Property & Conveyancing FAQ
Answers to common questions about buying and selling property in Malaysia: stamp duty, sale and purchase agreements, title transfer, and due diligence for residential and commercial transactions in Petaling Jaya, Batu Caves, Kuala Lumpur, throughout Selangor, and across Malaysia.
Conveyancing Matters We Handle
- Sale and purchase agreements for subsale, primary, and commercial property
- Transfer of title, deed of assignment, and loan documentation
- Title searches, due diligence, and caveat removal
- Stamp duty assessment and LHDN stamping
- Foreign buyer and state consent applications
- Developer disputes, defect claims, and specific performance
Do I need a lawyer to buy property in Malaysia?
Yes. Under the National Land Code, transfer of land or property must be effected through a valid instrument executed in accordance with Malaysian land law before a prescribed officer or authority. A lawyer handles the sale and purchase agreement, title search, stamp duty, and registration at the Land Office or Strata Registry.
Engaging a conveyancing lawyer protects you from defective title, hidden charges, and contractual traps.
Book a consultation to discuss your property purchase.
What is stamp duty on property in Malaysia?
Stamp duty is a tax payable on the memorandum of transfer and loan agreement, assessed under the Stamp Act 1949. Stamp duty is based primarily on property value, while foreign buyers may be subject to additional state-level property restrictions and surcharges depending on jurisdiction, with first-home exemptions available for qualifying purchases.
Your lawyer calculates the duty, prepares stamped documents, and lodges them with LHDN before registration.
Book a consultation for a stamp duty estimate on your transaction.
How long does a property transfer take in Malaysia?
A straightforward subsale with clear title and approved loan typically takes three to six months from signing the sale and purchase agreement to registration of transfer.
Delays can arise from loan approval, developer consent, quit rent or assessment arrears, caveats, or backlog at the Land Office. Your conveyancing lawyer tracks each stage and advises on realistic timelines.
Book a consultation to understand the timeline for your purchase.
What is a sale and purchase agreement (SPA)?
The SPA is the binding contract between buyer and seller setting out the purchase price, payment schedule, completion date, and conditions such as loan approval and vacant possession.
Standard form SPAs are widely used but should be reviewed for special terms, penalties, and defect liability. Your lawyer drafts or reviews the SPA before you sign and pay the deposit.
Book a consultation before you sign a sale and purchase agreement.
What is a land title search and why does it matter?
A title search at the Land Office or online through the land administration system reveals the registered owner, lot details, encumbrances, caveats, and charges on the property.
It confirms the seller can transfer clean title and flags issues such as unpaid loans or third-party claims. Due diligence through a title search is essential before committing to a purchase.
Book a consultation to arrange a title search on a property you are considering.
What is the difference between individual title and strata title?
Individual title (geran or hakmilik muktamad) applies to landed property on its own land parcel. Strata title applies to units in a subdivided building such as a condominium or apartment, governed by the Strata Management Act 2013.
Transfer procedures differ: landed property uses a memorandum of transfer (Form 14A), while strata units may require a deed of assignment until individual strata titles are issued.
Book a consultation if you are unsure which title type applies to your property.
What are legal fees for conveyancing in Malaysia?
Conveyancing legal fees follow the Solicitors' Remuneration (Amendment) Order 2023, calculated on a scale based on the purchase price. Disbursements such as search fees, registration fees, and stamp duty are separate.
Your lawyer should provide a written estimate covering professional fees and expected disbursements before you engage them.
Book a consultation for a fee estimate on your transaction.
What is a private caveat and how can it affect my purchase?
A private caveat is a registered notice claiming an interest in land, which prevents transfer until it is removed or resolved. A caveat may indicate a dispute, unpaid debt, or pending court action.
Your lawyer searches for caveats during due diligence and can advise on removal, withdrawal, or whether to proceed with the purchase.
Book a consultation if a caveat appears on a property you intend to buy.
Can foreigners buy property in Malaysia?
Foreigners may purchase certain property types subject to state guidelines, minimum purchase prices (often RM1 million or higher depending on the state), and approval from the State Authority. Restrictions apply to Malay reserve land and low-cost housing.
Stamp duty is generally applied based on property value, while other taxes and approval conditions may vary depending on residency status. A conveyancing lawyer confirms eligibility and handles state consent applications.
Book a consultation to confirm whether you can purchase a specific property.
What happens if the seller cancels a property sale?
If a seller wrongfully repudiates the SPA, the buyer may forfeit the deposit or sue for specific performance or damages, depending on the contract terms and whether time is of the essence. The SPA usually sets out forfeiture and remedy clauses.
Consult a lawyer immediately if either party seeks to withdraw, as strict notice periods apply.
Book a consultation if a property sale has been cancelled or is at risk.
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