Steps to make a letter to buy or sell land
In the real estate sector, land sales transactions basically involve large nominal amounts ranging from at least tens of millions to hundreds of millions of rupiah. A transaction error can cause one party to lose money. Therefore, you need a land sale letter so that you can get strong evidence from a legal point of view in the event of future problems or fraud.
Well, you still don't really understand the land buying and selling letter and may be confused about how to make it. Therefore, if you want to buy or sell land, first consider the following five guidelines for Kania.
Definition of land sales letter and its advantages
A land sale letter is a written agreement between a land seller and a buyer. In it, we have listed the rights and obligations of each party. The advantage of this letter is that it confirms the legal position, including the rights and obligations of each party.
For the seller, this land sale and purchase letter can bind the buyer to keep his promise regarding the purchase or payment. For the buyer, this letter helps to ensure that the land purchased is non-dispute and will actually be sold to him. The letter also includes the price agreed upon by both parties.
The land sale letter itself is basically the same as the PPJB or the sale contract. These two agreements were made prior to the land transaction. After this agreement is reached, an AJB or certificate of sale will be created.
Requirements for writing a letter to buy or sell land
Before creating a land sale letter, there are some conditions that must be met. Some of them contain elements of Article 1320 of the Civil Code.
- There is an agreement between the seller and the buyer
- There is clarity about land rights
- The transaction does not violate the law
Mandatory clause
The land sale letter has provisions that describe the object and the transaction process. This letter is open to the public. That is, the buyer and seller can agree on the terms of the clause. Some of the provisions commonly found in land sales letters are:
1. Ground object clause
- Types of land rights
- Land location
- Land certificate number and date
- Certificate owner's name
2. Transaction terms
- Land price
- Payment method, cash or installments
- Sign or down payment amount
- Final PBB payment fee
- Seller and buyer taxes
- Cost of creating AJB and transferring the name of the land certificate
3. Statement and warranty clause (created by the seller)
- The subject of the land to be sold is not involved in a legal dispute
- Land objects for sale are not secured
- Land objects for sale have not been confiscated
- Guarantees that the buyer will not be harmed if the statement is not true
4. Forecast clause
- Predict sanctions in the event of a breach during the implementation of the contract
- Predict if one of the parties to the contract will die
5. Resilience terms and conditions
Includes conditions to delay land sales transactions. If it is met, proceed to create an AJB.
6. Orders and prohibitions
Includes an agreement between the contracted buyer and seller. The content of this clause can be adjusted according to the needs of each party. For example, the seller is obliged to vacate the land if the buyer pays a down payment or if the seller is prohibited from renting the land during the contract period.
7. Signature and stamp duty
The land sale letter concludes with the signatures of two witnesses, the seller, the buyer, and stamp duty. If the land to be sold is the property of the family (couple or sibling), all parties must also sign.
Do you want to use the notary service or create your own service?
Basically, you can create your own land purchase certificate. This letter, black on a white background and signed by stamp duty, is legally enforceable. But the legal power is not as great as a letter made through a notary public.
With the service of a notary public, you can make a real certificate for a land sale certificate. The power of the law is perfect, its content is irreversible and cannot be denied. If there is a claiming party, he must prove it with a concrete object as well. However, there is an additional cost to create a land sale letter with the notary's service.
Land buying and selling letters and examples of mandatory clauses
After understanding the features and requirements for creating a land sale letter, the following Kania shows an example of the format commonly used to create a land sale letter.
Land sale letter
We, signatories:
given names :
Date and place of birth :
Profession :
Street address :
ID card number :
Hereafter, it is called (first party (seller).[Ihakpertama(penjual)[ihakpertama(penjual)
given names :
Date and place of birth :
Profession :
Street address :
ID card number :
Hereinafter referred to as the second party (purchaser).
today……. date……. (………………………………….) Month ……. Year……. (………………………………). As a result, the first party declares and binds to the second party for sale. The second party also promises, expresses and binds to purchase from the first party in the following form:
One piece of land with the right listed on the land certificate number …………………………………………………………. …………………………………… With the length of the land ……. m (…………. Meter) Width …… m (………… meter) Land area …………. m2 (………… .. square meter) Hereafter, it is called Tana. At the next land boundary:
West side: Border ………………………………………… ..
East side: Border ………………………………………….
North: Border ………………………………………… ..
South side: Border …………………………………… ..
The parties agree to enter into a land sales agreement as set forth in Article 10 of the Terms of Use, as follows:
Article 1-Price and method of payment
The sale and purchase of land is carried out and approved by each party at the price per square meter of IDR ……………… (………………………… in rupiah * letters), the total price of the land is as follows: That's right. IDR ……………… (………………………… Rupiah * letters), at the latest paid by the second party to the first party (cash / credit). Date …… (……………………) Month …………. The year after signing this contract ………… (……………………………… ..).
Article 2-Guarantee and Witnesses
The first party is that the land to be sold is legal property or the rights of the first party, no other person or party has the right, no confiscation, no litigation or dispute, and no ownership. We fully guarantee that there will be none. It has been assigned or guaranteed to a person or other party and has not been sold or sold to another person or party.
The first party's warranty is confirmed by the two co-signers of this Agreement as witnesses. The two witnesses are:
given names :
Date and place of birth :
Profession :
Street address :
ID card number :
Relatives :
Hereinafter referred to as Witness I.
given names :
Date and place of birth :
Profession :
Street address :
ID card number :
Relatives :
Hereinafter referred to as Witness II.
Article 3-Submission of land
The first party promises and detains the land certificate to the second party by the month ………… (……………………). Year ………… (……………………………….) After the second party has paid all payments.
Article 4-Ownership Status
After the signing of this Agreement, the land and all its strengths and weaknesses will be transferred from the first party to the second party. Therefore, land ownership belongs entirely to the second party.
Article 5-Name of Ownership
The first party provides information, signs relevant documents, and everything related to the revocation and transfer of rights in the process of revoking ownership of land and housing construction rights, from a management perspective involving relevant agencies. In the process of exercising your rights, you have an obligation to support a second party. From the first to the second.
The second party bears all costs associated with transferring the name of the land from the first party to the second party.
Article 6-Taxes, D levies, and levies
Both parties agree to all types of taxes, fees and charges related to the land mentioned above.
Until before signing this contract, it remains the duty and responsibility of the first party.
After signing this contract, it is the duty and responsibility of the second party.
Article 7-Contract Agreement
This agreement does not terminate with the death of the first party or for any reason. In such circumstances, the heir or successor of the First Party is obliged to comply with the provisions set forth in this Agreement, and the First Party will do everything necessary to implement this provision. I have an obligation.
Article 8-Other matters
Matters not covered in this Agreement will be discussed and resolved in a friendly manner through deliberations to reach an agreement between the parties.
Article 9-Dispute resolution
If a dispute arises and cannot be resolved by family or consensus, the parties have agreed to choose to settle the proceedings legally. Regarding this agreement and all its consequences, the parties chose to settle the proceedings in ……………………………….
Therefore, this contract was prepared by both parties on the day ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… It has been signed. .. Year ………… (………………………… .. ……………… ..), consciously, without any coercion or pressure from any party.
First party, Second party,
(……………… .………… ..…) (……………… .. ………… ..)
witness:
First witness, Second witness,
(……………… .………… ..) (…………………………)
This is a guide for making letters to buy and sell land. We hope that the land sales transaction will be carried out smoothly and that there will be no disputes in the future.
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Source : http://i0.wp.com/www.dekoruma.com/artikel/118283/membuat-surat-jual-beli-tanah
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