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Purchase offer template for Malta

Letter of offer to purchase (subject to promise of sale)

A buyer's written offer to buy a named property at a stated price, with conditions and an expiry date. In Malta it does not bind either party. The binding step is the promise of sale (konvenju), which a notary or advocate must notify to the tax authority within 21 days.

Use it after a viewing, when you want to put your price and conditions to the seller or the agent in writing. No law requires it. Most Maltese sales go straight from an oral agreement on price to the promise of sale. A written offer is useful when several buyers compete, when you need a loan or an AIP permit, or when you want the notary and the agent to work from the same terms.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
Malta and Gozo
Binding effect
None. A promise of sale binds only after notice to the Commissioner within 21 days (Cap. 364, art. 3(6); S.L. 364.06, rule 10).
Next step
Promise of sale (konvenju) in writing, signed by both parties (Civil Code, art. 1233(1)(a)).
Provisional duty at the promise
20% of the final duty: 1% of the higher of price and market value at the standard 5% rate (Cap. 364, art. 3(6) and art. 32(1); MTCA).
First-time buyer
No duty on the first EUR 200,000 for a qualifying transfer from 28 October 2025 (S.L. 364.12, art. 3, amended by L.N. 305 of 2025).
Final deed
Before a notary. A sale of immovable property is null without a public deed (Civil Code, art. 1363(1)).
Energy certificate
Valid 10 years. The seller or the agent must show it and hand it to the buyer before the promise of sale (BCA guidance).
Who needs an AIP permit
A non-EU citizen without long-term resident status, or an EU citizen with under 5 continuous years in Malta buying a non-primary home.

The document

Letter of offer to purchase (subject to promise of sale)

  1. 1.Parties

    1. 1.1

      I, the undersigned Buyer's full name, residing at Buyer's address, e-mail Buyer's email address, hereinafter "the prospective buyer",

      List every buyer, with ID card or passport number.

    2. 1.2

      hereby submit to Seller's full name, or the agent's name, hereinafter "the vendor", the following offer to purchase the property described below, on the terms set out in this letter.

      If you write to the agent, add the agent's licence number.

  2. 2.The property

    1. 2.1

      The property known as Full address of the property, consisting of Description of the property, together with its rights and appurtenances, free and unencumbered, with vacant possession, and with clean title.

      "Free and unencumbered" means without hypothecs, privileges, ground rent or other burdens. If the seller says a ground rent applies, write it here.

    2. 2.2

      The following movables are included in the price: Furniture and fittings included.

  3. 3.Price

    1. 3.1

      The price offered is Offered price in euros, in figures euro (Offered price in words euro).

      Duty is due on the higher of the price and the market value. Do not agree to declare a lower price on the deed.

    2. 3.2

      Upon signing the promise of sale, the prospective buyer shall pay a deposit of Deposit at the promise of sale% of the price on account of the price, and the provisional duty due at law.

      This is a promise to pay later. Pay nothing with this letter. A 10% deposit is common. The law sets no rate.

  4. 4.Conditions to be included in the promise of sale

    1. 4.1

      Optional

      The promise of sale shall be conditional upon the prospective buyer obtaining a loan of Loan amount euro from a bank or financial institution on the usual terms.

      Delete it, or set the amount to not applicable, only if you pay entirely from your own funds.

    2. 4.2

      The promise of sale shall be conditional upon the notary's searches confirming that the vendor has good title and that the property is free from hypothecs, privileges and other burdens not declared in this letter.

    3. 4.3

      The promise of sale shall be conditional upon the property being covered by the necessary development permits and being in conformity with them, as confirmed by the prospective buyer's architect.

    4. 4.4

      Optional

      Where the prospective buyer requires a permit under the Immovable Property (Acquisition by Non-Residents) Act (Cap. 246), the promise of sale shall be conditional upon that permit being granted.

      Keep it if you need a permit under Cap. 246, art. 2, 3 and 5. Delete it for a property in a special designated area.

  5. 5.Promise of sale and final deed

    1. 5.1

      If this offer is accepted, the parties shall sign a promise of sale by not later than Latest date to sign the promise of sale, valid for Validity of the promise of sale, to be notified to the Commissioner for Tax and Customs by Notary Buyer's notary, who shall also publish the final deed of sale.

      In Malta the buyer usually chooses the notary. Leave time for the loan, the searches and any AIP permit.

    2. 5.2

      The vendor shall show and deliver to the prospective buyer a valid energy performance certificate for the property before the promise of sale is signed.

  6. 6.Nature of this offer

    1. 6.1

      This letter is not a promise of sale or a promise to purchase within the meaning of articles 1357 and 1360 of the Civil Code and creates no obligation on either party. The parties shall be bound only by a promise of sale signed by both of them and duly notified in terms of article 3(6) of the Duty on Documents and Transfers Act.

      Keep this clause. It stops anyone from arguing that the letter is an unregistered, and therefore invalid, promise.

    2. 6.2

      No sum is paid with this offer.

  7. 7.Validity

    1. 7.1

      This offer remains open until Date and time the offer expires. If the vendor does not confirm in writing by that time that he wishes to proceed to a promise of sale on these terms, the offer shall lapse.

      A few days is common. Because the letter binds nobody, you can withdraw it before the promise of sale. Tell the seller in writing.

  8. 8.Signatures

    1. 8.1

      Signed at Place of signature, on Date of signature. Signature of the prospective buyer.

    2. 8.2

      Optional

      Received by the vendor, or by the vendor's agent, on Date seller or agent receives the offer. Signature.

      A receipt only proves the date. It does not mean that the seller accepts.

Formalities

  1. No form, witness or notary is required.
  2. Sign and date the letter. Send it to the seller or to the licensed agent by email or by hand, and keep proof of the date.
  3. State in the letter that it is not a promise of sale. The offer creates no right to the property.
  4. A promise to sell or buy immovable property is valid only once notified to the Commissioner for Tax and Customs with the provisional duty (Cap. 364, art. 3(6)).
  5. Pay no deposit with the offer. The deposit belongs in the promise of sale, before the notary.

Common mistakes

  • Paying a holding deposit to an agent with the offer. No law requires it. If you pay one, get a signed receipt that says when it is refunded.
  • Treating the seller's "yes" as a sale. Nothing binds the seller until the promise of sale is signed and notified, so another buyer can still sign first.
  • Leaving out the loan condition. If the promise of sale later omits it and the bank refuses the loan, you can lose the deposit.
  • Forgetting the AIP permit. A buyer who is not a resident of Malta under Cap. 246 may need a permit unless the property is in a special designated area.
  • Offering on a property without checking its permits. Ask for the permit numbers so the architect and the notary can check them before the promise of sale.
  • Using an unlicensed agent. Since 26 September 2024, a real estate agent or property broker needs a Property Market Agency licence (Cap. 644, art. 18(2)).

Legal basis

Sources

Describe the home you want