Property Conveyancing · Malaysia
Buying or Selling
Property in
Malaysia?
Dhyan & Co acts for buyers, sellers, developers, and financiers in residential and commercial property transactions throughout Malaysia. We make the legal process clear, fast, and properly done from the first letter of offer to final registration of title.
Houses, Condominiums & Apartments
Sub-sale, developer purchases, leasehold and freehold, strata titles, and refinancing. We handle the full transaction from SPA to registration of title transfer and loan documentation.
- Primary market (developer sales)
- Secondary market (sub-sale between individuals, companies and foreigners)
- Strata title perfections of transfers and charge
- Housing loan and end-financing documentation
Shophouses, Office Suites & Industrial Properties
Commercial property transactions involve additional due diligence mainly zoning, permitted use, existing tenancies, encumbrances, and licences. We advise buyers and sellers alike.
- Shop lots, office units, and mixed-use developments
- Industrial land and factory purchases
- Sale and leaseback arrangements
- Commercial property financing and charges
CONSENT TO TRANSFER
FOREIGNER CONSENT
DEVLOPER PURCHASE
PRIVATE CAVEAT
DISCHARGE OF CHARGE
SALE AND PURCHASE AGREEMENT
STAMP DUTY
PREFECTION OF TITLE
RPGT
LOAN AGREEMENT
STRATA TITLE
Deed of Gift
Transmission on Death
What Is Conveyancing
The legal
transfer
of property in
Malaysia
Dhyan & Co acts for buyers, sellers, developers, and financiers in residential and commercial property transactions throughout Malaysia. We make the legal process clear, fast, and properly done from the first letter of offer to final registration of title.
Conveyancing is the legal process of transferring ownership of property from one person to another. In Malaysia, it is governed primarily by the National Land Code 2020, the Housing Development (Control & Licensing) Act 1966, and the Contracts Act 1950. Every transaction whether buying a condominium in KL or a shophouse in Petaling Jaya must pass through a solicitor.
The process involves preparing and executing the Sale and Purchase Agreement (SPA), conducting due diligence on the title, facilitating the loan agreement between buyer and bank, paying the requisite stamp duty, applying for consent to transfer and charge where required, lodging the Memorandum of Transfer (Form 14A), and ultimately registering the transfer at the relevant land office.
At Dhyan & Co, we act for buyers and sellers with equal rigour ensuring all conditions precedent are met, all encumbrances discharged, and the title passes cleanly and on time.
10%
Typical deposit on signing SPA
3 months
Typical SPA completion period (individual title)
Form 14A
Memorandum of Transfer, the key instrument
NLC 2020
Governing statute for all land transactions
| PROPERTY VALUE | RATE | ON THIS TIER |
|---|---|---|
|
First RM 100,000 |
1% |
RM 1,000 |
|
RM 100,001 – RM 500,000
|
2% |
RM 8,000 |
|
RM 500,001 – RM 1,000,000 |
3% |
RM 15,000 |
|
Above RM 1,000,000 |
4% |
On excess |
★ First-time homebuyers purchasing a property priced at or below RM 500,000 are eligible for a full stamp duty exemption on the SPA and loan agreement under the relevant government exemption orders. Terms apply. We advise on eligibility.
Our Services
What We Handle
For You
We act for all parties in a property transaction,
buyers, sellers, developers, and financial institutions.
Buyer's Conveyancing
When you purchase a property, your solicitor’s role is to protect your interest — ensuring the seller has good and marketable title, all encumbrances are discharged before completion, and the property is delivered free of caveats, charges, and liabilities.
We conduct a thorough title search, review the SPA terms, and advise you on any conditions, restrictions in interest, or express conditions attached to the title that may affect your future use or disposal of the property.
Letter of Offer & Booking
We review the letter of offer and advise on any unusual conditions before you pay the booking deposit to the seller.
SPA Review & Execution
We review and negotiate the SPA terms — payment schedule, vacant possession date, and liquidated damages clause.
Title Search & Due Diligence
Full search at the land office — checking encumbrances, caveats, restrictions in interest, express conditions, and quit rent status.
Loan Documentation
We prepare or review the loan agreement, facility letter, and charge documents with the purchaser’s financier — coordinating with the bank’s solicitors.
Stamp Duty & Registration
We stamp the SPA and the Memorandum of Transfer (Form 14A) at LHDN and present for registration at the relevant land office.
Buyer's Key Rights
What You Are Entitled To
- Good and marketable title free from encumbrances at completion
- Vacant possession on the contractual date — or liquidated damages
- Full disclosure of express conditions and restrictions in interest
- Quit rent and assessment and other outgoings paid to completion date
Common Pitfalls — We Watch For These
Buyer Risks We Protect Against
- Undisclosed caveats or charges on the title
- Restriction in interest requiring State authority consent
- Outstanding quit rent, assessment, or maintenance charges
- Developer’s charge not discharged before registration
- Strata title not yet issued
Documents Required from Buyer
- MyKad / passport copies (buyer and spouse if joint purchase)
- Salary slips and bank statements (for loan application)
- Booking receipt or letter of offer from seller / developer
- Confirmation of first-time buyer status (if claiming exemption)
Seller's Conveyancing
As a seller, your solicitor prepares the Sale and Purchase Agreement, ensures that all conditions of sale are met by completion, discharges any existing charge or encumbrance on the title, and delivers the executed Form 14A (Memorandum of Transfer) to the purchaser’s solicitors.
We also advise on your liability for Real Property Gains Tax (RPGT), a critical consideration for sellers, particularly for properties held for less than five years.
SPA Preparation
We prepare the SPA on the seller’s behalf, incorporating agreed terms and conditions. We advise on the asking price, deposit structure, and completion period.
RPGT Assessment & Filing
We review the letter of offer and advise on any unusual conditions before you pay the booking deposit to the seller or developer.
Discharge of Charge
We review the letter of offer and advise on any unusual conditions before you pay the booking deposit to the seller or developer.
Execution of Form 14A
We review the letter of offer and advise on any unusual conditions before you pay the booking deposit to the seller or developer.
Release of Sale Proceeds
We review the letter of offer and advise on any unusual conditions before you pay the booking deposit to the seller or developer.
RPGT Rates 2024 — Sellers
Real Property Gains Tax
- Within 3 years of purchase: 30% of gains
- In the 4th year: 20% of gains
- In the 5th year: 15% of gains
- After 5 years: Nil (for individuals)
- Companies: 10% after 5 years (not nil)
RPGT — Watch Out For
Seller's RPGT Risks
- The 5% retention sum held by purchaser’s solicitors pending RPGT clearance
- Gifts between spouses and lineal family — still assessable to RPGT
- Inherited property — acquisition date is date of death, not date of transfer
- Claiming the principal residence exemption — strict conditions apply
Documents Required from Seller
- Original title / strata title (if in seller’s custody)
- MyKad / passport copies
- Latest quit rent and assessment receipts
- Loan account details (for discharge of charge)
- RPGT cost of acquisition evidence (original SPA)
Commercial Property
Transactions
Commercial property transactions in Malaysia involve additional legal complexity compared to residential conveyancing — including zoning and permitted use verification, existing tenancy assignment, environmental searches, and commercial financing structures.
We advise buyers, sellers, and investors in all categories of commercial property — from individual shop lots to entire office buildings, industrial land, and mixed-use developments.
Zoning & Permitted Use
We verify the permitted use under the relevant local authority approval — ensuring the property can lawfully be used for your intended business purposes before contracts are exchanged.
Tenancy & Occupier Review
Where the property is tenanted, we review all existing tenancy agreements, advise on assignment or novation obligations, and ensure vacant possession of any unit you require to occupy.
Commercial SPA Negotiation
Unlike residential SPAs (which follow prescribed forms), commercial SPAs are freely negotiated. We draft and negotiate terms that protect your interests — including representations and warranties, retention sums, and commercial conditions precedent.
Financing & Charge Documentation
We advise on commercial property financing — term loans, overdraft facilities, and Islamic financing structures — and prepare all security documentation including the debenture and fixed charge.
Additional Searches for Commercial Property
Due Diligence Beyond the Title
- Local authority zoning and building plans search
- Fire department and BOMBA clearance
- Business licence and occupation certificate verification
- Tenancy schedules and lease assignments
- Utility connection status (TNB, Syabas / Air Selangor)
- Local authority assessment (cukai taksiran) compliance
Property Categories We Handle
- Shop lots (ground floor, commercial titles)
- Office suites and MSC-status buildings
- Industrial land and detached / semi-detached factories
- Hotels, serviced apartments, and mixed-use developments
- Petrol stations, educational premises, and healthcare facilities
Commercial Stamp Duty
Higher Rates Apply
Commercial properties attract the same ad valorem stamp duty scale as residential — but commercial financing documentation (facility agreements, debentures) is stamped at a flat rate. We compute all duties accurately to avoid LHDN penalties.
Loan, Charge &
Refinancing
When a property purchase is financed by a bank, the solicitor acts in a dual capacity — for the purchaser in the transfer and for the bank in the preparation and registration of the charge. Where a conflict arises, separate solicitors are required.
Refinancing involves discharging the existing charge and simultaneously registering a new charge in favour of the new financier. We coordinate the redemption statement, discharge, and new charge documentation with precision to avoid any gap in security.
Facility Letter Review
We review the bank’s facility letter and advise you on interest rate, lock-in period, early settlement penalty, and any conditions that may affect your ability to sell or refinance later.
Loan Agreement Preparation
We prepare the loan agreement, supplemental agreement, and deed of assignment (for properties without individual / strata title) in the prescribed bank format.
Charge Registration
We review the letter of offer and advise on any unusual conditions before you pay the booking deposit to the seller or developer.
Refinancing — Discharge & New Charge
For refinancing, we obtain the redemption statement, prepare the Discharge of Charge from the outgoing bank, and simultaneously register the new charge with the incoming bank — ensuring uninterrupted security coverage.
Islamic Financing Structures
Shariah-Compliant Property Financing
We handle all Islamic financing structures commonly used in Malaysia — Murabahah, Bai Bithaman Ajil (BBA), Musharakah Mutanaqisah (MM), and Ijarah — including the corresponding charge documentation and deed of assignment.
Loan Documents We Prepare
- Loan / Facility Agreement
- Deed of Assignment (pre-title property)
- Charge (Form 16A) — on individual / strata title
- Discharge of Charge (Form 16N) — for refinancing
- Power of Attorney in favour of bank
- Fire insurance nomination to bank
Stamp Duty on Loan Agreement
Loan Stamp Duty
Stamp duty on loan / financing agreements is charged at 0.5% of the loan amount. For a RM 500,000 loan, this amounts to RM 2,500. First-time homebuyers purchasing below RM 500,000 may claim a full exemption on the loan agreement stamp duty.
Transaction Timeline
From Offer to
Registered Title
Timelines depend on whether individual title exists,
whether the property is financed, and whether State
consent is required. These are the standard
pathways for a straightforward sub-sale transaction.
Buyer's Conveyancing Timeline
Letter of Offer & Booking Deposit (2%–3%)
Letter of offer signed and booking deposit paid. We are instructed to review the terms.
SPA Executed — Balance Deposit (7%–8%)
SPA signed by both parties. Balance deposit of 7%–8% paid to seller's solicitors as stakeholders. Title search conducted simultaneously.
Loan Documentation Executed
Loan agreement, charge, and deed of assignment signed with your bank. Bank confirms approval and drawdown.
State Consent Applied (if required)
Where the title carries a restriction in interest requiring State authority consent, the application is filed. Processing time varies by state — typically 4–8 weeks.
Completion — Balance Purchase Price
Balance of purchase price released to seller. Form 14A and Discharge of Charge (if any) collected from seller's solicitors.
Stamp Duty & Registration
Form 14A stamped at LHDN. Presented for registration at land office. Title registered in buyer's name.
Seller's Conveyancing Timeline
Instruction to Prepare SPA
We take instructions, confirm identity, obtain original title details and confirm existence of any encumbrances or outstanding loans.
SPA Prepared & Executed
SPA prepared, RPGT computation prepared, CKHT forms filed with LHDN. We advise on available RPGT exemptions at this stage.
Redemption Statement Obtained
We write to your bank for the redemption statement — the amount required to fully discharge your existing housing loan on completion .
Discharge of Charge Prepared
We work with your bank to prepare Form 16N (Discharge of Charge). This must be executed and available for registration on completion day.
Completion & Form 14A Execution
You sign the Form 14A before our witnessing solicitor. Balance purchase price is received. Outstanding quit rent and assessment settled.
Net Proceeds Released to You
After deducting RPGT retention (5% held pending LHDN clearance), outstanding loan, and legal fees, net sale proceeds released to you.
Document Checklist
What to Prepare
for Your Appointment
Prepare these documents before your first appointment with us
the faster we receive them, the faster we can complete your transaction.
Residential Buyer — Documents
Residential Seller — Documents
Get a Fee Quote
Tell us about
your property
transaction
We respond to all conveyancing enquiries within 2 hours during office hours. A full fee estimate with stamp duty calculation is provided at no charge.
Whether you are buying your first home or your fifteenth investment property, the legal process deserves the same care and precision."
