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Learn more about Buying a Property in Malaysia

Malaysia has a strong economy and a business-friendly administration, making it an increasingly appealing investment location for international investors. Tourism is now Malaysia’s third-largest source of revenue. As a result, many overseas investors are turning to real estate as an alternative form of investment. If you are thinking about to buy a property in Malaysia, Themis Partner can supply you with all the necessary contracts such as an Intent to Purchase Letter, Land Agreement and Real Estate Purchase Agreement, Architect Contract,ย Construction Contractย or Interior Design Contract. Our legal specialists are also available to you. Our documents are available in word format and conform with Malaysian legislation.

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Why purchase a property in Malaysia?

Compared to other Southeast Asian nations, Malaysia is quite economical when it comes to purchasing property. The country has had rapid growth over the previous two decades while maintaining low purchasing prices. If you are in the correct spot, you may receive a lot for your money.

The fundamentals fueling the property market’s rise in recent years have not altered, as Malaysia’s youthful population continues to contribute to new household formation, a rising middle-income group, and steady employment. Local Malaysians still account for 93 percent of overall property investment in Malaysia, with foreigners accounting for only 3 percent.

How to buy a property in Malaysia?

Here are some steps to follow to buy a property in Malaysia:

1. Once you and the seller have agreed on a price, you must sign an Offer/Acceptance Letter โ€“ at this point, you should also submit a 3% down payment.

2. After two weeks, the Sale Agreement will be signed, and the remaining deposit amount (7%) will be paid over the next three months.

3. The purchase agreement is stamped and the purchase price is verified at the Stamp Office. The buyer is then required to pay stamp duty (up to 3 percent of the price).

4. The property’s ownership change must be registered with the Land Office Registry.

Can a foreigner buy an apartment?

This question has a simple answer: yes. There are various exceptions when it comes to foreign-owned property. If you are not a Malaysian citizen, you may acquire any type of property as long as it is priced at a minimum of one million MYR. When purchasing a condo, ensure that half of the block is owned by residents. The number of foreign-owned properties is limited to two, which can be divided as two condominiums or one condo and one house.
It is suggested that you consult with a lawyer or real estate agent for further and tailored information.

However, before acquiring any property for sale in Malaysia for foreigners, foreign people or organizations must comply with particular regulations and limitations imposed under the National Land Code 1965 (NLC 1965). In addition to the NLC 1965, the Economic Planning Unit’s Guidelines on Property Acquisition address the purchase of properties by foreign people (EPU). This country constantly welcomes foreigners who are looking for a terrific new house or an excellent investment opportunity.

What is the MMH2 Program?

The Malaysia My Second Home (MM2H) expatriate program allows foreigners to acquire property in Kuala Lumpur at a lesser cost than is normally accessible, while still adhering to Malaysian rules. This is a government project to help people adjust to life in Malaysia. The MM2H programme is available to all Malaysian-recognized nations, although there are various prerequisites. These criteria include a minimum monthly income, liquid assets, a fixed deposit, and a variety of additional regulations.

You can apply for a house loan if you are a participant in the MM2H program or own a business in Labuan. If this is the case, the bank will determine the worth of the property you seek to acquire. Banks are typically prepared to provide foreigners a house loan based on this evaluation, however they will normally issue a loan between 75% and 90% of the entire value of the property.

What are the costs of buying a property?

Prepare funds equal to 3% to 5% of the purchase price to pay legal expenses and stamp duty. Legal expenses comprise the lawyer’s professional fee and any disbursements. They will bill you the entire amount when you complete the Loan Agreement.

Don’t try to avoid paying taxes. It is illegal and will cause problems with your loan application. When you apply for a home loan, the bank will demand an EA form. As a result, it is critical that you pay your taxes. If you fall into the latter category, you must pay your annual tax or risk having your loan denied. LHDN will also penalize you.

What is the legal protection for buyers?

Malaysia’s legal system is founded on English law. Malaysia, unlike several of its Asian neighbors, has fairly clear and consistent property ownership regulations. Malaysia employs the Torrens System, which requires all property ownership to be recorded. Once registered, the title is secure and cannot be disputed or challenged by anybody. This provides investors with a high level of protection and comfort.

How to transfer a property in Malaysia?

It might become a little complicated, but stick with us and remember these two words: Stamp duty and the Memorandum of Transfer (MoT). The Memorandum of Transfer, as previously noted, is a form used to transfer property ownership from one person to another. It’s known as Borang 14A in Malaysia. When the form is signed, it must be presented to a lawyer who will serve as the witness.

Then you must take the home grant, your ID, and the MyKad of the person who provided you the land to the land office and submit them all together. Both parties must be in attendance. However, if the landowner is elderly, unwell, or overseas, you may be required to produce extra proof to explain why he or she cannot be present.

How do I manage my new property?

You have two possibilities if you are purchasing the home as an investment and want to rent it out. You can manage the property yourself or hire a property manager. The concept of hiring a professional property manager is gaining traction in Malaysia. Professional managing agents will handle all aspects of your tenancy. Their responsibilities include collecting rent, keeping financial records, conducting regular property inspections, resolving disputes, and organizing any necessary repairs. As a management fee, most property managers take a portion of the weekly rent. This is often approximately 7-10%, however it is negotiable. You should also anticipate paying one-time fees when they locate a new renter.

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