Conveyancing
Masha Sylverster & Co provides conveyancing services for property transactions, advising clients on the legal aspects of buying, selling, and transferring property in Malaysia.
Our role is to ensure transactions are conducted properly, efficiently, and in accordance with applicable legal requirements.
Clear Legal Guidance for Property Transactions
Our conveyancing practice covers residential and commercial property transactions, including sale and purchase agreements, financing matters, and transfers of title.
We work closely with clients, financiers, and relevant parties to ensure transactions proceed smoothly from documentation to completion.
Conveyancing Matters We Advise On
Sale & Purchase Transactions
Legal advice and documentation for sale and purchase of residential and commercial properties.
Financing & Loan Documentation
Assistance with loan and financing documentation, including coordination with financial institutions.
Transfers & Ownership Matters
Advice on transfers of property ownership, including transmission and related applications.
Property Due Diligence
Review of title documents, encumbrances, and legal issues affecting property transactions.
Advisory & Completion Matters
Legal support throughout the conveyancing process, from execution of documents to completion and registration.
Careful, Timely, and Transparent Transactions
Property transactions require accuracy and attention to detail. We aim to identify issues early and guide clients through each step of the conveyancing process clearly.
Our advice is focused on ensuring compliance with legal requirements while facilitating timely completion of transactions.
Frequently Asked Questions — Property Conveyancing in Malaysia
Do I need a lawyer for a property transaction in Malaysia?
Yes. In Malaysia, a licensed legal practitioner is required to prepare, execute, and file key conveyancing documents including the sale and purchase agreement, loan documentation, and memorandum of transfer. A lawyer ensures the transaction complies with applicable law and protects your legal interests throughout the process.
How long does a property sale and purchase transaction take in Malaysia?
The standard completion period is typically 3 months from the date of the sale and purchase agreement. Transactions involving bank financing may take 3–4 months to allow for loan approval and documentation. The parties may agree to an extension if required, subject to any stamp duty implications.
What is a Memorandum of Transfer and when is it used?
A Memorandum of Transfer (MOT) is the legal instrument used to transfer ownership of property that holds an individual title (Geran). For properties not yet issued with individual title, a Deed of Assignment (DOA) is used instead. Both documents are presented to the relevant land authority for registration to vest legal ownership in the buyer.
What due diligence should be done before buying property in Malaysia?
Key checks include verifying the title type and searching for registered encumbrances or restrictions, confirming outstanding quit rent and assessment charges, reviewing the terms of the sale and purchase agreement carefully, and confirming the vendor's identity and authority to sell. A thorough title search at the land office is essential.
What happens if the seller fails to complete a property transaction?
If the seller fails to complete without lawful excuse, the buyer may pursue specific performance (a court order compelling completion) or rescind the contract and recover the deposit paid, plus damages. Legal advice should be sought promptly to preserve your rights within the contractual timeframes set out in the SPA.