Of course it will be cheaper if you use the same lawyer as that for the purchaser as you will not be charged legal fees for the drafting and negotiations for the SPA. However, you will be unrepresented for the sale and purchase transaction. As I have mentioned previously, your interest might not be safeguarded as the lawyer is acting for the purchaser and not you. The lawyer will be merely assisting you in relation to other matters such as for filing of RPGT, state consent etc. SPA will definitely be one sided.

RPGT is not income tax. RPGT = real property gains tax, i.e. tax on the gains you make from the disposal. Two different things. Seller is entitled elect for a once a lifetime waiver provided that the conditions are met (must not have used this waiver before, property must be residential, property has been occupied, either by the owner or tenant, CF must be issued). Will need to provide copy of CCC (previously known as CF) or telephone/water/electricity bill as proof.

Hope this clarifies.

Hi Jason,

When property agent can claim the 2% commission from seller? is it After both parties has signed the spa OR After all process is done and vacant possession is passed to the buyer?

for future update, i already found information that i think is useful.
crucial information already updated in the first post.

Few things to keep in mind when selling a property:

1. Agent Commission
Normally agent charge is 2%, 2.5% or 3%
Mine was charged 3% but i managed to nego and further reduce to 2%
Note: if u can sell without agent, u no need to pay for the agent commission.

2. Legal Fees
As follows:


But since my agent is using the same lawyer for buyer and seller, the terms & condition & paperwork is repetitive.
they can do simultaneously, so legal fees are paid by the buyer.
Seller only pay the remaining portion of it. in my case, i just need to topup RM1,000 + 6% GST.
Note: actual cost will be update once i received the final quotation from lawyer.

3. Consent Fees
lawyer will charge u a consent fees if there is need to apply/transfer for consent from land office.
this cost will be added to the legal fees. luckily my property dont require consent

4. Real Property Gain Taxes
First 3 years - charged for 30% of net gain
within 4 years - charged for 20% of net gain
within 5 years - charged for 15% of net gain
more than 6 years - no RPGT
Each individual can have one RPGT exemption per lifetime.
anyone know how to apply for this? or will it be automatically waive during the selling process?

5. Property Insurance
Remember to cancel or transfer the insurance under your property, especially if its under MLTA.
Wait until the deed has transferred and you are legally no longer bound to the house before cancelling it.
Cost impact: still searching. Anyone has experience on this? what if we forgot to cancel the insurance?