The lawyer will investigate the information of the land but you can also search the relevant information on the land from the land office via property search.

In general, the buyer and seller entrust the lawyer to deal with the sale and purchase agreement and formalities.

The lawyer will investigate the information of the land but you can also search the relevant information on the land from the land office via property search.

The fees usually are within the range of RM30 to RM50, depending on the price set by the land office. From the search results, we can find all the information of the land including the land category, name, restriction of interest, ownership record and whether it is freehold, leasehold and so on.

When you buy a property with the strata title, it is advisable to search together for the landlord lease

Sometimes the transfer procedures do not need the approval of the state government and land bureau.

However, there are strata titles that need approval from relevant departments before the transfer procedures can take place.

Freehold properties usually do not require the approval, whereas the leasehold land needs approval.

Lands that need state approval before transfer procedures can take place

This also includes the possibility of determining whether the land belongs to a Malay or if it is on Bumiputra reserve land. A search with the land office will provide all these details.

The terms of the contract and procedures may also be subjected to change due to land provision and various restrictions.

If the trader is involved with an individual or strata title issued by the land bureau that shows that it has been transferred to the seller name.

However, if the consent is from the developer, the developer can directly sign the transfer documents to the buyer (Grant Direct Transfer).

The terms and conditions of the contract will change if there is a need for approval from the state government or the state land bureau.

Thus, it is important to search for the land information (* Note 1) and it will allow the lawyers to develop the first draft of the sales and purchase agreement.

Loan financing facilities are also different, and even affect the license plate tax, land tax, utilities and so on.

Consumers cannot apply for the provident fund as the cost of housing purchase.

Some developers will apply to generalise the relevant property to the usage of residential.

Therefore, consumers need to consider these factors as the first element to buy their property.

Searching for land information also allows you to find out if the land has any caveat (Private Caveat / Lien Caveat) on it.

If you are unable to confirm a freeze made by anyone or for whatever reason, you should further do a search at the land bureau. (*Note 2)

* Note 1: To search for land information, it is necessary to determine which region the land belongs to. Different types of land titles and areas will be governed by different land bureaus.

* Note 2: We will discuss the documents and fees involved in the transfer process, including the freeze order and so on in the next article in the series.

Note: The above content should only be used as a reference. It does not undertake legal liabilities. If you have specific questions about legal services, contact your lawyer directly.

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