It is essential to note the following salient points when selling a property:

1. To engage a lawyer as it is a standard conveyancing practise that the balance purchase is paid to your lawyer as stakeholders. Therefore you need a lawyer you can trust.
2. To read the letter of appointment prepared by the real estate agent that you engage to sell the property. This appointment letter will determine who the purchaser will pay the ernest deposit to. In most letter of appointment, you authorise the real estate agent to receive the ernest deposit and the same ernest deposit it paid to the real estate agent’s company.
3. To furnish to your lawyer the following documents:

A copy of the issue document of title.

A copy of the sale and purchase agreement when you bought the property.

The current year quit rent and assessment receipts.

Your income tax number and issuing branch.

A copy of the latest bank statement if your property is charged to the bank.

For property without title, the developer’s latest address, telephone and fax number.

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It is essential to note the following points when buying a property:

1. Is it a freehold or leasehold property.
2. Is there any restriction-in-interest.
3. For leasehold property, what is the remaining period of the lease.
4. To request a copy of the issue document of title from the Vendor or the real estate agent.
5. To read the Letter of Offer prepared by the real estate agent as it forms the basis of your contract with the Vendor.
6. To list down (and inform your lawyer) the details of all movable properties or items that come with the purchase.
7. To apply for a loan as soon as possible.

When you see a lawyer, to bring along the following documents:

1. A copy of your NRIC.
2. A copy of the issue document of title.
3. Your income tax number and the issuing branch.
4. A copy of the letter of offer from the real estate agent, if any.

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The partners also have extensive experience in litigation and have conducted numerous trials and hearings in the Subordinate Courts, High Courts and the Supreme Court/Federal Court. Expertise in civil litigation covers the following fields:

1. Construction law.
2. Arbitration on construction law.
3. Debt collections.
4. Performance Bond.
5. Injunctions.
6. Winding-up proceedings.
7. Guarantee.
8. Banking and Foreclosure.
9. Probate & Administration.
10. Stockbroking.
11. Tenancies.
12. Hire Purchase & Leasing.

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The firm is currently consultant and solicitors to at least five hundred (500) corporations and firms including some public-listed companies.

Mr Tan Chuan Yong specialises in drafting joint venture agreement, shareholders agreement, sale and purchase of shares agreement, agency and distributorship agreement. He has also drafted hundreds of agreement pertaining to tenancies, wills, insurance, indemnity guarantees, power of attorney, call and put options, sub-contracts on building construction, supply of materials, ship building, confidential agreement, employment contracts, franchise agreement, creation of trust agreement, settlement, procurement, partnership agreement. In 1999, he was appointed a Notary Public by the Attorney General Malaysia. He can now attest, witness and affirm all international documents, affidavits and declarations.

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Our partners are very conversant in every aspect of conveyancing including properties with title or without title. They have experience in numerous housing projects and advise developers on every legal aspect involving housing development.

In his legal career so far, principal partner Mr Tan Chuan Yong has done more than 5000 sale and purchase agreements and loan agreements with banks and financial institutions.

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Tan Chuan Yong & SM Chan has Professional Indemnity Insurance for RM1.5 million.

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1. The legal fee chargeable by any law firm is fixed under the Legal Profession Act.
2. The scale fee for buying and/or selling a property is fixed as follows:

1. The formula for calculating the above fee for property below RM500,000.00 is as follows:
   

   Property Price x 0.5% + RM500.00 = Legal fee.

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