Frequently asked questions
Purchasing a Property
► Q1. Whom may I purchase properties from?
Q1. Whom may I purchase properties from?
You may purchase from a property developer or an existing property owner. The latter is commonly termed a "sub-sale". Make sure you are dealing with the owner's authorised agent. All authorised estate agents must be approved and registered with the Board of Valuers, Appraisers & Estate Agents.
► Q2. I have decided to purchase a property. What should I do?
Q2. I have decided to purchase a property. What should I do?
It is advisable to engage a solicitor who will conduct a search on the property to confirm ownership and perform a bankruptcy/winding-up search on the vendor before you make any commitments. Your solicitor will prepare the necessary legal documentations.
Please note that a solicitor may only represent one party in a transaction.
► Q3. How do I make an offer to the vendor?
Q3. How do I make an offer to the vendor?
You sign a Letter of Offer/Intent prepared by the developer or the agent after your solicitor has perused it. You will usually pay 3% of the purchase price as earnest deposit which will form part of the purchase price.
► Q4. What are the documents to be executed?
Q4. What are the documents to be executed?
Firstly, you are required to execute the sale and purchase agreement within 14 days of signing the Letter of Offer/Intent. The contract must take the form of Schedule G of the Housing Development (Control & Licensing) Act when you purchase land and buildings from developers and Schedule H when you purchase subdivided buildings from developers.
The vendor will execute a memorandum to transfer the title to you. However, if there is no title, the vendor will execute a deed of assignment to assign all his rights and benefits under the principal sale and purchase agreement to you. If you are buying direct from a developer, they will execute a letter of undertaking to transfer the title to you.
You must also execute the land office forms for the application of the state government's approval for your purchase.
► Q5. If I do not execute the sale and purchase agreement and other documents before being attested by my solicitor in Malaysia, who c
Q5. If I do not execute the sale and purchase agreement and other documents before being attested by my solicitor in Malaysia, who c
The execution of any instrument affecting any dealing under the National Land Code such as the memorandum of transfer, the entry and withdrawal of private caveat forms, the charge, etc. shall be attested by the following:
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Country |
Attesting officer or other persons |
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The Republic of India |
a Registrar of a High Court; a District Magistrate, a Presidency Magistrate or a Magistrate of the First or Second Class; a notary public; the High Commissioner, the Deputy High Commissioner or any Secretary or Attache of the High Commission of Malaysia |
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The Republic of Pakistan |
a Registrar of a High Court; a District Judge; a Magistrate of the First Class; a notary public; the Ambassador, the Charge d'Affaires ai or any Secretary or Attache of the Embassy of Malaysia |
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The Republic of Singapore |
a Registrar of a High Court; a District Judge; a Magistrate; a notary public; the High Commissioner, the Deputy High Commissioner or the First Secretary of the High Commission of Malaysia |
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The Republic of Sri Lanka |
a Registrar of a High Court; a Magistrate; a notary public; the High Commissioner, the Deputy High Commissioner or any Secretary or Attache of the High Commission of Malaysia |
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The State of Brunei |
a Registrar of a High Court; a Magistrate; a notary public |
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Any Commonwealth country other than those abovementioned |
the High Commissioner of Malaysia; a notary public |
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Any place other than those abovementioned |
A diplomatic officer of Malaysia |
► Q6. What are the terms of payment?
Q6. What are the terms of payment?
Upon signing the sale and purchase agreement, you pay up to 10% of the purchase price. Thereafter, if you are buying direct from a developer, you pay progressively according to the stages of work completed. Every request for payment must be supported by an architect or engineer's certificate.
When you buy from an existing property owner, you pay the balance within 3 months from the date you obtain the state government's approval for your purchase.
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