page top Skip over navigation Access key details

Procedure for the execution of documents

  1. (a) Following execution of the documents, and the payments being made, the purchaser’s solicitor would attest the signature of the purchaser and forward the documents together with the deposit sum, to the vendor’s solicitor.
  2. (b) Once the documents are returned from the vendor’s solicitor with the vendor’s signature duly attested by the vendor’s solicitor, the purchaser‘s solicitor shall then date the sale and purchase agreement and stamp it for RM10 per copy.
  3. (c) When the sale and purchase agreement is dated and stamped, the purchaser’s solicitor shall forward a duplicate copy of the sale and purchase agreement to the vendor’s solicitor and the original and a duplicate copy of the same to the purchaser.
  4. (d) Within 60 days from the date of the sale and purchase agreement, the purchaser’s solicitor shall forward the CKHT 2A Form to the relevant tax department for the purpose of the real property gains tax, together with a copy of the duly executed and stamped sale and purchase.
  5. (e) Thereafter the purchaser’s solicitor has to wait for the developer’s confirmation or consent (if applicable) and state authority consent (if applicable) from the vendor’s solicitors.
  6. (f) In some instances, although the master title is yet to be subdivided, the state authority’s consent is also required to be obtained by the vendor.
  7. (g) As mentioned above, for properties that fall outside the jurisdiction of the Housing Developer (Control & Licensing) Act 1966 i.e. non-residential properties, the vendor’s solicitor must request from the developer/proprietor for their consent to sell and assign the said property to the purchaser
  8. (h) All that is needed for properties within the jurisdiction of the Housing Developer (Control & Licensing) Act 1966 i.e. residential properties is merely a developer’s confirmation (not consent) for the assignment or sale of the property to the purchaser. This is merely a formality in which the developer can charge a fee not more than RM50 (as an administration fee) for each confirmation.

This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.

Jump to this this section below.

Purchase of Real Property - Step by Step Guide & Precedents

by By Lawyers For Lawyers author - Jayadeep Hari & Jamil

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.

© 2011 Smokeball. All rights reserved. Terms of Use.