Sale Agreement

Law of obligations

Template contract for the sale of a movable asset between a seller and a buyer under Maltese law. Under the Civil Code (Chapter 16) a sale is a contract whereby the seller binds himself to transfer ownership of a thing and the buyer to pay the price. The template covers the object, the price, delivery, passing of risk and the warranties owed by the seller.

📄 Sale Agreement

SALE AGREEMENT

THE SELLER: [full name], holder of identity card / passport No. [number], of [address].
THE BUYER: [full name], holder of identity card / passport No. [number], of [address].

1. OBJECT
The Seller sells and the Buyer buys the following thing: [description of the asset, make, model, serial number, condition], free from any charge, pledge or third-party claim.

2. PRICE
The agreed price is [amount] EUR ([amount in words]), payable by [means of payment] on delivery / by [date].

3. DELIVERY AND PASSING OF RISK
Delivery of the thing takes place at [place] on [date]. Ownership passes to the Buyer by the effect of the agreement; the risk of loss or deterioration passes to the Buyer upon delivery.

4. WARRANTIES
The Seller warrants that he is the lawful owner of the thing, that it is free from undisclosed charges, and answers for latent defects and for eviction as provided by the Civil Code. The Buyer declares having examined the thing.

5. COSTS
Each party bears its own costs relating to this agreement unless otherwise agreed in writing.

6. GOVERNING LAW AND JURISDICTION
This agreement is governed by the laws of Malta, and the Maltese courts shall have jurisdiction over any dispute arising from it.

Signed in duplicate at [place], on [date].

The Seller: ______________________ The Buyer: ______________________

⚖ Legal basis

Frequently asked questions

When does ownership pass to the buyer?

Under the Civil Code ownership of a determinate thing passes to the buyer by the mere effect of the agreement, even before delivery, unless the parties agree otherwise.

Is the seller liable for hidden defects?

Yes. The seller answers for latent defects that make the thing unfit for its use, and for eviction, as provided by the Civil Code, unless such liability is lawfully excluded.

Does a sale of a movable have to be in writing?

A sale of a movable is valid even verbally, but a written agreement is strongly recommended to prove the object, the price and the terms of delivery.