Real Estate & Conveyancing
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Conveyancing and Real Estate Legal Lawyers
Property transactions in Malaysia involve a regulated legal process, whether involving the purchase, sale, transfer, financing, or other real estate related matters.
A conveyancing and real estate lawyer prepares and reviews the Sale and Purchase Agreement, manage stamping and registration under the National Land Code 1965 to ensure the proper registration of ownership and the security interests.
These services also extend to related real estate estate matters such as perfection of transfer and charge, discharge of charge, tenancy agreement, and other ancillary property transactions and advisory work.
Our conveyancing practice handles residential and commercial property transactions across Malaysia.
What we do
Areas We Cover.
Auction
Sub-Sales
Perfection of Charge
Perfection of Transfer
Deed of Gift
Trust Deeds
Register & Removal of Caveats
Lease & Tenancy
The Conveyancing Process in Malaysia
A standard sub-sale property transaction in Malaysia follows a defined sequence from the signing of the Sale and Purchase Agreement to the registration of the title transfer. The typical process for a residential sub-sale property takes three to six months, depending on whether the property has an individual title, or strata title which has been issued by the Developer but not yet perfected by way of of Perfection of Transfer, whether the property is freehold or leasehold, whether a bank loan is involved, and the response times of the relevant land office and financial institutions.
The brief and key steps for common free from encumbrances property are: signing of the Sale and Purchase Agreement and Memorandum of Transfer (Form 14A under the National Land Code 1965); stamping of the Sale and Purchase Agreement; stamping of the Memorandum of Transfer at the Inland Revenue Board (LHDN) upon the payment of the Balance Purchase Price; and registration of the Memorandum of Transfer at the relevant land office. Where a loan is involved, the bank's documentation runs concurrently, and the charge is registered on the title at the same time as the transfer. For properties which are still under Master Title, the transaction is completed by way of Deed of Assignment.
Stamp duty on the transfer is payable under the Stamp Act 1949, on a tiered rate based on the purchase price. First-time buyers may qualify for stamp duty exemptions under prevailing government incentive programmes. Real Property Gains Tax which is governed under the Real Property Gains Tax Act 1976 may be payable by the seller depending on the period of ownership and the seller's residency status.
Conveyancing Fees in Malaysia
Conveyancing fees for sales and purchases of the Property in Malaysia are governed by the Solicitors Remuneration Order. The scale fee is calculated as follows:
| First RM500,000.00 | 1.25% |
| Next RM7,000,000.00 | 1.00% |
| Above RM7,500,000.00 | Negotiable |
Disbursements are charged separately. These cover stamp duty on the transfer and on any loan agreement, land office registration fees, title and bankruptcy search fees, and other out-of-pocket costs paid to third parties on the client’s behalf. A breakdown of estimated disbursements is provided before work begins.
Our Approach
Property transactions are time-sensitive. Where the completion deadline is stated in the Sale and Purchase Agreement (SPA) and the proclamation of sale (POS), conveyancing work is conducted with fixed timelines that cannot be extended unilaterally. Each file is managed proactively to meet these timelines from the first day of engagement, ensuring smooth completion and avoiding the imposition of late payment interest, thereby safeguarding the interests of the seller and buyer.
Before any work begins, a proper quotation and disbursement estimation is provided. The process of the sale and purchase transaction, as well as any other land-related matters, such as perfection of transfer and charge, discharge of charge, and other ancillary transactions, is explained from the outset to ensure transparency and that nothing is handled without the client’s knowledge. Clients are kept informed with updates at every material stage of the transaction.
For property disputes, including contested caveats, trespass, or title challenges, the matter is handled by our litigation partner. The same firm handling the conveyancing can advise on whether a property issue requires a contentious or non-contentious approach, without the client having to brief a separate team.
Need Help With Property Conveyancing?
Make Your Property Transaction Stress-Free
Buying or selling a property can quickly become overwhelming without the right legal support. We help simplify the conveyancing process, protect your interests, and keep your transaction moving efficiently.
We Answer Your Questions
Common Questions about Conveyancing (FAQ)
Real estate conveyancing involves the legal process of transferring property ownership from one party to another. Our team assists clients with sale and purchase agreements, property transfers, refinancing matters, due diligence, and related legal documentation to help ensure transactions are completed smoothly, accurately, and in compliance with Malaysian property laws.
A conveyancing lawyer handles the legal transfer of property, including drafting the Sale and Purchase Agreement, conducting searches, preparing transfer documents, and ensuring proper stamping and registration at the land office.
A real estate lawyer in Malaysia may handle a wider range of property-related matters, including: Perfection of transfer and charge; Discharge of charge; Tenancy and lease agreements; Auction; Property development and joint venture agreements; Strata management and land advisory
An individual title refers to a property with its own separate land title.
A master title is the original land title registered in the name of the developer before subdivision of the land or issuance of individual titles.
A strata title refers to ownership of a unit within a larger development and for units in stratified developments like condominiums or apartments
Experience in property transactions, familiarity with bank and land office procedures, ability to handle time-sensitive matters, and clear communication with timely updates are key considerations.
For a sub-sale property transaction, the typical timeframe is around three to six months, depending on the circumstances of the transaction.
For a sub-sale property transaction, the typical timeframe is around three to six months, depending on the circumstances of the transaction.
For other related land matters, such as perfection of transfer and charge or discharge of charge, the timeline will vary depending on the efficiency and processing time of the law firm handling the matter, the relevant financials.
We Answer Your Questions
Frequently Asked Questions
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