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11 Feb 17
Refinance Agreement?

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Stamp Duty | Quotation | Legal Fees Cost | Clients Account

Legal Fees Cost

Apart from the property selling price, there is a substantial amount of money should be allocated for legal fees and stamp duty for the preparation of Sale and Purchase Agreement and Security / Loan Document (if the Property is bought with banking facility).

Legal fees is payable to the appointed lawyer who will prepare the Sale & Purchase Agreement between Purchaser and Vendor and also and Security / Loan Document between the Purchaser and the Bank.

For the transfer instrument, Memorandum of Transfer or Deed of Assignment, the amount is payable to the government & collected by lawyer on behalf of the government.

The details on how to calculate Legal Fees & Stamp Duty are as follows:-

• Legal Fees

The Legal Fee Calculator for a standard Sale & Purchase Agreement is based on Solicitors’ Remuneration Order 2005. The scale fees are as follow;

Consideration or Adjudicated Value
Scale of Fees
For the first RM150,000 1.0% (subject to a minimum fee of RM300)
For the next RM850,000 0.7%
For the next RM2,000,000 0.6%
For the next RM2,000,000 0.5%
For the next RM2,500,000 0.4%
Where the consideration or adjudicated value is in excess of RM 7,500,000 Negotiable on the excess 
(but shall not exceed 0.4% of such excess)

* The scale fees are also applicable for the calculation for Security / Loan Document preparation based on the amount approved (including MTP/MRTT/MRTA, Valuation Fees, Legal Fees (if any)) by the Bank
* Apart from the abovesaid scale fees, there will another fee charged for any subsequent documents which will be prepared by the lawyer in line with the preparation of the sale and purchase agreement
* Professional Legal Fees to be included 6% of government tax.

  • Stamp Duty

In addition to Legal Fees, a buyer will also need to pay ad valorem stamp duty on:-

1) The instrument of transfer:-

Consideration or Adjudicated Value
Scale of Fees
First RM100,000 1%
Next RM400,000 2%
Thereafter 3%

For first time buyer of residential property, there are remissions of stamp duty as follows:-

  1. Below RM300,000.00 – 100% remittance
  2. RM300,001.00 – RM500,000.00 – a sum of RM5,000.00 will be deducted

2) The security/loan documents:-

Property
Scale of Fees
Loan Amount 0.50 %

For first time buyer of residential property, there are remissions of stamp duty as follows:-

  1. Below RM300,000.00 – 100% remittance
  2. RM300,001.00 – RM500,000.00 – a sum of RM1,500.00 will be deducted
  • Disbursement

There is also a disbursement charges which will be included in the legal fees and it is ranging from RM1,000.00-RM1,500.00 (based on estimation) as per the item below:-

  1. Stamping of SPA (RM10 per copy x 4)
  2. Bankruptcy/ Winding up search (per person)
  3. Company search (if applicable)
  4. Land search
  5. Relevant application fees at Land Office
  6. Relevant registration fees at Land Office and/or High Court
  7. Affirmation and Stamping on the Statutory Declaration
  8. Printing charges
  9. Transportation
  10. Miscellaneous charges
Client Account

Section 78 of the said Act permits the Bar Council to make rules in regard to the handling of clients’ moneys. The rules made under the conferred power are Solicitors Account Rules 1990 (SAR 1990´) and Solicitors Accounts (Deposit Interest) Rules 1990, among few other relevant rules.

According to the Solicitors’ Account Rules 1990, Rule 2:-
“client account” means a current or deposit account at a bank in the name of the solicitor in the title of which the word “client” appears.

It must be noted that the primary objective of this rule is to regulate the proper conduct and practice in the opening, maintaining and operating of clients moneys in the clients account. The moneys to be paid into client account is trust money, solicitor’s money for maintenance end opening of the account, replacement for money mistakenly withdrawn and cheque or draft received in which solicitor is entitled to split but did not.

Developers
  • Ehsan Plant & Property Sdn Bhd
Bank’s
  • Bank Simpanan Nasional Berhad (Islamic & Conventional)
  • CIMB Bank Berhad (Islamic & Conventional)
  • Bank Kerjasama Rakyat Malaysia Berhad
  • Malayan Banking Berhad (Islamic & Conventional)
  • RHB Bank Sdn Bhd (Islamic & Convetional)
  • Bank Islam Malaysia Berhad (Islamic & Convetional)
  • Ambank (M) Berhad (Islamic & Convetional)
  • Al-Rajhi Bank
  • Bank Muamalat Malaysia Berhad
  • Affin Bank Berhad (Islamic & Conventional)
  • Hong Leong Bank
  • The Public Sector Housing Financing Board (LPPSA)