Is a Conveyancing Lawyer required to do Property Transfers In Malaysia?

Most of people must be wondering that why do we need a lawyer to represent ourselves in a conveyancing transaction? Here your question will be answered:-

Even in the simplest conveyancing transaction, regardless of whether you are the houseowner or the potential purchaser or as simple as a property transfer as a gift between the family members, an experienced conveyancing lawyer is always required to protect and safeguard your interest against possible fraud or forgery. Besides that, with the advices and assistance of the conveyancing lawyer, the whole process of conveyancing would be able to completed in a smooth and safe manner.

Roles of the Conveyancing Lawyer

• To safeguard the interest of their clients in the sale and purchase transaction;

• To determine the possible legal issues on a case to case basis;

• To conduct all the necessary land searches of the Property to ascertain important details of the Property such as the particulars of the owner of the Property, title details, the status of the title (whether freehold or leasehold), category use of the land and so on;

• To conduct all necessary searches on the Seller (bankruptcy or winding up searches) to ensure that the Seller is capable to dispose of the Property to the Purchaser;

• To explain and advise their clients pertaining to the clauses contained in the Sale and Purchase Agreement;

• To prepare and draft all the relevant supporting documents;

• To ensure that their clients follows and complies with all the obligations, covenants, warrants and representations stated in the relevant agreement;

• To deal with other possible issues depending on a case to case basis, such as Real Property Gains Tax, application for consent from the State Authority, adjudication of stamp duty and so on;

• To ensure that the transaction is carried out smoothly;
  

• To ensure that the relevant transfer documents and/or forms are in compliance with the relevant government authorities and assist their clients to communicate with the relevant authorities;

• To advise their clients on the relevant applying law, statutes and rules.