Property and conveyancing — sale and purchase agreement
PEK & Co. · Services

Property & Conveyancing

Clear legal support for buying, selling and transferring property in Malaysia.

为房产买卖、转让及相关文件流程,提供清楚、务实和谨慎的法律协助。

Who We Assist

We Work With

Property matters involve different parties at different stages. We assist each of them with clear, practical legal support.

Buyers

Understand the SPA, loan timeline and completion process before proceeding.

Sellers

Handle sale documents, discharge matters and completion steps clearly.

Families

For family transfers, estate-related transfers or love and affection arrangements.

Property Agents

For transaction coordination and document follow-up where suitable.

SMEs / Business Owners

For commercial property purchase, sale, transfer or documentation matters.

Common Matters

Property Matters We Handle

Each property matter is different. Below are common types of work we assist with. If you are unsure which applies to your situation, feel free to contact us first.

01

Sale and Purchase Agreement

Preparation, review and signing coordination for residential and commercial property transactions.

02

Review of Offer to Purchase / Booking Form

Review of pre-contractual documents before any commitment is made, so you understand what you are agreeing to.

03

Transfer of Property

Assisting with property transfers between individuals, within families, or as part of an estate arrangement.

04

Deed of Assignment

Preparation and review of deed of assignment for properties under master title or without individual title yet issued.

05

Perfection of Transfer / Perfection of Charge

Handling the registration of transfer and charge on the individual or strata title once issued by the land office.

06

Consent Matters

This may include state authority consent, developer consent, low-cost consent or foreigner consent where applicable.

07

Loan Documentation Coordination

Coordination with financiers on loan documentation, discharge of charge and related bank requirements.

08

Property-Related Legal Documents

Other property-related documentation and legal matters not specifically listed above. Contact us to discuss your situation.

Our Approach

How We Work on Property Matters

Buying, selling or transferring property should be handled clearly, carefully and practically. These are the principles we work by.

01

We Explain Before You Sign

We walk through what each document means before asking you to sign. Legal decisions should be informed decisions.

02

We Look at Practical Risks

We consider payment timelines, consent requirements, title status and the practical obligations involved — not just the paperwork.

03

We Coordinate the Process

Property transactions often involve multiple parties. We assist in coordinating with the buyer, seller, bank, land office, developer, other lawyers and relevant parties where applicable.

04

We Keep the Process Clear

We keep clients informed of what stage their matter is at, what is needed next, and what to expect going forward.

The Process

How a Property Matter Typically Proceeds

Each transaction is different, but this gives you a general sense of what the process looks like from start to finish.

1

Initial Information

You share the basic details of your property matter with us.

2

Quotation & Scope

We confirm the likely scope of work and provide a fee quotation where possible.

3

Document Review / Drafting

We review or prepare the relevant legal documents for your matter.

4

Signing & Stamping

Documents are signed by the relevant parties and submitted for stamping or further processing where applicable.

5

Completion / Registration

Completion steps are carried out according to the transaction structure, which may include payment coordination, presentation for registration, assignment completion or other required follow-up.

6

File Closing

Once the transaction is completed, we close the file and return relevant documents to you.

Timeline and steps may vary depending on the type of transaction, title status, consent requirements and other factors specific to your matter. Further verification of land office requirements may be needed.

Documents to Prepare

Documents You May Need to Have Ready

The documents required depend on the type of transaction. Below is a general guide. We will confirm exactly what is needed once we understand your matter.

You do not need to have all documents ready before contacting us. If you are unsure, you may first send the property address and the documents currently available to you.

Copy of IC / Company Documents

Identity card(s) of individual parties, or SSM documents for corporate sellers or buyers.

Existing SPA

If there is an existing sale and purchase agreement, please have a copy ready for our review.

Land Title / Strata Title (if available)

Individual or strata title, if one has already been issued for the property.

Quit Rent and Assessment Receipt

Recent cukai tanah and cukai pintu receipts to confirm payments are up to date.

IWK / Utility Information (where relevant)

IWK and utility accounts, particularly for properties in Peninsular Malaysia.

Loan Offer Letter (if any)

If the buyer is obtaining a bank loan, the loan offer letter helps us coordinate with the financier.

Booking Form / Offer to Purchase

If a booking form has already been signed, please provide a copy for our review.

Developer or Management Details (where relevant)

For stratified or developer properties, contact details and relevant developer or management documents.

Before You Proceed

Practical Points Worth Checking

These are questions worth thinking through before or during a property transaction. They can affect the process, timeline and cost involved.

Is the property still charged to a bank? If so, redemption and discharge of charge may need to be coordinated as part of the transaction.

Has individual or strata title been issued? If not, the transaction will proceed differently compared to a titled property.

Is state authority or developer consent required for this transfer? Consent applications can affect the timeline.

Is the property currently tenanted? If so, the tenancy status and vacant possession obligations should be confirmed.

Are both parties clear on the payment timeline, deposit amounts and completion period? This should be agreed before signing.

These points are general in nature. The right legal steps depend on the documents and facts of your specific property matter. Please contact us to discuss your situation before proceeding.

FAQ

Frequently Asked Questions

Below are common questions clients ask about property transactions, transfers and related conveyancing matters. These answers are general in nature and may differ depending on your documents, title status, financing and transaction structure.

It is generally advisable to seek legal advice before signing any property-related document, including an offer to purchase or booking form. Once signed, you may be committed to important terms such as purchase price, deposit, timeline, vacant possession and special conditions. A lawyer can help you understand what you are agreeing to before any commitment is made.

You may first send the property address, title or previous SPA if available, booking form or offer to purchase, IC or company details, loan status, and a short explanation of whether you are buying, selling or transferring the property. If you are unsure, send us what you have and we will guide you on what else is needed.

A transfer usually applies when individual or strata title has been issued and the property can be registered at the land office. An assignment is commonly used when individual or strata title has not yet been issued, and the seller assigns their interest in the property to the buyer. The correct document depends on the property status and supporting documents.

If individual or strata title has not been issued, the transaction may involve a deed of assignment instead of a normal land office transfer. Developer confirmation, master title status, bank requirements and previous documents may need to be reviewed. The process and timeline may differ from titled property transactions.

It depends on the property title, restriction in interest, property type, state authority requirements, developer requirements and the parties involved. Some transfers require state authority consent, developer consent, low-cost consent or foreigner consent. We will check the relevant documents and advise accordingly.

If the property is still charged to a bank, the existing loan usually needs to be redeemed and the charge discharged as part of the transaction. This may involve coordination with the seller's bank, buyer's financier and the relevant lawyers. The exact process depends on the loan status and transaction structure.

The timeline depends on the type of property, title status, loan approval, consent requirement, bank discharge, and the parties involved. A straightforward titled property transaction may take a few months, while matters involving consent, assignment, developer confirmation or financing issues may take longer. We will give a clearer timeline after reviewing the documents.

Loan delay or completion delay should be addressed carefully because it may affect the parties' rights and obligations under the SPA. The next step depends on the agreement terms, reason for delay, whether extension is allowed and whether late payment interest applies. It is best to seek advice early before the deadline is missed.

A tenanted property can generally be sold, but the tenancy status must be clearly handled. The parties should confirm whether the buyer will take over the tenancy or whether vacant possession is required. The sale and purchase agreement should deal with the tenancy clearly to avoid misunderstanding later.

Yes, we can assist with family property transfers, including transfers between spouses, parents and children, siblings or other family members where suitable. Important points include relationship, consent requirement, loan status, stamp duty, tax considerations and whether the transfer is part of a wider family or estate arrangement.

Yes, we may act for either the buyer or the seller, subject to conflict checks and professional conduct requirements. As a general rule, the same law firm should not act for both parties in the same transaction where their interests may conflict. We will confirm this after understanding the transaction.

Besides legal fees, a property transaction may involve stamp duty, registration fees, search fees, consent application fees, bank-related charges, valuation fees, quit rent, assessment, IWK or other apportionments depending on the matter. We will explain the likely cost items based on your transaction.

Yes. You do not need to have signed anything before making an enquiry. If you are still viewing property or comparing options, early legal input may help you understand matters such as title status, whether consent may be required, how booking fee or earnest deposit arrangements typically work, and how the SPA signing and completion process generally proceeds. Specific advice will still depend on the actual property and transaction documents.

Yes. Before accepting an offer, you may wish to confirm matters such as your property documents and title status, whether there is an existing bank loan, tenancy arrangements, whether consent may be required, expected vacant possession timing, and how price and deposit should be handled. Clarifying these points early may make it easier to set out clear terms when an offer or SPA is prepared later.

Before signing a booking form or paying a booking fee, it is advisable to understand the nature of the payment, whether it is refundable and in what circumstances, how loan non-approval is handled, the timeline for signing the SPA, the agreed purchase price, vacant possession arrangement and any other special conditions. How these terms are worded in the document may affect both parties' rights and the subsequent transaction.

Yes. You may provide the draft offer, booking form, property details, agreed price and deposit arrangement, loan conditions and expected completion timeline. A lawyer can help you understand the key terms and any points that may need to be clarified before you sign or make payment.

Not necessarily. However, the scope for adjustment will depend on what has already been signed, the deposit arrangement, the parties' commitments and how far the transaction has progressed. If you have already signed, it is advisable to have a lawyer review the documents as soon as possible to understand the current terms and what to be aware of going forward.

Yes, depending on what the parties have agreed. Common examples include subject to loan approval, confirmed vacant possession by a certain date, existing tenancy arrangement, repair obligations, furniture and fittings, and completion timeline. Any special condition should be worded clearly in the document to avoid different interpretations later.

Usually no. If the property is still registered under the deceased person's name, the estate generally needs to go through the appropriate application — such as Grant of Probate or Letters of Administration — and the relevant property transmission or transfer steps. The specific process depends on whether there is a will, the property documents and the family members involved.

Get in Touch

Need Help With a Property Matter?

Whether you are buying, selling, transferring property or are unsure which step to take next, you are welcome to reach out to us first.

如果你正在买房、卖房、转让产业,或不确定文件流程,可以先联系我们。