LAW600 CONVEYANCING OCT 2022 - FEB 2023
LAW 600
LAW OF CONVEYANCING
FILE 3
(An assignment (by way of Transfer) – Strata title not available)
1. This is a sale and purchase transaction of an apartment unit where the
individual strata title has not been issued by the state authority.
2. The Property was constructed on a piece of land held under a master title which
is free from any encumbrances and registered under Uda Holdings Sdn. Bhd.
(UHSB), a housing developer.
3. UHSB has surrendered the master title to the authority for purpose of applying
separate strata titles for the apartments’ units. However, as at to date, the titles
have not been issued.
4. On 16 November 2019 Nazirah Yacob purchased the Property from UHSB at
RM1.2 million by cash.
5. In the Sale and Purchase Agreement entered by Nazirah and UHSB, UHSB
undertakes that upon issuance of the said strata title, UHSB shall execute the
F14A and forward the separate strata title to Nazirah.
6. After delivery of vacant possession from UHSB on 15 November 2022, Nazirah
decided to sell the property to Fazreen Zamili at RM1.9 million.
7. Fazreen has paid deposit sum 10% of the total purchase price to Nazirah.
Fazreen applied for Islamic facility from Maybank Islamic Berhad for the
balance purchase price. However, Maybank did not approve full facility out of
her application.
8. You act for Fazreen to perfect the assignment (transfer) of the property.
9. Prepare all the necessary documents and apply the relevant procedure to
perfect the assignment in the name of Fazreen.
LAW600 CONVEYANCING OCT 2022 - FEB 2023
PROCESS AND PROCEDURE FOR FILE 3
1. Interview and taking instruction from client. Open file.
2. Conduct search on the Master Title
3. Draft Agreement
4. Forward draft to V’s solicitor for comment
5. Receive comment from V’s solicitor – draft approved
6. Prepare:
i- 4 copies of SPA
ii- 4 copies of Deed of Assignment (DOA) (by way of transfer)
iii- a copy of RPGT form
iv- Bill of Cost
7. Write to P for signing of document & to bring along legal fees and disbursement plus
the 10% deposit sum
8. Write to the Vendor’s solicitor:
- To get Developer’s letter of acknowledgement cum undertaking as follows:
Developer to confirm, acknowledge & undertake that:
- the Vendor is the beneficial owner of the property;
- the master title is free from any encumbrances;
- the strata title to the property has not been issued;
- application for subdivision of the master title and building for issuance of strata title
has been submitted to the relevant authority;
- Developer acknowledges the sale of the property to Purchaser;
- upon issuance of the said strata title, Developer undertakes to forward the original
strata title and the executed F14A
- to forward the original SPA (Principle Agreement) made between the Vendor and
developer
9. P comes & signs all document & pay deposit & Bill of cost. Hold 3% for RPGT.
10. Forward SPA, DOA & deposit sum to V’s solicitor for Vendor’s execution.
11. V’s solicitor returns SPA & DOA together with confirmation cum undertaking letter from
the developer, and the original SPA / principle agreement.
12. Stamp the SPA only @ RM10.00 each copy and forward to Purchaser (original and
one copy of SPA), a copy to the V’s solicitor and the last copy for file.
LAW600 CONVEYANCING OCT 2022 - FEB 2023
i. Execution of loan documents by Purchaser’s Financier Solicitor
a- 4 copies of FA
b- 4 copies of Deed of Assignment (DOA) (by way of security)
c- 4 copies of Powers of Attorney
ii. Write to Developer for confirmation on details of property, and other relevant matters
b- P’s solicitor request for relevant documents
13. Send:
- DOA for stamping;
- Submit the DOA & other relevant document to Pemungut Duti Setem, for adjudication
14. Receive a Valuation Notice from Stamping Office confirming the stamp duty payable
for the sale.
15. Pay stamp duty & print Sijil Setem.
16. Serve the DOA(T) to:-
- Purchaser’s Financier Solicitor (Original DOA(T)); and
- Developer
17. Send letter asking P to come and collect the copy of DOA(T) and Sijil Setem.
18. Close file.
