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Subsale & Home SPA Lawyer | Buying or Selling Property

Buying or selling a subsale home (not from a developer)? Our property lawyers handle the SPA, the loan, stamp duty and the title transfer — for both buyers and sellers.

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WHAT IS A SUBSALE TRANSACTION

A subsale is the sale and purchase of a property that is already built and already owned — not a purchase straight from the developer. For example, buying a terrace house, a condominium, or land from an existing owner. The transaction involves the Sale & Purchase Agreement (SPA), the transfer of the title, and usually a bank loan — and every step carries legal and tax consequences for both parties.

ARE YOU BUYING OR SELLING?

I'm the Buyer

We make sure you buy safely — title and land search, SPA review, loan handling, stamp duty, and registering your name at the land office.

You're the Seller

We handle the SPA, the redemption and discharge of your existing charge, file your RPGT (Real Property Gains Tax also known as CKHT), and make sure the full price is received safely before you hand over.

THE SUBSALE PROCESS — Step by Step

  • Offer & deposit (OTP) — the buyer makes an Offer to Purchase and pays an earnest deposit (typically 2%–3% of the price)
  • Appoint your lawyer — the lawyer runs the title and land search, and reviews/prepares the SPA
  • Sign the SPA — the buyer tops the deposit up to 10%; the SPA is stamped
  • Loan & documentation — the bank appoints a lawyer for the loan documents (often this can be the same lawyer)
  • Stamp duty & tax — MOT (Form 14A) and loan stamp duty; first-time-buyer exemption applied if you qualify
  • Conditions precedent (if any) — State Authority consent (leasehold/bumi lot), developer consent, or perfection of transfer if the title is not yet in the seller's name
  • Pay the balance of the purchase price — coordinated by the lawyer, usually within 3 months (extendable under the SPA)
  • CKHT, registration & handover — CKHT forms filed within 60 days; the MOT is registered at the land office; the buyer receives the keys and vacant possession

WHY YOU NEED A LAWYER

If You're the Buyer

  • Title & land search — we confirm there is no caveat, hidden charge, restriction in interest, or ownership problem before you are committed
  • SPA review & drafting — protecting your deposit and your rights: vacant-possession terms, the completion period, and the penalties if the seller defaults
  • Loan & stamp duty — including applying for the first-time-buyer stamp duty exemption if you qualify
  • Registering ownership — we register your name at the land office via the MOT, so your ownership is valid and protected
  • CKHT obligation — under RPGT, the buyer's lawyer retains 3% of the price and remits it to LHDN on the seller's behalf

If You're the Seller

  • SPA preparation — usually prepared by the seller's lawyer; we make sure the terms protect you and payment is secured
  • Redemption & discharge of charge — we coordinate with your bank for the redemption statement and discharge the existing charge
  • CKHT & real property gains tax (RPGT) — we file CKHT 1A, compute the tax, and claim any exemption (once-in-a-lifetime, or the 0% rate after 6 years) if you qualify
  • Safe payment — we make sure the full price is received before you hand over possession and keys
  • Arrears cleared — quit rent and assessment arrears are settled so the transfer is not held up

COST OF A SUBSALE PROPERTY TRANSACTION

In a subsale, the costs may be shared between buyer and seller depending on the agreement and arrangement between the parties. The legal fee is regulated under the SRO 2023 — there is a maximum the lawyer cannot exceed, so you will not pay above the scale.

Legal Fees (the lawyer's cost)

For a loan-financed purchase there are two separate legal fees, both on the SRO 2023 scale:

  1. SPA & transfer (MOT) fee — calculated on the purchase price. Example: a RM500,000 home → 1.25% = RM6,250.
  2. Loan documentation fee — calculated on the loan amount (if you're financing). Example: a RM450,000 loan → 1.25% = RM5,625.

The scale: 1.25% on the first RM500,000 (minimum RM500), then 1% up to RM7.5 million, plus 8% SST. The buyer usually bears both fees.

 

Buyer-side Costs

  • Legal fees — SPA & transfer, plus the loan documentation fee
  • MOT stamp duty — 1%–4% by price (non-citizens: a higher flat rate, up to 8%, from 1 January 2026)
  • Loan stamp duty — 0.5% of the loan amount
  • First-time-buyer exemption — 100% exemption on MOT and loan stamp duty for a residential property up to RM500,000, for SPAs signed 1 January 2026 – 31 December 2027 (Malaysian citizen, first home)
  • Other — title search, registration, consent applications, postage and disbursements

Seller-side Costs

  • Real property gains tax (CKHT/RPGT) if there is a gain — 30% (sold within the first 3 years), 20% (year 4), 15% (year 5), and 0% from year 6 for citizens. A once-in-a-lifetime exemption may apply. The buyer's lawyer retains 3% of the price and remits it to LHDN
  • Redemption & discharge of the existing loan — the redemption sum to the bank, plus the seller's own legal fee for the discharge of charge
  • Arrears — quit rent, assessment, and strata maintenance charges (if any)
  • Agent's commission (if you have appointed an agent)

Seimbas lalu rekod kami

2014
Operating since
2000+
matters handled
+RM2bil
in legal transactions managed

About ASCOLAW

ASCOLAW — officially Akmal Saufi & Co — is a Malaysian law firm practising across a broad range of legal areas. With a team of more than 30 lawyers and executives, and over a decade in practice, we have helped many families, entrepreneurs, institutions and public authorities achieve their goals.

Our Team

Meet the team that will handle your matter.

6-1

Lawyer Khalis

1-1

Lawyer Hafiz

5-1

Lawyer Siti Sarah

4-1

Lawyer Kritigeswari

3-1

Lawyer Qas

2-1

Lawyer Ashifa

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Ready to start your subsale transaction?

Frequently Asked Question (FAQ)

Do the buyer and seller need separate lawyers?

Usually yes — the seller's lawyer prepares the SPA and handles the discharge of charge, while the buyer's lawyer runs the searches, loan handling and title registration. Sharing one lawyer between both sides is risky if either party is left without their own representation.

How much are the legal fees to buy a property?

Fees follow the SRO 2023 scale — 1.25% on the first RM500,000, then 1%. For example, a RM500,000 property: about RM6,250. Tell us your transaction price and we'll give you an exact quote.

How much deposit do I pay the seller?

Typically 2%–3% as an earnest deposit at the Offer to Purchase stage, topped up to 10% when signing the SPA. The remaining 90% is paid at completion.

How long does a subsale transaction take?

The standard completion period is around 3 months from the SPA date, with a possible extension. Leasehold land, or transactions needing State or developer consent, can take longer.

I'm a first-time buyer — is there a stamp duty exemption?

Yes. For a first residential property up to RM500,000, there's a 100% exemption on MOT and loan stamp duty for SPAs signed between 1 January 2026 and 31 December 2027 (Malaysian citizens). Let us know and we'll handle the exemption application.

I'm the seller — do I pay real property gains tax (RPGT)?

It depends how long you've owned the property. For citizens the rate runs from 30% (first 3 years) down to 0% after 6 years. You may also qualify for the once-in-a-lifetime exemption on one private residence. We check the current rules and compute it for you.

The property is leasehold or a bumi lot — is consent needed?

Yes. These transfers usually require State Authority consent. We handle that application as part of the process.

The title is still in the developer's name — can the seller still sell?

The title usually has to be perfected into the seller's name first (perfection of transfer) once the individual/strata title has issued — or, in certain cases, transferred directly to the buyer. This depends on the developer and the State Land Office circulars. We advise the right approach for your case.

Can I use the same lawyer for the SPA and the loan (as a buyer)?

Yes — it saves time and cost. We can handle both your purchase and loan documentation.

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All rights reserved. © ASCOLAW is a legal service by Messrs Akmal Saufi & Co (Registration No. 00020004166). 2014-2026
Regulated by the Malaysian Bar Council under the Legal Profession Act 1976.