Residential Real Estate Transactions: From Contract to Completion
[2 CPD hours Applied For from LPPEH]
Date & Time:
Venue:
Online ZOOM
Speaker
Mr. Ivan Chan
Advocate & Solicitor
Messrs. Amir Toh Francis & Partners
Seminar Outlines
- Understanding the sub-sale landscape in Malaysia
- Definition and nature of sub-sale transactions
- Key differences between sub-sale and developer sales
- Types of property titles involved (master title, individual title, strata title)
- Pre-contract due diligence and initial negotiations
- Role of the real estate practitioner in the sub-sale process
- Title search at the land office /e-Tanah Portal
- Verifying ownership, encumbrances, caveats
- Offer to purchase and negotiation of terms
- Drafting and executing the sale and purchase agreement (SPA)
- Overview of a standard SPA for sub-sale
- Key legal clauses of the SPA
- Adjudication and stamp duty of conveyancing documents
- Role of lawyers for vendor and purchaser
- Financing, consents and Transfer process
- Loan approval and letter of offer
- Preparation and execution of loan documents
- Consent from the relevant authorities (if applicable)
- Timeline and coordination between parties (bank, lawyers, vendor, purchaser)
- Completion and post-completion matter
- What constitutes “completion” in a sub-sale?
- Delivery of vacant possession or legal possession
- Apportionment of outgoings of the property
- Disputes over defects in the property