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Some important legal formalities in real estate Malaysia

By Rick Foster Subscribe to RSS | January 28th 2012 | Views:

In Malaysia, the property scenario is based on the Torrens system and is governed by NLC or National Land Code of 1965. The government here is parliamentary and prime minister is the leading personnel in the country. It is a common practice in Malaysia to appoint a real estate agent who helps in negotiating the important terms with the prospect buyers. Once an agreement is reached, the papers and documents are prepared that are then signed by both the parties. After the full settlement of payment the ownership is then passed from the seller to the buyer who then owns the complete legal rights of the property.

While a parliamentary rule remains dominant in Malaysia, but when speaking about real estate Malaysia, different states have their different rules. For example, when buying property in Kuala Lumpur, even when its condos, it’s inevitable to acquire a leasehold or freehold for the same. On the other hand, in Sabah State only native Malaysians are eligible to acquire a freehold title.

When speaking about the ownership and rights, every state in Malaysia has individual powers over the land and the administration. This leads to different ownerships of different land among different states. Even foreigners are liable to fulfill the basic requirements for acquiring any property in real estate malaysia . Foreign investors are eligible to buy immovable properties in Malaysia that are above250,000 ringgit at least and for this no approval from Foreign investment Committee is needed.

Also, it’s not mandatory for any foreigner to participate in the Malaysia My Second Home (MM2H) program to buy properties in the real estate sector of Malaysia. Although after joining this scheme foreigners can enjoy certain incentives, which they are otherwise unable to without participating in MM2H.

Buying procedure in real estate Malaysia:

After choosing that ideal property, a reservation agreement is signed by the owner. Following this a State Authority Consent is obtained, that permits a seller to approve the sale and transfer of the said property to buyer, where the overall procedure is fairly simple. The buyers also have access to home mortgage that makes the buying of property process little easier. Before signing any contract it is always advised to consult an experienced lawyer in order to analyze the risk and uncertainties completely. This is followed by title transfer that is based on the Torrens system acceptable in all the states of Malaysia.

The rules and regulations in Malaysian real estate keep on getting revised this is to make the procedure more fruitful and returning for both the buyers and sellers. Government in Malaysia always tries their level best to offer not just the Malaysians, but foreign investors a win-win situation that is feasible in terms of finances as well as convenience.

Just one such revision was entering of Malaysia into a double taxation agreement with almost 60 countries in the year 2008. All in all, the Malaysian government promotes justifiable, genuine as well as easy transaction for properties in real estate in order to offer every buyer as well as seller a legitimate experience.

Rick Foster - About Author:
The writer is an expert in property buying and selling, real estate malaysia and works with SriShan Bid. SriShan Bid is the pioneer Penang Real Estate company in Malaysia. Real estate agents at this site have easy access to property of every kind and type getting sold in Malaysia.

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