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Guide for Foreign Property Investor in Malaysia<br />
Your appointed lawyer will then send<br />
the stamped SPA together with the<br />
other required documents of the<br />
property to the Land O ce to apply for<br />
consent of transfer ownership. The land<br />
o ce’s consent average within 1 1/2 to 2<br />
months depending on the property’s<br />
pro le.<br />
After the Land O ce’s approval has<br />
been obtained, you will be given 90 days<br />
to pay up your di erential sum of 90%<br />
together with the stamp duty.<br />
The whole legal proceeding will take an<br />
average of 3-6 months to complete for<br />
foreigners.<br />
If your purchase is with bank facilities,<br />
you are required to pay your di erential<br />
sum before the bank release the loan<br />
amount. Both payments of your cash<br />
and bank loan made of total 90% have<br />
to be completed within 90 days after<br />
land o ce’s consent is obtained.<br />
Other standard clauses in the Purchase<br />
Agreement will also include all payments<br />
paid by the buyer will be refunded if<br />
land o ce consent is not obtained.<br />
Approval is solely at the discretion of the<br />
State Government (Land O ce).<br />
Cost of Purchasing Property<br />
Sale and Purchase Agreement Fees<br />
The Sales and Purchase Agreement<br />
(SPA) is the most important document<br />
that buyers will have. These are proof<br />
that the buyers have purchased a<br />
property, whereby the contract will<br />
contain all the facts and blueprint of the<br />
property. The charges for these follow a<br />
price tier.<br />
The First MYR 500, 000 – 1.0% of the<br />
transacted property price.<br />
Next MYR 500,000 – 0.80%<br />
Next MYR 2,000,000 – 0.70%<br />
Next MYR 2,000,000 – 0.60%<br />
Next MYR 2,500,000 – 0.50%<br />
Stamp Duty on Memorandum of<br />
Transfer (MOT)<br />
The MOT is only paid when the<br />
development is completed. These are<br />
the fees that the purchaser has to pay<br />
for transferring the property from the<br />
developer’s name into the owner’s<br />
name. The charges for these fees also<br />
follow a table:<br />
The First MYR 100,000 – 1% of the<br />
transacted property price.<br />
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