Conveyancing Lawyer Setia Alam, Shah Alam

Our property lawyers advise on the acquisition and disposal of industrial, commercial and residential property in Malaysia, for corporations, public listed companies, investment funds and individuals. Our work runs from single-asset sale and purchase transactions through to property held within corporate structures, where the transaction is as much a corporate exercise as a conveyancing one.

Conveyancing in Setia Alam and Shah Alam

Our Setia Alam office handles the firm’s conveyancing, acting for buyers, sellers and financiers in Setia Alam, Shah Alam and the wider Klang Valley.

Sub-sale purchases and sales of houses, condominiums, shop lots and land, from the sale and purchase agreement through to completion.
Purchases from developers, including review of the developer’s sale and purchase agreement before you sign.
Loan and financing documents for purchasers and financiers, including refinancing.
Transfers, charges and discharges, including the memorandum of transfer and the perfection of charges.

How much does conveyancing cost in Malaysia?

The cost of a property purchase is made up of three parts: the legal fees for the sale and purchase agreement, the legal fees for the loan documents if you are borrowing, and stamp duty. Disbursements such as search and registration fees are charged separately.

Legal fees for the sale and purchase agreement and the loan agreement

Legal fees for sale and purchase agreements and loan agreements are fixed by the Solicitors’ Remuneration Order, which sets a scale based on the purchase price or the loan amount. Under the current scale, introduced in 2023:

1.25% on the first RM500,000;
1% on the next RM7,000,000; and
a negotiable fee, not exceeding 1%, on any amount above RM7,500,000,

subject to a minimum fee of RM500. Service tax is chargeable on the legal fees.

Stamp duty on the memorandum of transfer

Stamp duty on the transfer is calculated on the higher of the purchase price and the market value of the property:

1% on the first RM100,000;
2% on the next RM400,000;
3% on the next RM500,000; and
4% on any amount above RM1,000,000.

Stamp duty on a loan agreement is generally 0.5% of the loan amount. Exemptions and different rates apply in some cases, such as for qualifying first-time home buyers and for purchasers who are not Malaysian citizens, so the figures should be confirmed for your transaction.

Example

For a purchase at RM600,000, the legal fee for the sale and purchase agreement under the scale is RM7,250 (1.25% of RM500,000 plus 1% of RM100,000), before service tax and disbursements. Stamp duty on the memorandum of transfer is RM12,000 (RM1,000 + RM8,000 + RM3,000), assuming no exemption applies.

What we advise on

Acquisitions and disposals of industrial, commercial and residential property, whether by direct transfer of title or by acquiring the company that holds the asset.
Sale and purchase agreements — negotiation, drafting and completion, including conditional agreements and transactions requiring state authority or foreign investment approvals.
Leases, tenancies and management agreements, including agreements for premises let to corporate and multinational tenants.
Deeds of assignment and security documents, including charges under the National Land Code and the perfection of transfers and charges.
Property due diligence — title, encumbrances, planning and category of land use, restrictions in interest, and the tenancy position, whether as part of a property acquisition or a wider corporate due diligence exercise.
Stamp duty on transfers and securities, including applications for relief.

Property inside a corporate transaction

Many of the property transactions we handle are structured as share acquisitions rather than transfers of title — the buyer takes the company that owns the asset. That structure raises questions a conveyancing practice alone does not answer: what the buyer inherits along with the asset, how warranties and indemnities should be framed, whether stamp duty relief is available, and what consents the change of control triggers. Because we practise corporate finance and M&A alongside real estate, we advise on both halves of the transaction.

Selected experience

En-bloc purchase of serviced suites. Advised on the en-bloc purchase of 49 units of serviced suites from a subsidiary of a company listed on the Main Market of Bursa Malaysia Securities Berhad, for a consideration of approximately RM49 million.
Disposal of land by a listed company. Advised on the sale of five parcels of land owned by a company listed on the Main Market of Bursa Malaysia Securities Berhad, for a consideration of approximately RM44 million.
Acquisition of an office tower. Advised on the acquisition by a company listed on the Main Market of Bursa Malaysia Securities Berhad of an office tower in Petaling Jaya valued at approximately RM85 million, through the acquisition of a 60% equity interest in the investment holding company.

Common questions

Should the property be bought directly or by acquiring the company that owns it?

It depends on the stamp duty position, what liabilities sit in the company, whether consents or approvals attach to a transfer of title, and how quickly the parties need to complete. A share acquisition avoids a transfer of title but brings the target’s history with it, which is why due diligence matters more in that structure.

What does property due diligence cover?

Title and ownership, encumbrances and caveats, the category of land use and any express conditions or restrictions in interest, planning and building approvals, the tenancy schedule and the terms of occupation, outstanding assessments and quit rent, and any statutory notices affecting the land.

Do foreign buyers face restrictions?

Yes. Acquisitions of property by foreign interests are subject to state consent and to minimum price thresholds that differ between states, and certain categories of land are restricted. The position should be confirmed for the specific state and category of land before the parties commit.

How long does a sub-sale purchase take to complete?

Most sub-sale agreements provide for completion within three months of the agreement, or of the date it becomes unconditional, with a further extension of one month on payment of late interest. Where state consent is needed, for example for leasehold land with a restriction in interest, the period usually runs from the date that consent is obtained.

Can the same lawyer act on the sale and purchase agreement and the loan?

Often, yes. The loan documents must usually be prepared by a firm on the bank’s panel, and many purchasers appoint the same firm for both to keep the transaction coordinated.