Legal Issues

Legal issues are complex procedures of paper work signing. Of course you have to understand every aspect before you put down your signature. There are a few things you should keep in mind:

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You should make your payment to developers through your own solicitor or lawful owner as he/she will protect your interests.

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You must read and fully understand the terms and conditions stated in the Sale and Purchase Agreement. Consult your solicitor if you want to amend anything before you sign the Sale and Purchase Agreement.

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Your solicitor should be fully responsible for the purchase of your house, and do not share the same solicitor with the seller, as a conflict of interest may occur.

Things that your solicitor should get:

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Photocopies of purchaser's and seller's addresses, telephone numbers, and etc for identification.

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Original copy of Sale and Purchase Agreement.

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Deed of Assignment.

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Search on the master title of the house to assure that the seller is the rightful owner.

Solicitor's Fees:Effective from January 1, 1992, legal fees are standardized by the Solicitors? Remuneration Order 1991. There are two types of calculation for legal fees: 

 

First Schedule (Sale and Transfer):Solicitor's fees are determined by value of the house in the Sale and Purchase Agreement.

House Value

Buyer

Seller

1st RM100,000.00

1% of House Value (Minimum RM200)

1% of House Value (Minimum RM200)

Next RM4.9 million

0.5% of House Value

0.5% of House Value

Thereafter

0.25% of House Value

0.25% of House Value

Fourth Schedule (Charges, Debentures and Security Loan Documents)

 

Solicitor's fees are determined by the loan amount for the above documentation.

Loan Amount

Legal Fees to buyer

1st RM100,000.00

1% of the Loan Amount (Minimum RM200 per transaction)

Next RM4.9 million

0.5% of Loan Amount

Thereafter

0.25% of Loan Amount

** Fees subject to 5% government tax.

 

Stamp Duty

 

There are two types of Stamp Duties:

 

1) Stamp Duty on Loan Amount

Loan Amount (RM?00)

50

100

150

200

250

300

Stamp Duty (RM)

250

500

750

1000

1250

1500

2) Progressive Present Stamp Duty on Transfer of House Title

House Value

Stamp Duty Payable

1st RM100,000

1%

Next RM400,000

2%

Next RM1.5 million

3%

Thereafter