Immovable Sale-Purchase (Land) Contract

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KINGDOM OF CAMBODIA

Nation Religion King

3
IMMOVABLE SALE-PURCHASE (LAND) CONTRACT
This contract was made and comes into effect on Thursday, 11th waning moon day of
the third lunar month of Māgha, Year of the Tiger, the fourth era of Catvāsaka, 2566B.E,
corresponding to February 16, 2023, in Phnom Penh, between
Seller: Ms. YIN SYNUON, date of birth: 01.01.1980, Khmer nationality, bearer of National
Identity Card No. 010459473(01), having address at house No. 525H, Street 99,
Boeng Salang village, Russey Keo quarter, Russey Keo district, Phnom Penh,
Kingdom of Cambodia.
Buyer: 1- Mr. SUOS SOKUNTHEA, date of birth: 15. 5.1969, Austrian nationality, having
address at ROEMER STR. 62/1/5, 4600 WELS (AUSTRIA)
2- Mrs. SUOS CHANLEAKSMY, date of birth: 3. 2.1976, Austrian nationality,
having address at ROEMER STR. 62/1/5, 4600 WELS (AUSTRIA)

Preamble:
I. References:
- Certificate of Immovable Property Ownership No. 08030703-0010, dated May 18,
2021, issued by the Office of Land Management, Urban Planning, Construction
and Cadastre of Kandal Province, Kingdom of Cambodia.
- A land location map
II. Whereas:
1- The Seller is the legal owner of a property in size of 3 (three) hectares, located in
Prek Krabao 1village, Prek Ampil commune, Khsach Kandal district, Kandal
Province, Kingdom of Cambodia, and
2- The seller intends to sell the property (land) in size of 0.5 (half) hectares or 5 000
(five thousand) square meters to the buyer, and the buyer agrees to buy this
property (land) from the seller in accordance with the terms and conditions stated
in this contract.
Both parties have agreed upon the following terms and conditions:

Article 1: Subject of the contract


The seller agrees to the sale and the buyer agrees to the purchase of the immovable
property (land) with an area of 0.5 (half) hectares or 5 000 (five thousand) square
meters, located in Prek Krabao 1 village, Prek Ampil commune, Khsach Kandal
district, Kandal province, Kingdom of Cambodia.
Article 2: Price of Property (Land)
2.1 The seller and the buyer have agreed to sell and purchase the above immovable
property (land) at the price of 20USD/m2 (twenty US dollars per square meter),
that a total price is USD 100 000 (one hundred thousand US dollars), and it is
registered with a certificate of immovable property ownership, already been
permanently transferred after the deduction of roads and water channels in
accordance with the Master Plan.
2.2 All expenses for ownership transfer process (Certificate of Immovable Property
Ownership-LMAP), stamp duty, all other taxes and all related costs shall be under
the responsibility of the seller.
Article 3: Payment and other conditions
3.1 The seller and the buyer have agreed to make payment for the sale-purchase of the
above property (land) in 2 phases as below:
• 1st Phase: The buyer agrees to make a 10% deposit to the seller on the day of
signing this contract, i.e. USD 10,000 (ten thousand US dollars). After
this payment of the 1st phase, the seller and the buyer should:
• Complete and affix thumbprint on the following documents required for the
transfer of immovable property ownership from the seller to the buyer, in
accordance with the applicable legal procedures and administrative practices:
• Affix thumbprint for retransfer on the deed of sale and related documents to
guarantee that in the event the buyer has not paid according to the schedule, the
seller has the right to retransfer ownership of the property (land) back to the seller.
- 2nd Phase: Regarding the balance 90% of the price, i.e. 90 000 USD (ninety
thousand US dollars), the seller and the buyer have agreed to make
payments within 9 (nine) months as in the following table:
No. Payment amount of money Date
1 1st Payment US$30,000 01.04.2023
2 2nd Payment US$30,000 01.07.2023
3 3rd Payment US$30,000 01.10.2023

3.2 At all phases to make a payment for this property (land), the buyer can pay it by
check or hand it over personally as a cash payment to the seller, or transfer to the
bank account according to the following information:
- Account name: YIN SYNUON
- Account number: 001 0000 127 049
- Bank Name: CANADIA BANK PLC.
- SWIFT code: CADIKHPP
3.3 In the event of late payment of the price of the property (land) exceeding the date
specified in Article 3.1 above, the Buyer agrees to pay a late payment penalty at an
interest rate of 0.028% (zero point zero twenty-eight percent) of the amount owed
per Day. The delay in payment may not exceed 30 (thirty) calendar days. Delays in
payment of more than 30 (thirty) calendar days shall be deemed a breach of the
Contract by the Buyer and Article 6.2 of this Contract shall apply.

Article 4: Transfer of ownership


4.1 The buyer must cooperate with the seller to thumbprint all documents required by
the cadastral authority in connection with the above procedure for the transfer of
the above immovable property (land).
4.2 The Seller shall complete the transfer of ownership of 5,000 (five thousand) square
meters at the Department of Land Management, Urban Planning, Construction and
Cadastre of Kandal Province, Kingdom of Cambodia, to the Buyer within 90
(ninety) days of the signing of this Agreement.

Article 5: Seller's obligations


5.1 The seller guarantees that the property (land) being sold here is the legal property
of the seller.
5.2 The seller is obliged and responsible for the procedure for transfer the ownership
(Certificate of Immovable Property Ownership-LMAP) of the property (land) to the
buyer in accordance with legal regulations.
5.3 If the buyer has paid the full purchase price to the seller in accordance with Article
3.1, the seller must hand over all title and related original documents of the
property (land) to the buyer.

Article 6: Obligations of the buyer


6.1 The buyer must pay the purchase price regularly and punctually in accordance with
Article 3.1 above.
6.2 If the buyer refuses to purchase or the buyer has failed to fulfill his obligations or
has not paid according to the schedule in this contract in a way that constitutes a
serious breach of duty, the seller has the right to terminate this contract and the
entire paid deposit is forfeited for the benefit of the seller and is considered
compensation for damage and inconvenience.
6.3 The buyer must cooperate with the seller to transfer property from the seller in
order for the buyer's name to appear successfully on the certificate of ownership.
Article 7: Dispute, Resolution and Management
7.1 This Agreement is governed by the applicable laws of the Kingdom of Cambodia.
7.2 In the event of a dispute arising, this contract shall be binding upon the parties, and
the parties shall cooperate and negotiate to resolve the dispute amicably. If a
negotiation is unsuccessful, the parties must refer the case to the competent court in
the Kingdom of Cambodia.
Article 8: Changes to the contract
Any change to any article of this Agreement may only be made in writing with the
consent of the parties, otherwise such changes will not be effective.
Article 9: Notifications
9.1 The communication or mutual notifications between the seller and the buyer will be
made in writing to the address of the other party or by e-mail as follows:
The Seller:
- To: Mrs. YIN SYNUON
- Address: house no. 525H, Street 99, Boeng Salang village, Russey Keo
quarter, Russey Keo district, Phnom Penh, Kingdom of Cambodia
- Telephone number: 077 777 024
- e-mail:
- Telegram/WhatsApp: 077 777 024
The buyer:
1 - To: Mr. SUOS SOKUNTHEA
- Address: ROEMER STR. 62/1/5, 4600 WELS (AUSTRIA)
-Telephone number: +43 6765259785
- Email: mr_bavet@yahoo.com
- Telegram/WhatsApp: +43 6765259785
2 - To: Ms. SUOS CHANLEAKSMY
- Address: ROEMER STR. 62/1/5, 4600 WELS (AUSTRIA)
- Telephone number: +43 677 64765632
- Email: mr_bavet@yahoo.com
- Telegram/WhatsApp:+43 688 60828718
• The addresses of both parties above must be confirmed in writing by the
relevant local authority.
9.2 For the above notices, both parties have formally agreed to acknowledge that if
either party avoids receiving a notice, the notifying party has the right to post the
notice in front of the other party's home and take a photographic evidence and
make further notices electronically by telephone, Email, Telegram or Whatsapp.
9.3 In the event that a party changes address or other means of communication, the
changing party must notify the other party of the change within 5 (five) business
days of the change and must provide written confirmation from the appropriate
authority.
If a party fails to provide notice of a change of address, notices will be deemed
given if sent to the old address.
Article 10: Inheritance, heirs, power of attorney
If a party is unable to exercise its rights and obligations due to death, disability or
absence during the performance of all obligations under this contract, all rights and
obligations of the parties automatically pass to the heirs or legal representatives.
Article 11: Cases of force majeure
11.1 The term “force majeure” used in this contract includes wars, earthquakes, floods,
nationalizations, etc.

11.2 If a force majeure prevents, renders impossible, interrupts or delays the


performance of any obligation or the exercise of any right by either party under this
Agreement, such failure or non-performance shall constitute no default or non-
performance of this Agreement. The obligations of each party are suspended
during the force majeure period.
11.3 If an event of force majeure occurs, the party affected by the performance of its
obligations under this contract must notify the other party in writing of the event.
The affected party must do their best to rectify the situation and the two parties
must meet to discuss a reasonable solution.
11.4 If the performance of a party's principal obligations under this Agreement is
impeded or delayed by the force majeure for a period of more than 30 (thirty)
calendar days, the parties must honestly discuss the situation and decide what
action to take.
Article 12: Entire Agreement
This Agreement, including all schedules, constitutes an understanding and
agreement between the relevant parties and the subject matter hereof and
supersedes all understandings relating to the subject matter hereof.
Article 13: Final Provisions
Both parties have read all points of this contract and understood their meaning.
Both parties promise that they will apply each article of this contract seriously and
not violate any of the terms of this contract. Both parties agree that they give the
right thumb as evidence.
In the event of a conflict of an article with the meaning of a statute, the conflicting
article is null and void, but the other articles are still effective. This contract is valid
and effective from the date of signing this contract. This contract was made in
Cambodian language in 2 copies, whereby the seller keeps 1 copy and the buyer
keeps 1 copy.

Thursday, 11th waning moon day of the third lunar month of


Māgha, Year of the Tiger, the fourth era of Catvāsaka, 2566B.E
Phnom Penh, February 16, 2023
Seller’s Right thumbprint Seller's witness Buyer's Buyer’s Right thumbprint or Buyer
or Seller witness

THAN PHATH SUOS SUOS


YIN SYNUON PICHMONITA DARA SOKUNTHEA CHANLEAKSMY

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