CONVEYANCING LAWYER

Yes. Under Malaysian law, all property transactions must be handled by a licensed Advocate and Solicitor. A conveyancing lawyer prepares and reviews the Sale and Purchase Agreement (SPA), handles the Memorandum of Transfer (MOT), liaises with the relevant land office and financier, and ensures your title is clean and properly transferred. Attempting to handle a property transaction without a lawyer exposes you to significant legal and financial risk.

A developer purchase (or primary market purchase) involves buying a property directly from a developer, usually before or during construction. The SPA is governed by the Housing Development (Control and Licensing) Act 1966 (HDA), which provides statutory protections for buyers including a fixed defect liability period and liquidated damages for late delivery. A sub-sale (or secondary market purchase) is the purchase of a property from an existing owner. Sub-sale SPAs are not governed by the HDA and require more careful negotiation of terms. We act for buyers and sellers in both types of transactions.

Legal fees for conveyancing are regulated under the Solicitors’ Remuneration Order 2023 and are calculated as a percentage of the property purchase price. Stamp duty on the SPA is also assessed on the purchase price under the Stamp Act 1949 currently at 1% on the first RM100,000, 2% on the next RM400,000, 3% on the next RM500,000, and 4% thereafter. Additional stamp duty applies on the loan facility agreement. We provide a full cost breakdown legal fees, stamp duty, and disbursements before you commit to any transaction.

RPGT is a tax on the profit (chargeable gain) from the disposal of real property in Malaysia, governed by the Real Property Gains Tax Act 1976. The rate depends on how long you have held the property properties sold within 3 years of purchase attract a higher rate. Malaysian citizens who have held property for more than 5 years are currently exempt from RPGT, though this is subject to change. We advise on your RPGT exposure before you sell and handle the necessary RPGT filings.

A caveat is a legal notice registered against a property title that alerts the public to a third party’s claim or interest in the property. Common types include a private caveat (lodged by a purchaser or person with an interest), a lien-holder’s caveat (lodged by a financier), and a registrar’s caveat. A caveat does not necessarily mean the property cannot be sold, but it must be investigated and resolved before a clean title can be transferred. We conduct land searches, advise on caveats, and handle caveat removal proceedings where necessary.

Yes. In Malaysia, property can be transferred between family members through a transfer by love and affection — typically between spouses, parents and children, or siblings. This type of transfer is not a sale but may still attract stamp duty, though a reduced rate or exemption may apply in certain circumstances. The transfer must be documented, stamped, and registered at the relevant land office. We prepare the necessary transfer instruments and advise on applicable stamp duty implications.

You are not legally required to engage a lawyer for a tenancy agreement, but having one prepared by a qualified lawyer significantly reduces the risk of disputes. A properly drafted tenancy agreement covers rental amount, deposit terms, maintenance responsibilities, termination clauses, renewal options, and permitted use — protecting both landlord and tenant. Verbal agreements or poorly drafted tenancy agreements are a common source of disputes in Malaysia. We prepare residential and commercial tenancy agreements for landlords and tenants.