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Ready to use legal template

Drafted by lawyers

Compliant with Malaysian law

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Learn more about Car Purchase Contract in Malaysia

A car purchase contract is a vital document that outlines the terms and conditions of a vehicle sale. It serves as a legally binding agreement between the buyer and the seller, providing clarity, protection, and accountability throughout the transaction. Using a car purchase contract is crucial as it establishes a clear record of the agreed-upon terms, such as the purchase price, payment terms, warranties, and delivery conditions. It helps safeguard the interests of both parties by mitigating the risk of misunderstandings, disputes, and fraudulent activities.  Themis Partner offers you an easy to edit Car Purchase Contract drafted by lawyers to comply with the law in Malaysia.

Table of contents


What is a Car Purchase Contract?

A car purchase contract in Malaysia is a legally binding agreement between a buyer and a seller that outlines the terms and conditions of a vehicle sale. This Legal Document serves as a crucial document that ensures clarity, transparency, and protection for both parties involved in the transaction. The contract typically includes important details such as the identification of the buyer and seller, description of the vehicle, purchase price, payment terms, delivery conditions, and any additional terms or warranties agreed upon. By signing a car purchase contract, both the buyer and the seller demonstrate their commitment to fulfilling their obligations and rights as outlined in the agreement. The car purchase contract provides a legal framework that helps safeguard the interests of the buyer and seller and serves as a reference point in case of disputes or disagreements that may arise during or after the sale.

Why use a Car Purchase Contract?

Using a car purchase contract, also known as a car Sales Contract, is essential when buying or selling a vehicle. 

➤ This legally binding document safeguards the rights and interests of both the buyer and the seller.
➤ The car purchase contract serves as a written agreement that outlines the terms and conditions of the sale, including the purchase price, payment terms, and the vehicle's condition.
➤ It helps establish clarity and prevent misunderstandings or disputes by clearly documenting the responsibilities and obligations of each party.
➤ The contract also provides legal recourse in case of default or breach, ensuring that both parties are held accountable.

ℹ️ By using a car purchase contract, buyers and sellers can have peace of mind knowing that their transaction is documented and legally enforceable, minimising the potential for disputes and protecting their respective rights.

What should a Car Purchase Contract include?

The following are the most common legal proceedings that may be handled by a settlement:

1. Parties Involved

The contract should identify the buyer(s) and seller(s) by their full legal names and contact information.

2. Vehicle Details

Include the make, model, year, VIN (Vehicle Identification Number), color, mileage, and any other relevant details that uniquely identify the vehicle being sold.

3. Purchase Price & Payment Terms

Specify the agreed-upon purchase price for the vehicle. It should be clearly stated in both numerical and written form. Outline the payment method (e.g., cash, check, financing), the amount of any down payment, and the schedule or terms for the remaining balance.

4. Financing Terms (if applicable)

If the buyer is obtaining financing for the vehicle, include details about the lender, loan amount, interest rate, monthly payments, and any other relevant financing terms.

5. Condition of the Vehicle

Describe the current condition of the vehicle, including any known defects, damages, or issues. If there are warranties or guarantees, specify them in this section.

6. Title and Ownership Transfer

Include provisions for the transfer of ownership, including the transfer of the vehicle’s title and any necessary documentation required by the applicable jurisdiction.

7. Delivery Date and Location

Specify when and where the vehicle will be delivered to the buyer.

8. Inspection and Test Drive

Include a provision allowing the buyer to inspect and test drive the vehicle before finalizing the purchase.

9. Representations and Warranties

Outline any representations or warranties made by the seller regarding the condition, history, or other aspects of the vehicle.

9. Representations and Warranties

Outline any representations or warranties made by the seller regarding the condition, history, or other aspects of the vehicle.

10. Indemnification and Liability

Define the responsibilities and liabilities of each party, including any indemnification clauses that protect one party from claims arising from the use or ownership of the vehicle.

11. Default and Remedies

Detail the consequences or remedies in case of default or breach of the contract by either party.

12. Governing Law and Jurisdiction

Specify the governing law and the jurisdiction where any disputes arising from the contract will be resolved.

13. Signatures

Include spaces for the signatures of both the buyer and the seller, along with the date of execution.

ℹ️ Remember that the specific requirements and content of a car purchase contract may vary depending on the jurisdiction and any additional considerations or agreements between the parties.

How does it protect the buyer and the seller?

A car purchase contract, along with a Service Agreement if applicable, protects the interests of both the buyer and the seller in several ways.

For the buyer, the contract provides clarity and assurance regarding the terms of the purchase. It outlines the condition of the vehicle, including any warranties or guarantees offered by the seller. By documenting the agreed-upon price and payment terms, the contract ensures that the buyer is not subjected to unexpected or unfair changes in the transaction. Moreover, the contract establishes legal ownership rights, protecting the buyer from fraudulent activities and ensuring a smooth transfer of ownership.

Similarly, the car purchase contract safeguards the interests of the seller. It clearly states the purchase price, payment terms, and any conditions or obligations on the part of the buyer, minimising the risk of non-payment or disputes. By documenting the condition of the vehicle at the time of sale, the contract provides protection against false claims or allegations by the buyer regarding the vehicle’s condition post-purchase. Additionally, the contract establishes the seller’s rights and responsibilities, preventing the buyer from making unfounded claims or attempting to return the vehicle without valid reasons.

Overall, a well-constructed car purchase contract creates a balanced and fair agreement that protects the interests of both the buyer and the seller, ensuring transparency, clarity, and accountability throughout the transaction.

What are the rights of the buyer?

With a car purchase contract in place, buyers are granted certain rights that help protect their interests in the transaction. Firstly, the buyer has the right to expect that the vehicle matches the description provided in the contract, including its make, model, year, mileage, and any specified features. The buyer also has the right to receive the vehicle in the condition specified in the contract, ensuring that it is free from undisclosed defects or damages. Additionally, if the contract includes warranties or guarantees, the buyer has the right to hold the seller accountable for honoring those commitments. In case of any misrepresentations or breaches of contract, the buyer has the right to seek legal remedies or pursue a resolution, such as requesting repairs, replacements, or a refund, as specified in the contract. The car purchase contract serves as a crucial document that outlines and protects these rights, empowering the buyer to take appropriate action if necessary.

What if I don’t have a Car Purchase Contract?

Not having a car purchase contract can potentially lead to a range of issues and uncertainties for both the buyer and the seller. Without a contract, there may be ambiguities regarding the agreed-upon terms of the sale, including the purchase price, payment terms, and any warranties or guarantees. This lack of documentation can result in disputes, misunderstandings, and difficulties in resolving conflicts that may arise during or after the transaction. In the absence of a contract, it becomes challenging to establish legal ownership rights and responsibilities, making it more difficult to protect oneself in cases of fraud or breach of agreement. Moreover, without a contract, it may be challenging to provide evidence in case of legal proceedings or insurance claims, potentially leaving both parties at a disadvantage. It is strongly recommended to always have a car purchase contract in place to ensure clarity, protection, and a solid legal foundation for the car-buying transaction.

How does it serve as evidence in legal dispute?

A car purchase contract can serve as crucial evidence in legal disputes related to the vehicle transaction. In case of disagreements or conflicts, the contract can be presented as tangible proof of the agreed-upon terms and conditions between the buyer and the seller. It can demonstrate the purchase price, payment terms, delivery conditions, and any additional provisions that were agreed upon. The contract can also provide evidence of any warranties or guarantees provided by the seller, as well as the condition of the vehicle at the time of sale. This documentation helps establish a clear record of the transaction, making it easier for the parties involved to support their claims or defend their rights. When presented in a legal setting, such as a court of law or during arbitration, the contract carries substantial weight and credibility, as it represents the formal agreement between the buyer and the seller.

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