Frequently Asked Questions
Conveyancing is the legal and administrative process of transferring ownership of a property (land or building) from a seller to a buyer, and all related dealings. This includes drafting the Sale and Purchase Agreement (SPA), applying for State Authority consent (if required), preparing the Transfer Form (e.g., Form 14A), and handling loan documentation and stamping procedures.
The SPA is the core legally binding contract that outlines all the terms and conditions between the seller and the buyer, including the purchase price, completion timeline, payment schedule, and default clauses. It is the most crucial document that governs the entire transaction and protects the rights of both parties.
For a sub-sale (transfer of a completed property from an individual owner), the standard timeframe is typically 3+1 months. This means 3 months from the date of the SPA (or stamping) to complete the transfer, plus an automatic 1-month extension period if necessary, subject to a small interest payment (usually 8%–10% per annum) on the balance purchase price.
The main additional costs for a buyer include:
Stamp Duty on the Transfer (Memorandum of Transfer - MOT).
Stamp Duty on the Loan Agreement.
Legal Fees for both the SPA and the Loan Agreement.
Disbursements (e.g., search fees, registration fees, stamping fees).
Stamp Duty is a tax imposed by the government on legal documents. The Stamp Duty for the Memorandum of Transfer (MOT) is calculated based on a tiered structure on the property purchase price:
RPGT is a tax on the profit (gains) made from the disposal (sale) of real property in Malaysia. It is paid by the Seller. A property lawyer will assist the seller by filing the necessary RPGT forms (CKHT) with the Inland Revenue Board (LHDN) and remitting a portion of the purchase price (usually 3%) to LHDN as a retention sum toward the tax liability.
Any further questions?