Step 1: Understand Foreign Ownership Rules

  • Foreigners can buy properties in Malaysia, but certain restrictions apply.
  • Minimum property price varies by state (e.g., RM 1 million in Kuala Lumpur, RM 2 million in Selangor).
  • Some property types (e.g., Malay Reserved Land, low-cost housing) are restricted to locals.
  • Foreigners may apply for the Malaysia My Second Home (MM2H) or Premium Visa Programme (PVIP) for easier property ownership.

 

 

Step 2: Engage a Real Estate Agent or Developer

  • Choose a reputable real estate agent or developer.
  • They help you find properties within your budget and provide legal guidance.
  • If buying from a developer, check if the project is government-approved.

Step 3: Select the Property

  • Decide on the location, type, and price of the property.
  • Check the Title Type:
    • Freehold: Permanent ownership.
    • Leasehold: Limited ownership (typically 99 years).
    • Strata Title: Shared ownership in high-rise buildings.
  • Visit the property and confirm its condition before proceeding.

Step 4: Make an Offer & Sign the Letter of Offer

  • Once you select a property, make an offer.
  • If accepted, sign a Letter of Offer and pay a 2-3% earnest deposit (part of the total 10% down payment).
  • The seller takes the property off the market.

Step 5: Hire a Lawyer for Legal Due Diligence

  • Appoint a lawyer to:
    • Conduct a title search (verify ownership and encumbrances).
    • Draft and review the Sale and Purchase Agreement (SPA).

Step 6: Sign the Sale & Purchase Agreement (SPA)

  • The SPA is a legal document outlining:
    • Property details and selling price.
    • Payment schedule and responsibilities of both parties.
    • Legal conditions for the transaction.
  • Upon signing, pay the remaining 7-8% of the down payment (to complete 10%).
  • The balance (90%) is usually paid through a housing loan or cash.

Step 7: Apply for State Government Consent (Foreign Buyers Only)

  • Foreigners must obtain State Authority Consent to own property.
  • The application is submitted by your lawyer and takes up to 6 months (varies by state).
  • If rejected, the transaction is canceled, and your deposit is refunded.

Step 8: Secure Financing (If Needed)

  • Foreigners can apply for a loan (up to 70%) from Malaysian banks.
  • Banks will assess your:
    • Income and employment status.
    • Credit history and financial commitments.
  • Loan approval can take 2-3 weeks.

Step 9: Pay Stamp Duty & Legal Fees

  • The buyer must pay Stamp Duty for property transfer:
    • 1% on the first RM 100,000.
    • 2% on RM 100,001 - RM 500,000.
    • 3% on RM 500,001 - RM 1 million.
    • 4% on amounts exceeding RM 1 million.
  • Legal Fees:
    • 1% for properties up to RM 500,000.
    • 0.8% for RM 500,001 - RM 1 million.

Step 10: Final Payment & Property Transfer

  • Upon full payment, your lawyer submits documents for title transfer.
  • The seller’s name is removed, and you receive a land title or strata title.
  • If buying a new property from a developer, you may receive a Certificate of Completion and Compliance (CCC).

Step 11: Take Possession & Register Utilities

  • Inspect the property before receiving the keys.
  • Register utilities like electricity (TNB), water (Syabas/PBA/etc.), internet, and assessment tax.
  • If buying a condominium, register with the Management Office for maintenance fees.
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