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AKMAL SAUFI & CO | Advocates & Solicitors

Property Lawyer

Akmal Saufi Mohamed Khaled

By

AKMAL SAUFI MOHAMED KHALED

Last updated

27 Apr 2021

A property lawyer is a conveyancing lawyer that assists people to do a property conveyance. In this article, we will dive deep and discuss on matters related to property lawyers and how they assist with your property transaction. In specific here are the things that we are going to discuss:-


1. What is a conveyance

2. Who is a property lawyer

3. Other names for a property lawyer

4. Who needs a convenyancing lawyer

5. What will a conveyancing lawyer do

6. What matters can a conveyancing lawyer assist

7. Where can I find a conveyancing lawyer

8. How do I know if my conveyancing lawyer is licensed and legal

9. Check your conveyancing lawyer professional insurance coverage

10. Property lawyer fee

11. When should you appoint a conveyancing lawyer

12. Professional practice to appoint a conveyancing lawyer


1. What is a conveyance


The definition of conveyance is that it is a branch of legal practice that deals with the transfer of legal of a property or real estate asset . In addition, it is also in relation of granting or the creation of encumbrances over a land title such as a charge or mortgage.


2. Who is a property lawyer


A property lawyer is a person who assists a party in a property transfer transaction between a buyer and a seller by complying to the land law procedures to affect conveyance and ensure that the property is registered under the name of the buyer from the seller.

A conveyancing lawyer or a property lawyer also prepares the necessary agreements and documents to safeguard the interest of the parties are involved in the conveyancing transaction.


Furthermore, a conveyancing lawyer’s work involves to prepare and manage security documents for housing loans that is used and required by the banks.


A conveyancing lawyer will also get involved in preparation of leases or rent documentation between the landlord and the tenant.


3. Other names for a property lawyer


Aside from a property lawyer, a solicitor that is involved with property transactions are also known as a conveyancing lawyer, conveyancer, or a property solicitor. They bear the same responsibility within the real estate practice area.


4. Who needs a convenyancing lawyer


You are required to have a conveyancing lawyer whenever you need a sale and purchase agreement to be prepared for your property transaction. Though it is enticing to just download a pdf template from the internet big chances you won’t understand the terms and how it works in the real life. A property lawyer would be able to guide, prepare and explain at every steps of the way. Not only that, since a property transaction process has such a complex legal procedure you want to ensure that the law is adhered to. You also wouldn’t want to fall prey to frauds.


Appointing a property lawyer also ensures that any of your property transaction is covered by a professional insurance that has been subscribed by the lawyer.


5. What will a property lawyer do


As discussed in the previous article, a conveyancing lawyer is to assist anyone in buying a property. In Malaysia’s perspective, this is the preparation of the Sale and Purchase Agreement and loan documentation. Transfer of real property can be divided into categories, namely:-


  1. Inter vivos transfer (transfer of property upon death)

  2. Transfer through a sale and purchase agreement: - (a)Under the Housing Development Act which occurs due to sale from a developer to a purchaser. (b) For sale between an existing property owner and a purchaser. This is commonly known as a ‘Subsale.

  3. Transfer by way of auction. This usually occurs due to the current property owner defaults in its financing arrangement with the bank and as a result the bank auctions property owner’s property to cover the debt due.

6. What matters can a conveyancing lawyer assist


You may also refer to our other articles for situations/transaction matters that require a lawyer.


7. Where can I find a conveyancing lawyer


You can simply search a conveyancing lawyer from the Bar Council solicitor list online, or by recommendations from your family or friends or even from your bank. It is of utmost importance for you to find a lawyer that has a valid current year license. Not only your property conveyance transaction will go smoothly and efficient, you will also be covered by the professional insurance coverage subscribed by the solicitor and its firm.


8. How do I know if my conveyancing lawyer is licensed and legal


It is important to know if your conveyancing lawyer is licensed and legal in order to ensure that every transaction will not encounter a snag. A lawyer is a person that has complied all the necessary requirement required by the Legal Professional Act 1976 to become a practicing lawyer. 


There are two ways to know whether your conveyancing lawyer is licensed and legal under the law:-


  1. Check the Malaysian Bar Council’s website, where you may insert the name of the said lawyer at the search bar, and the result will pop out to ensure if the lawyer/law firm is registered with the Bar Council. The Bar Council regulates the legal profession in Malaysia.

  2. Ask for the lawyer’s sijil annual. Sijil annual is a proof in the form of a document to show that the lawyer is an authorised person as under the Legal Profession Act and can perform the duty of an advocate and solicitor.


9. Check your conveyancing lawyer professional insurance coverage


Professional Insurance Coverage or Professional Indemnity Insurance (PII) is served to protect the professional, which in this case the lawyer as well as the client and it is compulsory under Section 78A of the Legal Profession Act 1976.


Based on the Malaysian Bar PII Scheme, PII protects its Members against civil liability for claims arising out of the legal practice for work performed by lawyers in Malaysia which include damages payable to claimants including claimant’s costs and defence costs.


What this means is if there is a claim that is claimable by you, you will be able to obtain your compensation via the Professional Insurance Coverage.


10. Property lawyer fee


Propery lawyer fee or conveyancing fee is actually depends on the value of the property that you wish to purchase. Hence, it varies. A conveyancing legal fee with regards to the solicitor fee however is based on the scale which has been sets out in law under the Solicitors’ Remuneration Order (SRO) in the Legal Profession Act 1976. What this means is a conveyancing lawyer may only charge legal fee as accordance to the rate stated determined in law.


11. Professional practice to appoint a conveyancing lawyer


It is not hard to appoint a lawyer. Once you made up your mind to approach the few lawyers that has responded to your query, you may start to ask for a quotation from the property lawyer or the law firm. The purpose of the quotation here is to ensure that you know how much money that you have to pay for the legal work fees as well as the disbursements which includes payment to the relevant authority to your property transaction.


Once you are agreeable to the quotation, you will need to act the lawyer to issue a warrant to act document to properly appoint the lawyer of your choice. 


This ensures that the lawyer now will exclusive act on your behalf and represent the matter with your interest in mind. Without the warrant to act, you can’t blame the solicitor if he does not commence anything.


Also bear in mind at times you may be required to deposit a certain sum of money to start of the work.

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Notice

The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.

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AKMAL SAUFI & CO (ASCO LAW) is a legal firm licensed under the Legal Profession Act 1976 and a member of the Malaysian Bar Council.