal addressy
➤ Purchase price has been agreed upon
➤ The whole earnest deposit was agreed upon
➤ The deadline for signing the Sales and Purchase Agreement
➤ Terms and circumstances governing the 2-3% earnest deposit
➤ Take note of any fixtures or furniture that are included in the sale

Who is covered by the Letter of Intent to Purchase?

The Letter of Intent to Purchase is especially useful for sellers who are worried about the disclosure of secret corporate information to other parties.

However, an Letter of Intent(LOI) isn’t only for sellers. These contracts safeguard all parties to the transaction by explicitly defining rights and duties throughout the transaction-making process. These papers may include no-shop rules or prevent untrustworthy vendors from wasting a buyer’s time by establishing explicit deadlines or guaranteeing an intensive due diligence procedure.

What to do after signing the Letter of Intent?

1. Purchase Agreement and Due Diligence

Following the signing of the Letter of Intent to Purchase, the following stages are to negotiate the acquisition agreement and conduct due diligence. These are distinct processes, although they normally occur concurrently and require around 90 days to complete. The buyer will undertake due diligence and negotiate the parameters of a purchase agreement during this period.

2. Closing

The business truly changes hands at the closure. This process is usually handled by attorneys and can take anywhere from three to five days, depending on the intricacy of the transaction. At closing, the buyer will wire transfer any cash consideration to your bank account and/or issue shares representing any stock consideration. You will simultaneously transfer the purchased shares or assets using relevant instruments.

Is a Letter of Intent legally binding in Malaysia?

An Letter of Intent to Purchase is not legally binding unless both parties intended for it to be enforceable and it does not allude to a subsequent prospective contract. Under the concept of quantum meruit, the law, on the other hand, imposes a responsibility to pay a reasonable fee for labor done in response to a request.

What happens if there is a breach?

The majority of letters of intent include wording that renders the Letter of Intent non-binding. While each circumstance is unique, in most cases, and subject to certain constraints, a side can back out of the transaction. However, signing a LOI does not mean that the parties have not committed to certain duties. If the Letter of Intent to Purchase is to be non-binding in relation to the proposed transaction, wording to that effect must be included.

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