Guide to Appointing a Property Lawyer and the Cost of Fees for House and Land Purchase Transactions in 2025
- agmohdsabiq
- Sep 17
- 14 min read
Updated: 4 days ago
To ensure that property-related procedures or transactions run smoothly, it is advisable to appoint a property lawyer to assist you with all matters related to your property legal issues, from A to Z.
A property lawyer helps and facilitates the following matters:
Handling the Sale and Purchase Agreement for a house or land (SPA or S&P)
Managing bank or LPPSA financing/loan arrangements
Handling the transfer of title deeds for a house or land
Managing inheritance property matters
Handling mortgage release after settling bank or LPPSA debts
Managing the acquisition of strata titles and completion of title transfers
Preparing legal documents in accordance with the National Land Code, relevant Acts, and State Enactments
This article is prepared as a complete guide for appointing a property lawyer. Additionally, we will also discuss the costs involved with hiring a property lawyer in 2025.
Ensure Your Property Lawyer Is Legally Certified and Still Active
Appoint a Property Lawyer Early to Avoid Being Scammed by Real Estate Agents or Home Sellers
Property Lawyer for the Sale and Purchase Agreement of a House or Land (SPA or S&P)
Property Lawyer for Transferring House or Land Title at the Land Office
List of Lawyer Fees, Charges, and Rates for Property Lawyers
Ensure Your Property Lawyer Is Legally Certified and Still Active
It is important to appoint a lawyer directly, without involving any middlemen, to ensure the lawyer represents you as their client, not the intermediary.
A property lawyer is an individual licensed to perform legal duties under the Legal Profession Act. They are also governed by the Malaysian Bar Council.
You can verify if the property lawyer you intend to hire is legitimate by checking their credentials online here. On the website, you can search and view the lawyer's name, the firm they work for legally, and their contact information, confirming if they are licensed to practice.
You should also be aware that a lawyer's practicing certificate, or "Practicing Certificate," is not valid indefinitely and must be renewed annually.
This means that if the lawyer is unable to renew their practicing certificate, they are not permitted to carry out any transactions, provide services, or perform work as a lawyer.
Appoint a Property Lawyer Early to Avoid Being Scammed by Real Estate Agents or Home Sellers
A conveyancing lawyer or property lawyer plays a crucial role in assisting both parties in the transfer of property between buyer and seller.
Additionally, they ensure that you are not deceived by any party during the process of selling your property. Their legal expertise helps in reviewing contracts, verifying documents, and handling all legal procedures to ensure the transaction is transparent and legally binding. This protection minimizes the risk of fraud or mistakes throughout the property sale
A Lawyer Can Advise on Your Property Situation
Each transaction comes with different scenarios, as it depends on the physical condition of the property, the seller, the buyer, the land title, and the land laws and processes applicable in a particular state. Therefore, it is the responsibility of a skilled conveyancing lawyer to be well-versed in the specific transaction processes related to your property.
Their expertise ensures that you receive accurate legal advice tailored to your unique situation, covering any challenges or legal requirements involved.
A Lawyer Can Advise If There Is Fraud by a Real Estate Agent
As a buyer or seller, you need to be cautious, especially when dealing with interested parties like real estate agents, as they earn a commission as soon as you sign the agreement. Their commission does not account for the complexities involved in transferring ownership, especially if the property is of high value.
This is different from lawyers, who only receive their full fees once the transaction is fully completed without any issues. Therefore, your goals and the lawyer's goals are aligned—to ensure the transaction is successfully concluded. A lawyer can also alert you to any potential fraud or misconduct by agents, providing an additional layer of protection.
A Lawyer Can Advise on the Appropriate Transaction Method for Your Property
It’s important to note that without a property lawyer, the sale and purchase process can be delayed. You may also be surprised by the time it takes, as you may be unaware of the timelines involved in processes at the land office or when state authority approvals are required.
A property lawyer ensures that the transaction is handled smoothly and in accordance with legal requirements, helping to avoid unnecessary delays. They are familiar with the procedures and can guide you on the expected timeline, making the process more efficient and less stressful for you.
What Are the Duties of a Property Lawyer?
The role of a property lawyer encompasses far more than just preparing agreements and documents for real estate transactions. In fact, the scope of work in real estate is quite broad and extends beyond basic house sale and purchase agreements (SPA or S&P).
A real estate lawyer handles various aspects of property transactions, such as managing lost house or land titles, helping individuals obtain titles after fully repaying bank loans, completing the transfer of strata title properties from developers to buyers, and conducting property ownership verification. They also assist in securing individual titles from the land office. These tasks are critical in ensuring a smooth conveyancing process and protecting clients' legal rights over their properties.
In addition to handling purchases and sales, a conveyancing lawyer also deals with rental or lease agreements for land, houses, or commercial spaces. For such transactions, the lawyer drafts and prepares the necessary legal documents, such as tenancy agreements or lease agreements, to protect both the tenant and the landlord.
When it comes to securing financing for property purchases, a property attorney assists clients by managing the documentation required to obtain loans or financing from banks in Malaysia or from the Public Sector Housing Loan Board (LPPSA) if the borrower is a government employee. These attorneys play a crucial role in ensuring that the loan terms are legally sound and favorable for their clients.
A real estate lawyer also handles mortgage discharge processes, which occur once the debt has been fully repaid to the bank, ensuring that the bank no longer holds any claim over the property title. This is an essential part of securing full ownership rights for the client.
Moreover, estate planning often involves the expertise of a trust and will lawyer to safeguard property and assets for future generations. In cases where property inheritance or distribution is involved, the lawyer ensures that the trusts, wills, and other legal instruments are properly drafted and in accordance with the client's wishes.
Whether it’s a matter of preparing for the future through estate planning, or facilitating real estate transactions through conveyancing, the specialized knowledge of a property attorney is indispensable. These lawyers also work with a variety of stakeholders such as developers, banks, land offices, the Insolvency Department, Inland Revenue Board (LHDN), the Valuation and Property Services Department (JPPH), and Joint Management Bodies (JMB), making complex property transactions more efficient and secure.
Property Lawyer for Sale and Purchase Agreements (SPA or S&P)
The next topic relates to the sale and purchase agreement, commonly known as SPA or S&P.
If you, as a homeowner, wish to sell or buy a property, a property lawyer will assist you from the preparation of the sale and purchase agreement through to the completion of the property transfer to another individual.
There are several types of transactions involving SPA or S&P agreements, including:
Sale and Purchase Agreement for First-Time Buyers: For those purchasing a house for the first time.
Subsale or Second-Hand Property Sale and Purchase Agreement: This involves the purchase of a house that is not directly from the developer but from a previous owner.
Sale and Purchase Agreement Involving Bank Financing or Loans: Where the purchase is financed through a bank loan.
Sale and Purchase Agreement Involving LPPSA Financing: For public servants who finance their house purchase through the Public Sector Housing Loan Board (LPPSA).
When should you appoint a lawyer? Ideally, as soon as you intend to buy a house, you should engage a lawyer, whether the purchase is directly from the owner or through a real estate agent. At ASCO Law, you can receive preliminary advice regarding the steps involved and the costs associated with the transaction, helping you understand the process you'll need to go through.
A property lawyer is also involved in sub sale or second-hand house transactions. In these cases, the property lawyer will verify whether the seller is the true owner of the house to prevent the buyer from being scammed or paying unnecessary costs. Meanwhile, the seller's lawyer will ensure the payment process is properly handled before the property title is transferred to the buyer.
Involving a property lawyer from the outset ensures the sale or purchase is legally sound, and all aspects of the transaction are properly documented, giving peace of mind to both parties involved.
5. Property Lawyer for Name Transfer on House or Land Titles at the Land Office
The process of transferring the name on a house title or land title is mandatory and must be carried out at the land office if you intend to transfer ownership to another individual. The land office responsible for handling your property transaction will depend on the location and type of land title you hold.
If this is not done, the new owner's name cannot be registered on the title deed.
A property lawyer can also assist you in transferring the name on your house or land title at the relevant land office. The name transfer can be done as follows:
To a spouse (husband or wife);
To a child;
From grandparents;
To a third party;
Adding a name to the house or land title;
Inheritance (Faraid); and
For Bumiputera or Malay reserved land.
6. Property Lawyer for Lost Land or House Title Deeds
A land title deed is a crucial element in estate planning and property ownership. Without it, proving ownership of your land or house becomes problematic, which can hinder property transactions such as sales, inheritance transfers, and other legal matters.
When engaging in a property sale, one of the fundamental requirements is the ability to prove ownership of the property. Without the land or house title, no property transaction can proceed (except in cases involving strata properties, where the strata title has yet to be issued). A property lawyer or real estate lawyer plays a vital role in handling these title issues to ensure a smooth transfer of ownership.
If you have lost your land or house title deed, a property attorney can assist in applying for a replacement, which is necessary for proving ownership. The process to replace a lost title depends on whether the title has been lost, damaged, or destroyed. This can be complex, and consulting with a conveyancing lawyer will help you navigate the specific procedures involved in your state.
For instance, in Selangor, the process for replacing a lost title deed is available on the Selangor State Land and Mines Office website. However, the procedure differs from state to state. Regardless of location, a real estate lawyer can expedite the process by handling the documentation and dealing with government offices, saving you time and effort.
Moreover, addressing lost titles is also important in trust and will matters. If you are involved in estate planning, having all the proper documentation, including title deeds, is crucial to ensuring that your assets can be distributed according to your wishes. A trust and will lawyer can work alongside a property lawyer to secure these assets, making sure that the estate is well-prepared for future beneficiaries.
By involving a property attorney or real estate lawyer, you not only secure the legal aspects of recovering a lost title but also ensure that your estate planning is complete, safeguarding your property for future transactions or inheritance.
7. Property Lawyer for Bank Financing in Home Purchases
A property lawyer can also act as the bank's panel lawyer during the home financing process. While some buyers may purchase homes with cash, most Malaysians rely on loans to buy their dream homes.
The financing process, especially with banks, is complex. Lawyers ensure the property's legal status, prepare documents, register charges, manage loan agreements, and hold escrow funds until all terms in the sale and purchase agreement (SPA) are fulfilled.
The law firm can assist with loan documentation from banks such as:
8. Real Estate Lawyer for LPPSA Loan for Land or House Purchase
For those working in the government sector, there is an option to finance your property purchase using a loan provided by the Lembaga Pembiayaan Perumahan Sektor Awam (LPPSA). This financing is specifically designed to support civil servants in acquiring residential properties or land. It offers competitive interest rates and flexible repayment terms, making it a popular choice among government employees. The LPPSA scheme provides substantial financial aid, ensuring that civil servants can secure their dream property or land with ease.
Requirement to Appoint an LPPSA Panel Lawyer
To proceed with an LPPSA loan, you are required to appoint a lawyer to handle the documentation and legal aspects of the process. Not just any lawyer, but it must be a lawyer who is part of the LPPSA panel. LPPSA panel lawyers are specially trained in managing LPPSA documentation, agreements, and other procedures. They have undergone rigorous training to understand the specific requirements and legal documentation involved with LPPSA loans. Additionally, these lawyers have secure access to the LPPSA portal, which is an essential tool for drafting, submitting, and managing all required documentation for your loan agreement.
Choosing a Real Estate Lawyer from the LPPSA Panel
You have the liberty to select a lawyer from the LPPSA-approved list, which comprises experienced real estate lawyers or conveyancing attorneys. These lawyers, such as those from the ASCO Law firm, are knowledgeable in the legal intricacies of property financing and capable of handling all required LPPSA documentation seamlessly. When choosing a lawyer, it is crucial to consider their experience in property transactions and estate planning to ensure your loan process is executed smoothly.
Role of Real Estate Lawyers in the LPPSA Panel
Lawyers listed on the LPPSA panel are real estate attorneys or property lawyers who have been thoroughly vetted and accepted by LPPSA. These lawyers have undergone specialized training to acquire the necessary skills and knowledge to handle the unique documentation and procedures associated with LPPSA financing. This training ensures that they are well-equipped to deal with the complexities of government loan documentation and any challenges that might arise during the process.
Services Provided by LPPSA Panel Lawyers
Aside from managing the loan application and legal documentation, LPPSA panel lawyers also provide legal advisory services. They will guide you through the process, ensuring that all documents are properly prepared, valid, and legally enforceable. They play a crucial role in reviewing documents with you to clarify any doubts and to ensure that you, as the borrower, understand the implications and details of each document. This proactive approach minimizes any legal risks and helps in preventing issues later in the process.
Documents Required by LPPSA Panel Lawyers
To initiate and complete your LPPSA loan application, the panel lawyer will need several important documents from you. These documents serve to verify your eligibility and financial standing, and to satisfy the legal requirements of the loan application. The necessary documents, as outlined in the LPPSA “User Guide,” include the following:
Copy of Identification Card: This must be certified by the Head of Department to verify your employment status.
Original Salary Slip/e-Salary Statement or Letter of Confirmation for a Pensionable Position: This document is essential to establish your income and repayment capacity.
Cover Letter from the Head of Department: This letter acts as an official endorsement of your application.
Loan/Financing Application Form: This is the primary application document for the LPPSA loan.
Insurance/Takaful Selection Form: This form is necessary for choosing the required insurance or takaful coverage for the loan.
Form 2 - Consent to Settle Remaining Financing Balance: This form outlines your consent to settle any remaining financing balance, including interest or profit, from your salary.
Marriage Certificate or Birth Certificate Copy: This is required to verify your marital status or the presence of any dependents.
Form 7 - Consent to Charge Undivided Portion of Land/Parcel: This form indicates consent to mortgage the undivided portion of the land/parcel to LPPSA if you are not the sole owner.
Costs Covered by LPPSA Loan and Legal Fees of LPPSA Panel Lawyers
Only specific costs related to the implementation of LPPSA financing agreement documents are covered by the LPPSA loan. These include legal fees charged by the LPPSA panel lawyer for processing and preparing the loan documentation. These costs can be included in the LPPSA loan financing, relieving you of upfront expenses in this regard.
However, there are other costs that LPPSA does not cover, such as the preparation of the Sale and Purchase Agreement (SPA) and the costs associated with the transfer of ownership. For these expenses, you will need to arrange your own funds. The SPA is a crucial document that legally binds the sale of the property, and it is essential to have an experienced real estate or conveyancing lawyer handle it to avoid legal complications.
Other Costs Not Covered by LPPSA
In addition to the SPA costs, there are other expenses that are not covered by LPPSA, including:
Transfer of Ownership Costs (Memorandum of Transfer): This fee is charged for the official transfer of the property title.
Caveat Fees: If you wish to place a caveat on the property, there will be additional fees involved.
Stamp Duty: This is a government-imposed tax on the transfer of ownership.
Statutory Declaration: This involves the preparation of an official statement declaring the accuracy of certain facts related to the property transaction.
Engaging a qualified property lawyer or conveyancing lawyer to manage your LPPSA financing and property transaction ensures that all legal and documentation aspects are handled professionally, allowing you to focus on securing your new property with peace of mind.
9. List of Legal Fees, Charges, and Rates for Real Estate Lawyers
The fees, charges, and rates for real estate lawyers are governed under the Legal Profession Act 1976, specifically through the Solicitors Remuneration Order (SRO). Generally, all lawyer-related costs in property transactions are detailed in the SRO.
For services not explicitly listed in the SRO, real estate lawyers will provide clear information regarding the fees you are expected to pay for their services. You can get a breakdown of legal service fees and charges by contacting us directly or viewing the cost overview here.
Read the Article: A Comprehensive Calculation of Legal Fees and Other Costs for Property Transactions in 2023
Commonly Inquired Legal Fees
Here is a list of frequently asked legal fees for various property-related transactions:
Legal Fees for House Sale and Purchase Agreement (SPA or S&P): This fee covers the drafting, review, and execution of the Sale and Purchase Agreement between the buyer and seller of a property. It ensures the legality of the transaction and protects the rights of both parties.
Legal Fees for Property Title Name Transfer at the Land Office: This cost involves transferring the ownership of a property title to the new owner at the relevant land office. This step is crucial for the legal recognition of the new owner.
Legal Fees for Lost Property Title Management: If the original property title is lost, legal assistance is required to retrieve or reissue the title through proper channels, ensuring the rightful owner can reclaim their property documentation.
Legal Fees for Tenancy Agreement: These fees involve drafting and formalizing a tenancy agreement that defines the rights and responsibilities of both landlords and tenants, providing legal protection to both parties.
Legal Fees for LPPSA Loans or Bank Loans: This fee covers the preparation of necessary loan documentation for government or bank financing, ensuring all legal requirements are met for loan approval.
Legal Fees for Obtaining Strata Titles: If you are purchasing a property in a strata development, a lawyer will be needed to manage the application and issuance of strata titles, which legally define the ownership of individual units within the development.
Legal Fees for Completion of Transfer of Ownership: This fee covers the lawyer’s services in completing the final stages of property ownership transfer, ensuring that all documentation and regulatory requirements are fulfilled.
Legal Fees for Mortgage Release: If you have paid off your property loan and wish to release the mortgage, legal assistance is required to manage the release of the mortgage or lien from the property title.
Appointment of a Real Estate Lawyer
Before appointing a real estate lawyer, it is essential to obtain a quotation from the lawyer. Once you are satisfied with the quotation, you can then proceed to give instructions and authorize the lawyer to commence the transaction.
A well-organized law firm will ensure that the appointment process is documented in writing, making the terms of engagement clear before starting any work on behalf of the client. This formal documentation safeguards both the lawyer and the client, preventing misunderstandings and ensuring transparency throughout the legal process.
10. Conclusion
In conclusion, we have provided a comprehensive guide on appointing a real estate lawyer and estimated costs involved for those seeking in-depth knowledge on the role of a conveyancing lawyer in property sale and purchase transactions.
We hope this guide is beneficial to you, helping to ensure that your property transactions proceed smoothly and efficiently.
If you have any inquiries regarding this guide, please feel free to contact us at ASCO Law.
List of Real Estate Lawyers in Kuala Lumpur & Putrajaya
List of Real Estate Lawyers in Selangor
List of Real Estate Lawyers in Johor
By engaging professional and experienced property lawyers, you can confidently navigate the complexities of your property transactions with the guidance of experts well-versed in estate planning, conveyancing, and all real estate legal matters.
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