Conveyancing Lawyer in Malaysia
Property transactions involve more than signing an agreement and making payment. Whether you are buying or selling a property, entering into a tenancy, transferring property ownership or settling a housing loan, there are legal documents and procedures that need to be properly completed.
The Law Chambers of Gurvin provides conveyancing and property legal services for clients in Kuala Lumpur, Selangor and surrounding areas, including Seremban. Our conveyancing lawyers assist individuals, property owners, purchasers, sellers, landlords, tenants and businesses with property transactions and related legal documentation.
Our property and conveyancing services include Sale and Purchase Agreements, property transfers, tenancy agreements, discharge of charge and other property-related matters.
What is Conveyancing?
Conveyancing generally refers to the legal process involved in transferring property ownership from one party to another and dealing with other legal matters relating to property.
In Malaysia, conveyancing may involve the preparation and review of agreements, property and title searches, transfer documentation, financing and redemption matters, payment of applicable stamp duty and registration with the relevant authorities.
The exact process will depend on the type of property, whether the property has an individual or strata title, whether financing is involved and the nature of the transaction.
A conveyancing lawyer helps ensure that the necessary legal documents and procedures are properly handled throughout the transaction.
Our Conveyancing and Property Legal Services
Our firm assists clients with a range of conveyancing and property matters in Malaysia.
Sale and Purchase Agreements
Buying or selling property is a significant transaction. A properly prepared Sale and Purchase Agreement (SPA) sets out the terms of the transaction, including the purchase price, payment arrangements, completion period, obligations of the parties and other important conditions.
For a property transaction, there may also be searches, financing arrangements, redemption of an existing loan, transfer documentation and registration matters to attend to before the transaction is completed.
Our firm assists both purchasers and vendors with property sale and purchase transactions and the related conveyancing documentation.
Learn more about our Sale and Purchase Agreement services.
Property Transfers
Property may be transferred for different reasons and not every transfer involves an ordinary sale and purchase transaction.
For example, property owners may wish to transfer property between family members or change the registered ownership of a property. The documents, stamp duty implications and procedures involved will depend on the circumstances of the transfer.
Our conveyancing lawyer can review the nature of the proposed transfer, conduct the necessary searches and advise on the appropriate documentation and procedure.
Tenancy Agreements
A tenancy agreement establishes the legal relationship between a landlord and tenant and sets out the terms governing the occupation of a property.
Important matters commonly addressed include the rental amount, security deposit, duration of the tenancy, renewal, utilities, maintenance responsibilities, termination and the obligations of both parties.
We assist landlords, tenants, property owners and businesses with the drafting and review of tenancy agreements for residential and commercial properties.
Where a dispute has already arisen between a landlord and tenant, our firm can also advise separately on the available legal options.
Learn more about our Tenancy Agreement services.
Discharge of Charge
When a property has been financed through a bank loan, the property may be charged to the financial institution as security for the financing.
After the loan has been fully settled, the registered charge may need to be formally discharged so that the bank’s interest is removed from the property title.
Our firm assists property owners with the Discharge of Charge process, including the necessary documentation and dealings required to complete the discharge.
Where the property does not yet have an individual or strata title, a different process such as a Deed of Receipt and Reassignment may apply depending on the circumstances.
Learn more about our Discharge of Charge services.
Property Financing and Related Documentation
Property purchases are often financed by banks or other financial institutions. This means that the conveyancing process may involve not only the purchaser and vendor but also the respective solicitors, financial institutions and relevant authorities.
Depending on the transaction, legal work may include dealing with financing documentation, redemption statements, undertakings, consent requirements and other documents required before the transaction can be completed.
Our firm can advise on the legal documentation required based on the particular property transaction.
Other Property and Land Matters
Property matters do not always fall neatly within a standard sale and purchase transaction.
We also assist clients with other property and land-related legal matters where legal documentation, review or advice may be required.
If you are unsure whether your matter falls under conveyancing, you may provide us with the relevant property details and documents for us to understand the nature of the matter.
What Does a Conveyancing Lawyer Do in Malaysia?
A conveyancing lawyer in Malaysia handles the legal work involved in property transactions and related property documentation.
The work required varies depending on the transaction, but may include:
- Reviewing the terms of a property transaction;
- Preparing or reviewing the Sale and Purchase Agreement;
- Conducting relevant property and title searches;
- Checking the registered ownership and interests affecting the property;
- Preparing transfer and other conveyancing documents;
- Attending to redemption of an existing financing facility where applicable;
- Liaising with the other party’s solicitors and financial institutions;
- Advising on documents required for completion;
- Attending to stamping and registration where applicable; and
- Ensuring the relevant documents are completed in accordance with the transaction.
The lawyer’s role is therefore not limited to preparing an agreement. A conveyancing transaction can involve several parties and different stages before ownership or other property interests are properly transferred or registered.
Conveyancing and Property Law in Malaysia
Property and conveyancing transactions in Malaysia are governed by various laws and procedures depending on the nature of the transaction.
The National Land Code 1965 is one of the principal laws governing land ownership, dealings, transfers, charges and registration in Peninsular Malaysia. Property transactions may also involve procedures and registration with the relevant Land Office or Land Registry (Pejabat Tanah) where the property is situated.
For example, the transfer of registered property commonly involves a Memorandum of Transfer (Form 14A) under the National Land Code 1965. Where a property is subject to a registered bank charge, the appropriate discharge documentation may also need to be completed and registered once the financing has been fully settled.
Our conveyancing lawyer can advise on the appropriate documents and procedures based on the title, location of the property and nature of the transaction.
Stamp Duty for Property Transactions
Property transactions may also be subject to stamp duty in Malaysia under the Stamp Act 1949.
Depending on the transaction, stamp duty may apply to documents such as the Sale and Purchase Agreement, Memorandum of Transfer, loan documentation and tenancy agreements.
Stamp duty assessment and stamping matters are administered by the Inland Revenue Board of Malaysia (LHDN). The amount payable will depend on the type of instrument, property transaction and applicable valuation or statutory requirements.
Stamp duty and other government charges are separate from the professional legal fees charged by the law firm.
Conveyancing Lawyer Fees in Malaysia
Professional legal fees for certain conveyancing transactions are governed by the Solicitors’ Remuneration Order 2023 (SRO 2023).
The applicable legal fees will depend on the type and value of the transaction and the work required. Apart from professional fees, clients may also need to pay stamp duty, registration fees, land searches and other necessary disbursements.
For an accurate quotation, you may provide us with the property value, location, type of property and nature of the transaction.
Property Searches and Land Registration
Before completing certain property transactions, relevant searches may be conducted to obtain information concerning the property, its registered ownership and interests or encumbrances affecting the title.
Depending on the location of the property, searches and registration may involve the relevant Pejabat Tanah dan Galian (PTG) or Land Office.
For properties in Kuala Lumpur, land matters are administered through the relevant Federal Territories land administration, while properties in Selangor are dealt with through the Selangor land administration and relevant district Land Offices. Property matters in Seremban fall under the relevant Negeri Sembilan land administration.
Our firm assists clients with the necessary conveyancing documentation and procedures according to the location and circumstances of the property.
How Does the Conveyancing Process Work?
The exact conveyancing process differs depending on whether you are buying, selling, transferring or dealing with an existing property.
Generally, the process may involve the following stages:
1. Initial Property Information
The first step is to understand the property and the proposed transaction.
Relevant information may include the property address, agreed purchase price, title details, whether financing is involved and whether the property is subject to an existing loan.
2. Searches and Review
Relevant searches may be conducted to verify information concerning the property and the parties.
The documents and information available will also be reviewed before the necessary legal documentation is prepared.
3. Preparation and Signing of Documents
The relevant agreement and conveyancing documents are prepared or reviewed.
The parties will then execute the required documents after the terms and legal requirements have been addressed.
4. Financing, Redemption and Completion
Where financing is involved, the transaction may require coordination with the purchaser’s financier.
If the vendor’s property is still subject to an existing loan, arrangements may also be required to redeem the existing financing before the transaction can be completed.
5. Stamping and Registration
The relevant documents may need to be stamped and presented for registration with the appropriate authority, depending on the transaction.
Once the required procedures have been completed, the transaction can be finalised in accordance with its terms.
Conveyancing Lawyer Fees in Malaysia
The legal fees for conveyancing work in Malaysia depend on the type of property transaction and the work required.
For transactions governed by the applicable Solicitors’ Remuneration Order, professional fees may be calculated according to the prescribed scale.
Apart from professional legal fees, a property transaction may also involve expenses such as stamp duty, registration fees, land searches and other disbursements.
These should be distinguished from the lawyer’s professional fees.
For an accurate quotation, it is helpful to provide information such as:
- The property value or purchase price;
- Whether you are the purchaser or vendor;
- Whether the property has an individual or strata title;
- Whether the property is subject to an existing loan; and
- The type of legal service required.
Our firm can then provide a quotation based on the relevant transaction.
Conveyancing Matters We Have Assisted With
Through our practice, The Law Chambers of Gurvin has handled various conveyancing and property matters for our clients.
Our experience includes assisting purchasers and vendors with residential property transactions, preparing and reviewing tenancy agreements and ensure no mistakes, attending to discharge of charge matters after settlement of housing loans, and assisting clients with property transfers and related documentation.
Our firm has handled various property and conveyancing transactions in Kuala Lumpur, Selangor and Seremban, including subsale purchases, property transfers and matters involving existing bank financing.
In one recent matter in Seremban, we assisted a client with the purchase of a subsale property. We worked closely with the bank’s solicitors and the relevant Seremban Land Office (Pejabat Tanah) to ensure the necessary documentation and registration were attended to and the transaction was completed within the required timeline.
We subsequently assisted the same client with a separate transaction involving the transfer of a 50% share in his existing property to his wife by way of love and affection. Our firm handled the necessary conveyancing documents and transfer process through to completion.
From our experience, every property transaction is different. Issues involving financing, title documentation, registration requirements or coordination between the parties may arise during the conveyancing process. We therefore review the circumstances and relevant documents before advising on the appropriate steps.
These examples reflect property matters we have personally handled. Client confidentiality is maintained and identifying details are not disclosed.
Why Appoint a Conveyancing Lawyer?
Property transactions can involve substantial financial commitments and legally binding documents.
Having a lawyer involved from an early stage can help identify issues before documents are signed or significant payments are made.
A conveyancing lawyer can also help ensure that the terms of the transaction are properly documented, the necessary searches are carried out and the required legal procedures are followed.
Where banks, developers, other solicitors or government authorities are involved, the lawyer also assists in coordinating the legal documentation required to move the transaction towards completion.
Conveyancing Lawyer in Kuala Lumpur
The Law Chambers of Gurvin is a law firm in Kuala Lumpur providing conveyancing and property legal services to individuals, property owners, landlords, purchasers, sellers and businesses.
Whether you require assistance with a Sale and Purchase Agreement, property transfer, tenancy agreement, discharge of charge or another property-related matter, you may contact our firm to discuss the nature of your transaction.
We provide conveyancing services in Kuala Lumpur and assist with property matters in other parts of Malaysia depending on the nature and location of the transaction.
Author: Gurvinder Kaur, LL.B (Hons), Multimedia University, admitted in 2014, with over 12 years of legal experience in litigation, dispute resolution and civil matters in Malaysia.
Testimonial
⭐⭐⭐⭐⭐ Google Review
“I recently completed a property transaction and engaged The Law Chambers of Gurvin for both my SPA and discharge of charge. Honestly, I was quite confused at first with all the legal and bank procedures, but Gurvinder Kaur guided me patiently through everything.She made sure all documents were properly handled and followed up closely with the bank, which really gave me peace of mind.
Very professional and efficient, definitely a trusted conveyancing lawyer in KL & Selango”
—Kaval Gill
Frequently Asked Questions (FAQ)
What is a conveyancing lawyer?
A conveyancing lawyer is a lawyer who handles the legal documentation and procedures relating to property transactions. This commonly includes the purchase, sale and transfer of property as well as other property-related legal matters.
What does a conveyancing lawyer do in Malaysia?
Depending on the transaction, a conveyancing lawyer may prepare and review agreements, conduct property searches, prepare transfer documentation, deal with financing or redemption matters, attend to stamping and registration and coordinate with other parties involved in completing the transaction.
Is a conveyancing lawyer the same as a property lawyer?
The terms are often used to describe lawyers dealing with property-related legal work. Conveyancing generally focuses on property transactions, transfers and the legal documentation required to complete those transactions.
When should I appoint a conveyancing lawyer?
It is generally advisable to speak to a lawyer early in the transaction, particularly before signing legally binding property documents. This allows the lawyer to understand the transaction and advise on the documents and procedures involved.
How much does a conveyancing lawyer charge in Malaysia?
The legal fees depend on the type and value of the transaction and the legal work required. Certain conveyancing fees are subject to the applicable Solicitors’ Remuneration Order. Stamp duty, registration charges, searches and other disbursements may be payable separately.
What information should I provide to obtain a quotation?
You should generally provide the type of transaction, property address, purchase price or property value, whether you are the purchaser or vendor, title information if available and whether there is an existing or proposed bank loan. This allows the law firm to understand the work involved and provide a more accurate quotation.