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Before going ahead with a property purchase in Malaysia, it is important to be familiar with the buying process and what fees and agreements will need to be met. Sortium will assist you throughout this process from start to finish but this guideline will provide you with an overview of what procedures to expect. Unlike some of its Asian neighbors, Malaysia makes it fairly easy for foreigners to purchase real estate. The Malaysian government is constantly looking to improve conditions for people wishing to purchase property in the country and this is of course good news to foreign investors. What You Can BuyForeigners are allowed to purchase any kind of property with a minimum value of MYR 500,000 and can buy up to two residential properties – two condominiums (max. 50% foreign ownership within a block) OR one condominium and one of the following:
Should you wish to purchase a third property, you will need to apply to the Foreign Investment Committee of the Economic Planning Unit at the Prime Minister’s Department and provide a valid reason for the third purchase for permission to be granted. Property on Malay reserved land cannot be owned by overseas foreign investors. Other than these restrictions foreign owners of property are treated in the same way as Malaysian owners and both are protected by the same real estate laws. Using a Sortium AgentWhen buying a property, a good agent is invaluable. A Sortium agent will carefully examine your particular requirements, listen to your needs and provide you with a selection of appropriate options. In addition, our agent will recommend all the related professional services you will require in Malaysia to make a safe purchase. Appointing a LawyerAs mentioned above, foreign investors interested in the Malaysian property market are subject to certain restrictions on the type of real estate they can purchase while great care and attention to detail have to be given to the entire buying process in Malaysia. Sortium has a panel of approved solicitors that will assist with your transaction. Legal fees and disbursements for the preparation of applications to the Foreign Investment Committee and the sale and purchase agreement are calculated at a percentage of the value of the property. Should you plan to take up financing from a bank, remember that you will also have to pay legal fees and disbursements for the preparation of the loan documents. A full breakdown of fees is described below. FinanceAs a foreigner, you are allowed to borrow up to 80% LTV from banks in Malaysia and they are eager to lend to overseas borrowers. With interest rates currently amongst the lowest in Asia, property purchases in Malaysia are an attractive option for many investors. Sortium has agreements in place with a number of banks to make this part of the buying process as hassle free as possible. The Buying ProcessOnce you have selected your property, a Letter of Offer and Acceptance is signed and a 3% deposit payment is normally expected from the purchaser. Within 14 days, the buyer must pay a further 7%. Deposits paid are non-refundable if the buyer withdraws from the sale but are subject to obtaining finance and checking of title deeds. From the date of the signing, the buyer normally has a maximum of three months to complete the sale and make full payment. Upon signature, the Sale and Purchase Agreement must be stamped at the Stamp Office. After examination of the property by the valuation department, Stamp Duty must be paid to the Stamp Office. The Sale and Purchase Agreement is then sent to the land registry along with the Memorandum of Transfer form 14A to transfer the title deeds into your name. Transaction Costs and Fees
The Guidelines for Foreigners to Buy Property in Malaysia are as follows:
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