We handle the legal work on real estate transactions, from the agreement to registration at the land office, for residential and commercial property. For an estimate of the legal fees and stamp duty on a purchase, use our legal fee and stamp duty calculator.
Sale and purchase agreements
The sale and purchase agreement (SPA) sets out the terms on which a property is bought and sold. Careful drafting and review help avoid costly problems later.
- Drafting and reviewing SPAs for subsale (secondary market) transactions
- Reviewing developer SPAs for new projects
- Title searches and checks on encumbrances, caveats and restrictions
- Managing deposits, stakeholder sums and completion timelines
- Coordinating with the other party’s lawyers, banks and the land office
Property financing
Most property purchases are financed by a bank loan. We prepare and explain the loan documentation so that you understand your obligations before you sign, and work with the bank and the other parties so that the loan is released on time for completion.
- Loan and facility agreements for purchases and refinancing
- Security documents for the loan, such as a charge or an assignment over the property
- Stamping of loan documents and liaison with the bank
- Redemption of existing loans and discharge of charges
Leases and tenancies
A well-drafted lease or tenancy agreement protects both landlord and tenant and helps avoid disputes. We act for landlords and tenants of residential and commercial property.
- Drafting and reviewing tenancy and lease agreements
- Advising on rent, deposits, renewal options, repairs and termination
- Stamping of tenancy agreements
- Registration of leases at the land office, where required
- Advising on disputes during or at the end of a tenancy (see property and tenancy disputes)
Transfers of ownership
Property may be transferred by sale, as a gift (for example, between family members), under a will or on the administration of an estate. We handle the documentation and registration from start to finish.
- Preparing the transfer documents
- Transfers between family members, and advice on any stamp duty relief that may apply
- Transfers on the administration of an estate
- Assessment and payment of stamp duty
- Presentation and registration of the transfer at the land office
Perfection of transfer and charge
After a sale or a loan, the transfer and charge must be properly stamped and registered for your ownership and the bank’s security to be protected. This process is known as perfection. We keep you updated on progress until registration is complete.
- Assessment and payment of stamp duty
- Presentation of the transfer and charge at the relevant land office
- Following up on registration and collecting the registered title
- Lodging or withdrawing private caveats where needed
Real property gains tax (RPGT)
When a property is sold, RPGT forms must be submitted to the Inland Revenue Board (LHDN). We prepare and submit them on your behalf.
- Preparing and submitting the RPGT forms to LHDN within the time allowed
- Advising on the portion of the purchase price that may need to be retained and paid to LHDN
- Advising on the rate and any exemptions that may apply