The Firm has vast experience in handling sale and purchase transactions and rental of varieties of property in Malaysia. Whilst most property purchase directly from developers are handled by developer’s designated panel of lawyers, it is advisable for purchaser to seek separate legal advice on the form of agreement adopted by the developer to understand its implications, whether or not such project is residential in nature or otherwise.
Where residential property is purchased directly from developer, standard form of sale and purchase agreement under the Housing Development (Control and Licensing) Act 1966 will apply. Other type of property will be depending on the prescribed format of agreement adopted by the developer. Always remember that where developer purportedly absorbs legal costs, it would mean the lawyer is acting for the developer and not the purchaser.
For property sale or purchase from secondary market, a law firm can only act for one party – either the vendor or the purchaser and when one (especially the vendor) is being told to use the same lawyer as the purchaser, do take note that means the vendor is not legally represented by the lawyer appointed by the purchaser who merely assists vendor to handle matters administratively.
The position is similar for rental arrangement where tenant and landlord are advised to get own lawyer to represent them during the negotiation and preparation of tenancy or lease agreement. Always remember that getting separate legal representation is one’s fundamental right to safeguard own interest and paying a little fee may go a long way to protect you.