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Purchase of Real Property - Step-by-Step Guide & Precedents by Jayadeep Hari & Jamil

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

File cover sheetChecklist - purchase with titleChecklist - purchase wthout titleInitial letter to client confirming instructionsInstruction sheet - Sale & purchase

Searches

Land title search

Bankruptcy searches

Bank statements

Contract

Contract

Formation

Offer/Proposal

Acceptance

Intention to create legal relations

Consideration

Contract preparation

Letter requesting initial information from vendor's solicitor

Draft sale and purchase agreement precedents - with title

Sale and purchase agreement - With titleSale and purchase agreement - With title - Foreigner

Draft sale and purchase agreement precedents - without title

Sale and Purchase agreement - Without TitleSale and purchase agreement - Without title - Foreigner

Precedents sending draft

Letter to Vendor's Solicitor's for Approval of Sale & Purchase Agreement

Negotiation

Precedents sending comments on sale & purchase agreements

Letter sending comments on draft Sale & Purchase Agreement

Concluding negotiations

Agreed precedents and forms - with title

Sale and purchase agreement - With titleSale and purchase agreement - With title - ForeignerStatutory declaration by private caveator

Agreed precedents and forms - without title

Sale and Purchase agreement - Without TitleSale and purchase agreement - Without title - ForeignerDeed of Assignment

Statutory declaration precedents and general forms

Statutory Declaration-no bankruptcyStatutory declaration by director

Solicitors remuneration order

Bill for legal services and disbursements

Execution of documents

Letter to purchaser asking them to come in and sign documentationLetter 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 AgreementLetter to vendor's solicitor to forward stamped Sale & Purchase AgreementLetter 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

Private caveat

Registrar's caveat

Lien holder's caveat

Trust caveat

Real Property Gains Tax

Letter for CKHT Submission

Consents

Stamp duty

Letter for the submission for adjudication purposes to the stamp officeLetter to Request Purchaser's Payment of Stamp Duty

Strata Titles Act

Mid transaction

Mid transaction

Mid transaction precedents - with title

Letter submitting the memorandum of transfer for adjudication

Without title - Procedure upon obtaining developer's consent (where applicable)

Mid transaction precedents - without title

Letter to purchaser requesting developer's confirmation undertaking and fees and charges if anyLetter to developer enclosing deed of receipt for endorsement

Finance precedents

Letter to bank requesting redemption statement and undertaking Letter of Undertaking to financier's solicitorLetter of undertaking to bankLetter 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 sumLetter forwarding differential sum to Vendor's SolicitorLetter to financer enclosing written confirmation of receipt from vendor's solicitor

Through to vacant possession

Through to vacant possession - with title

Through to vacant possession - without title

Letter to developer enclosing deed of receipt for endorsementLetter to financier confirming submission of deedLetter for the submission for adjudication purposes to the stamp officeLetter to Request Purchaser's Payment of Stamp Duty

General precedents

Letter to purchaser to pay apportioned outgoingsLetter to financier enclosing redemption sum and discharge of charge

Finalisation

Finalisation - with title

Letter to send Memorandum of Transfer & Other Documents with Requisite Registration Fees to Financier's SolicitorLetter to purchaser sending title and finalising matter

Finalisation - without title

Letter to vendor's solicitor enclosing copies of deedsLetter to financier forwarding original deedsLetter to developer enclosing deedsLetter to purchaser enclosing copies of deeds

This publication is available as part of:

Purchase of Real Property - Step by Step Guide & Precedents

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.

About the author

This guide has been authored by Jayadeep Hari & Jamil with By Lawyers For Lawyers.
Jayadeep Hari & Jamil is a law firm operating in Kuala Lumpur with branch offices in Selangor and Kelantan. Established in 1997, the firm works in a number of areas of law including corporate & commercial, litigation and conveyancing... See more.

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