Legal Faq
Conveyancing & Property
Conveyancing is the legal process of transferring ownership of a property from one party to another. A lawyer prepares and reviews all the necessary documents — including the Sale & Purchase Agreement (SPA), loan documentation, and Memorandum of Transfer (MOT) — to ensure the transaction is legally valid and your interests are protected. Without proper legal representation, you risk signing documents that may be unfavourable or legally unsound.
For a sub-sale (secondary market) property, the process typically takes 3 to 4 months from signing the SPA to completing the transfer, depending on the complexity of the transaction and the responsiveness of all parties involved. For new developer properties, the timeline may differ based on the project's completion stage and the developer's legal team.
The Sale & Purchase Agreement (SPA) is the contract between the buyer and seller that sets out the terms and conditions of the property transaction. The Loan Agreement, on the other hand, is the contract between the buyer and the bank, governing the terms of the housing loan. Both agreements require separate legal fees and stamp duty.
As a buyer, you can expect to pay legal fees for the SPA and loan agreement (based on the Solicitors' Remuneration Order 2023), stamp duty on the SPA/transfer (based on the property price) and on the loan agreement (0.5% of loan amount), as well as disbursements such as land office fees, registration fees, and search fees. Our online calculator can help you estimate these costs.
Under Malaysian law, the same firm can generally act for both the buyer and seller in a straightforward conveyancing transaction. However, the same lawyer cannot act for both the bank and the borrower if there is a conflict of interest. At MOK & Partners, we ensure full transparency and advise you clearly whenever separate representation is recommended.
If a seller or developer fails to complete the transaction within the agreed timeline, you may be entitled to claim liquidated damages or terminate the agreement and seek a refund of all monies paid. Your lawyer will review the terms of your SPA and advise you on the best course of action, including whether to pursue legal proceedings if necessary.
Divorce & Custody
Conveyancing is the legal process of transferring ownership of a property from one party to another. A lawyer prepares and reviews all the necessary documents — including the Sale & Purchase Agreement (SPA), loan documentation, and Memorandum of Transfer (MOT) — to ensure the transaction is legally valid and your interests are protected. Without proper legal representation, you risk signing documents that may be unfavourable or legally unsound.
For a sub-sale (secondary market) property, the process typically takes 3 to 4 months from signing the SPA to completing the transfer, depending on the complexity of the transaction and the responsiveness of all parties involved. For new developer properties, the timeline may differ based on the project's completion stage and the developer's legal team.
The Sale & Purchase Agreement (SPA) is the contract between the buyer and seller that sets out the terms and conditions of the property transaction. The Loan Agreement, on the other hand, is the contract between the buyer and the bank, governing the terms of the housing loan. Both agreements require separate legal fees and stamp duty.
As a buyer, you can expect to pay legal fees for the SPA and loan agreement (based on the Solicitors' Remuneration Order 2023), stamp duty on the SPA/transfer (based on the property price) and on the loan agreement (0.5% of loan amount), as well as disbursements such as land office fees, registration fees, and search fees. Our online calculator can help you estimate these costs.
Under Malaysian law, the same firm can generally act for both the buyer and seller in a straightforward conveyancing transaction. However, the same lawyer cannot act for both the bank and the borrower if there is a conflict of interest. At MOK & Partners, we ensure full transparency and advise you clearly whenever separate representation is recommended.
If a seller or developer fails to complete the transaction within the agreed timeline, you may be entitled to claim liquidated damages or terminate the agreement and seek a refund of all monies paid. Your lawyer will review the terms of your SPA and advise you on the best course of action, including whether to pursue legal proceedings if necessary.
Will, Trust & Probate
Conveyancing is the legal process of transferring ownership of a property from one party to another. A lawyer prepares and reviews all the necessary documents — including the Sale & Purchase Agreement (SPA), loan documentation, and Memorandum of Transfer (MOT) — to ensure the transaction is legally valid and your interests are protected. Without proper legal representation, you risk signing documents that may be unfavourable or legally unsound.
For a sub-sale (secondary market) property, the process typically takes 3 to 4 months from signing the SPA to completing the transfer, depending on the complexity of the transaction and the responsiveness of all parties involved. For new developer properties, the timeline may differ based on the project's completion stage and the developer's legal team.
The Sale & Purchase Agreement (SPA) is the contract between the buyer and seller that sets out the terms and conditions of the property transaction. The Loan Agreement, on the other hand, is the contract between the buyer and the bank, governing the terms of the housing loan. Both agreements require separate legal fees and stamp duty.
As a buyer, you can expect to pay legal fees for the SPA and loan agreement (based on the Solicitors' Remuneration Order 2023), stamp duty on the SPA/transfer (based on the property price) and on the loan agreement (0.5% of loan amount), as well as disbursements such as land office fees, registration fees, and search fees. Our online calculator can help you estimate these costs.
Under Malaysian law, the same firm can generally act for both the buyer and seller in a straightforward conveyancing transaction. However, the same lawyer cannot act for both the bank and the borrower if there is a conflict of interest. At MOK & Partners, we ensure full transparency and advise you clearly whenever separate representation is recommended.
If a seller or developer fails to complete the transaction within the agreed timeline, you may be entitled to claim liquidated damages or terminate the agreement and seek a refund of all monies paid. Your lawyer will review the terms of your SPA and advise you on the best course of action, including whether to pursue legal proceedings if necessary.
Criminal Litigation
Conveyancing is the legal process of transferring ownership of a property from one party to another. A lawyer prepares and reviews all the necessary documents — including the Sale & Purchase Agreement (SPA), loan documentation, and Memorandum of Transfer (MOT) — to ensure the transaction is legally valid and your interests are protected. Without proper legal representation, you risk signing documents that may be unfavourable or legally unsound.
For a sub-sale (secondary market) property, the process typically takes 3 to 4 months from signing the SPA to completing the transfer, depending on the complexity of the transaction and the responsiveness of all parties involved. For new developer properties, the timeline may differ based on the project's completion stage and the developer's legal team.
The Sale & Purchase Agreement (SPA) is the contract between the buyer and seller that sets out the terms and conditions of the property transaction. The Loan Agreement, on the other hand, is the contract between the buyer and the bank, governing the terms of the housing loan. Both agreements require separate legal fees and stamp duty.
As a buyer, you can expect to pay legal fees for the SPA and loan agreement (based on the Solicitors' Remuneration Order 2023), stamp duty on the SPA/transfer (based on the property price) and on the loan agreement (0.5% of loan amount), as well as disbursements such as land office fees, registration fees, and search fees. Our online calculator can help you estimate these costs.
Under Malaysian law, the same firm can generally act for both the buyer and seller in a straightforward conveyancing transaction. However, the same lawyer cannot act for both the bank and the borrower if there is a conflict of interest. At MOK & Partners, we ensure full transparency and advise you clearly whenever separate representation is recommended.
If a seller or developer fails to complete the transaction within the agreed timeline, you may be entitled to claim liquidated damages or terminate the agreement and seek a refund of all monies paid. Your lawyer will review the terms of your SPA and advise you on the best course of action, including whether to pursue legal proceedings if necessary.