Overview
This Purchase Step-by-Step Legal Practice Guide and Precedents contains extensive precedents and guidance to enable a lawyer to complete a purchase of property matter including guidance on:
- Sale and purchase agreement with title
- Sale and purchase agreement without title
- Purchase by foreigner
- Caveats
- Real Property Gains Tax
- Strata Titles Act 1985
A wide range of precedent forms and letters used through the course of the transaction are also included. As with all Step-by-Step Guides this guide takes you sequentially through a Purchase matter from getting the matter underway and taking instructions, right through to finalisation.
Outline
Overview
Overview
Land ownership
The distinctive feature of leasehold properties
Nature of purchase
Purchase by a foreigner
Types of properties
Restrictions
Getting the matter underway
Role of a solicitor
Liability towards clients
Essential preliminaries
Initial precedents for file opening
Searches
Land title search
Bankruptcy searches
Bank statements
Contract
Contract
Formation
Offer/Proposal
Acceptance
Intention to create legal relations
Consideration
Contract preparation
Draft sale and purchase agreement precedents - with title
Draft sale and purchase agreement precedents - without title
Precedents sending draft
Negotiation
Precedents sending comments on sale & purchase agreements
Concluding negotiations
Agreed precedents and forms - with title
Agreed precedents and forms - without title
Statutory declaration precedents and general forms
Solicitors remuneration order
Execution of documents
Stamping the agreement
Receipt precedents
Caveats
Private caveat
Registrar's caveat
Lien holder's caveat
Trust caveat
Real Property Gains Tax
Consents
Stamp duty
Strata Titles Act
Mid transaction
Mid transaction
Mid transaction precedents - with title
Without title - Procedure upon obtaining developer's consent (where applicable)
Mid transaction precedents - without title
Finance precedents
Differential sum
Through to vacant possession
Through to vacant possession - with title
Through to vacant possession - without title
General precedents
Finalisation
Finalisation - with title
Finalisation - without title
Precedents
Initial precedents for file opening
- File cover sheet
- Checklist - purchase with title
- Checklist - purchase wthout title
- Initial letter to client confirming instructions
- Instruction sheet - Sale & purchase
Contract preparation
- Letter requesting initial information from vendor's solicitor
Draft sale and purchase agreement precedents - with title
- Sale and purchase agreement - With title
- Sale and purchase agreement - With title - Foreigner
Draft sale and purchase agreement precedents - without title
- Sale and Purchase agreement - Without Title
- Sale and purchase agreement - Without title - Foreigner
Precedents sending draft
- Letter to Vendor's Solicitor's for Approval of Sale & Purchase Agreement
Precedents sending comments on sale & purchase agreements
- Letter sending comments on draft Sale & Purchase Agreement
Agreed precedents and forms - with title
- Sale and purchase agreement - With title
- Sale and purchase agreement - With title - Foreigner
- Statutory declaration by private caveator
- Form 14A Transfer of Land, Share, or Lease (Borang 14A Pindah Milik Tanah Bahagian Atau Pajakan)
- Form 19B Application For Entry of a Private Caveat (19B Permhnan Memasukkan Kaveat Prsendirian)
- Form 19G Notice to Withdraw Private Caveat (Borang 19G Notis Untuk Menarik Balik Kaveat Sendirian)
Agreed precedents and forms - without title
- Sale and Purchase agreement - Without Title
- Sale and purchase agreement - Without title - Foreigner
- Deed of Assignment
- Schedule G Sale and Purchase Agreement (Land and Building), contract for sale, housing accommodation
- Schedule H Sale and Purchase Agreement (Land and Building), contract for sale, housing accommodation
Statutory declaration precedents and general forms
- Statutory Declaration-no bankruptcy
- Statutory declaration by director
- PDS 15 Form Section 5 of the Stamp Act 1949 for Transfer of Real Estate (Borang Seksyen 5)
Solicitors remuneration order
- Bill for legal services and disbursements
Execution of documents
- Letter to purchaser asking them to come in and sign documentation
- Letter to Send Documents to Vendor's Solictor's for Execution
Stamping the agreement
- Letter to purchaser's financier's solicitor's to forward original stamped Sale & Purchase Agreement
- Letter to vendor's solicitor to forward stamped Sale & Purchase Agreement
- Letter to purchaser to foward copy stamped sale and purchase agreement
Receipt precedents
- Receipt for payment of legal services
Caveats
- Letter to registrar enclosing documents for Entry of Private Caveat
Real Property Gains Tax
- Letter for CKHT Submission
Stamp duty
- Letter for the submission for adjudication purposes to the stamp office
- Letter to Request Purchaser's Payment of Stamp Duty
Mid transaction precedents - with title
- Letter submitting the memorandum of transfer for adjudication
Mid transaction precedents - without title
- Letter to purchaser requesting developer's confirmation undertaking and fees and charges if any
- Letter to developer enclosing deed of receipt for endorsement
Finance precedents
- Letter to bank requesting redemption statement and undertaking
- Letter of Undertaking to financier's solicitor
- Letter of undertaking to bank
- Letter of undertaking to refund loan sum (property with title)
- Letter of undertaking to refund loan sum (property without title)
Differential sum
- Letter to purchaser requesting differential sum
- Letter forwarding differential sum to Vendor's Solicitor
- Letter to financer enclosing written confirmation of receipt from vendor's solicitor
Through to vacant possession - without title
- Letter to developer enclosing deed of receipt for endorsement
- Letter to financier confirming submission of deed
- Letter for the submission for adjudication purposes to the stamp office
- Letter to Request Purchaser's Payment of Stamp Duty
General precedents
- Letter to purchaser to pay apportioned outgoings
- Letter to financier enclosing redemption sum and discharge of charge
- Form 16N Discharge of Charge (Borang 16N Melepaskan Gadaian, Mahkamah Rendah)
Finalisation - with title
- Letter to send Memorandum of Transfer & Other Documents with Requisite Registration Fees to Financier's Solicitor
- Letter to purchaser sending title and finalising matter
Finalisation - without title
- Letter to vendor's solicitor enclosing copies of deeds
- Letter to financier forwarding original deeds
- Letter to developer enclosing deeds
- Letter to purchaser enclosing copies of deeds
