The process involved in getting you registered as owner of the property
(in cases where title is issued)
1. Both seller and buyer sign transfer form 14A.
2. Lawyer send transfer form to stamp office for adjudication to ascertain how much stamp duty is to be paid/online.
3. Stamp office then stamps ‘’transfer form’’ for a nominal value of RM 10.00 and returns transfer form to lawyer.
4. Stamps office then informs valuation department of transaction. Valuation department then values property and informs stamp office of valuation.
5. Stamps office then issues PDS form to the lawyer. Buyer is normally given three (3) to four (4) weeks to pay stamp duty failing which, a penalty
would be imposed.
6. Lawyer collects stamp duty from purchaser and proceeds to stamp transfer form. It may take about two or three days for the stamp office to return
the lawyer the duly endorsed form. After stamping transfer form, lawyer presents the transfer form to the land registry / office for registration.
On presentation, you would be the registered owner of the property. However it may take one to two weeks (depending on which
land office) before the physical title is returned by the land registry/office. With the computerization process implemented in all land offices/ registries
in the country, the process is expected to be shortened.
*If you obtain a loan from a bank to buy the property, the title would be sent to the bank. You should get a photocopy of the title from the lawyer
for your record.
Appointment of lawyers
1. You have the right to appoint a lawyer of your choice to act for you in any transaction whether it is a purchase from a developer or an
individual. After all legal fees etc, are borne by you.
You should ascertain that:-
a) He is a lawyer;
b) That he has a valid practising certificate for the current year.
-Verification of the above can be done with the bar council.
-Each party to the transaction is advised to retain separate lawyers to protect their respective interests.
A lawyer can:
a) Advise, prepare and/or vet document such as SPA, deed of assignment, deed of reassignment, deed of mutual covenants, and deed of reassignment
and loan document. However, the SPA for purchases of residential properties from a developer is a standard form agreement fixed by law;
b) Conduct land, bankruptcy/ insolvency and company searches to ensure that there are no surprises, such as a different registered owner,
encumbrances (charges, caveats), conditions or restrictions on the title( important for a buyer), or that a party is bankruptcy/ insolvent;
c) If there is an individual title, to enter a private caveat to freeze all dealings in the property until it is transferred to the buyer;
d) Send document/instrument to the stamp office for adjudication and arrange for their stamping;
e) Act as stakeholder, to hold all money paid, retain 2% of the purchase price for the purpose of Real Property Gains Tax; and/ or to hold balance of
the purchase price;
f) Prepare and witness the execution of statutory forms;
g) For a sub-sale where the individual title has not been issued, get the consent of the developer to the sale of the property to the new buyer and to
undertake the registration of the property in the name of the new buyer. The lawyer should also get an undertaking from the developer not to further
encumber the property, and for a development project with a master title, a letter of disclaimer from the charge of the master title confirming no
right or interest in the individual property;
h) If the buyer takes a loan, get a letter of undertaking from the lender. The undertaking will include an undertaking that it will not foreclose the
property if the loan, interest, etc has been repaid/paid; and
i) Present the transfer (form 14A) and if applicable, the charge (FORM 16 A) for registration at the land office.
(for the scale of professional fees chargeable by lawyers).
House seller’s guide
Documents/ information you must provide buyers/buyer solicitors.
a) Copies of your previous sale & purchase agreement and loan agreement /title.
b) Current year quit rent receipt.
c) Current year assessment receipt.
d) Redemption statement from your bank (if you charged your house to the bank).
e) Letter of undertaking to purchaser’s bank to refund purchasers bank loan released to you in the event the transfer/ deed of assignment signed by
you in favour of purchaser cannot be registered/ is defective.
f) Income tax files reference number & which branch
Make sure you make arrangement with purchaser to obtain refund of the remaining deposits i.e. water, electricity, telephone etc.
Make sure you make arrangements to obtain the refund of deposits which you have paid the developer. You would be required to provide the necessary original receipts to obtain the refund.
Notification of change of ownership of house/ apartment to local authority i.e. majlis perbandaran.
You or your lawyer must notify the local authority of any change in the ownership of any house/ apartment so that its assessment record could be updated. It is an offence if you fail to notify the relevant authorit
Receipt of balance purchase price
Generally, there would be a short time lapse between the payment of the balance price by the purchaser to your lawyer and the date when you receive the balance purchase price from your lawyer depending on the completion of documentation. Please seek clarification from your lawyer.