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 Can Tenant choose their own Lawyer to draft TA?

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SUS*lightbringer*
post Aug 5 2025, 09:28 AM, updated 5 months ago

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Firstly I know ada Property Talk, but it seems like I can get faster answer here.

So the question is, does tenant have the right to appoint their own lawyer to draft the TA or only can use agent's lawyer to draft TA?

The stories like this. My friend wanted to rent a shoplot, about 1,400/month. The agent asking for normal thing, 2+1 depo plus utility. He ok with that, normal stuff lah. But what actually surprise him is the TA fees. The agent is asking for Rm700 for TA, and have to be paid to their agency. I told my friend I rented my unit for RM3000 and my lawyer only asked for 600+ for the TA, so I think his TA should be cheaper lah. He then told the agent that he dont want to use agent's lawyer and will engage his own lawyer to draft the TA, but the agent say kenot. But according to my lawyer, tenant have the right to choose their own lawyer, no law say have to sue agent's lawyer. The law only say as long as the one drafting the TA is a law firm, then ok already.

Kenot change location also because my friend say this place is good, near to his house, got good makan2 place. So he is not inclined to look for other unit.
latipbogiba
post Aug 5 2025, 09:33 AM

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ask the owner/agent lor

the TA he copied from internet and charge you 700.

if lucky, like me, i orang baik. TA i charge 100 je. tolak duit stem dapat 80 je
annoymous1234
post Aug 5 2025, 09:37 AM

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Draft ur own TA. FOC
BelaCHAN
post Aug 5 2025, 09:41 AM

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QUOTE(*lightbringer* @ Aug 5 2025, 09:28 AM)
Firstly I know ada Property Talk, but it seems like I can get faster answer here.

So the question is, does tenant have the right to appoint their own lawyer to draft the TA or only can use agent's lawyer to draft TA?

The stories like this. My friend wanted to rent a shoplot, about 1,400/month. The agent asking for normal thing, 2+1 depo plus utility. He ok with that, normal stuff lah. But what actually surprise him is the TA fees. The agent is asking for Rm700 for TA, and have to be paid to their agency. I told my friend I rented my unit for RM3000 and my lawyer only asked for 600+ for the TA, so I think his TA should be cheaper lah. He then told the agent that he dont want to use agent's lawyer and will engage his own lawyer to draft the TA, but the agent say kenot. But according to my lawyer, tenant have the right to choose their own lawyer, no law say have to sue agent's lawyer. The law only say as long as the one drafting the TA is a law firm, then ok already.

Kenot change location also because my friend say this place is good, near to his house, got good makan2 place. So he is not inclined to look for other unit.
*
Taking 1 step back, since the location is no compromise, so factor this RM700 in as business set-up cost loh.

I know that even 1 cent is big money when starting up,
but IMHO, in the long run, the effort and time and etc spent going back and forth is likely not worth to potentially save RM300 or so
(and the owner/renter OBVIOUSLY KNOWS about this as well =D)

This post has been edited by BelaCHAN: Aug 5 2025, 09:41 AM
mushigen
post Aug 5 2025, 09:45 AM

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How come only 2+1 deposit? Commercial properties not usually 3+1?
yhtan
post Aug 5 2025, 09:47 AM

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Yes possible, afterall stamping fee is paid by the tenant, landlord might need to engage lawyer to review the TA
Autocountstick
post Aug 5 2025, 09:47 AM

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panel lawyer ade commission
mroys@lyn
post Aug 5 2025, 09:50 AM

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how many years of tenancy? cannot just compare monthly rental only
cheryee
post Aug 5 2025, 09:53 AM

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QUOTE(*lightbringer* @ Aug 5 2025, 09:28 AM)
Firstly I know ada Property Talk, but it seems like I can get faster answer here.

So the question is, does tenant have the right to appoint their own lawyer to draft the TA or only can use agent's lawyer to draft TA?

The stories like this. My friend wanted to rent a shoplot, about 1,400/month. The agent asking for normal thing, 2+1 depo plus utility. He ok with that, normal stuff lah. But what actually surprise him is the TA fees. The agent is asking for Rm700 for TA, and have to be paid to their agency. I told my friend I rented my unit for RM3000 and my lawyer only asked for 600+ for the TA, so I think his TA should be cheaper lah. He then told the agent that he dont want to use agent's lawyer and will engage his own lawyer to draft the TA, but the agent say kenot. But according to my lawyer, tenant have the right to choose their own lawyer, no law say have to sue agent's lawyer. The law only say as long as the one drafting the TA is a law firm, then ok already.

Kenot change location also because my friend say this place is good, near to his house, got good makan2 place. So he is not inclined to look for other unit.
*
1) Yes, the tenant has the right to appoint his own solicitor to prepare the TA; and

2) The legal fees for preparation of TA is governed under Second Schedule of the Solicitors’ Remuneration Order 2023 (“SRO”). Based on the SRO, for rental up to RM10,000 per month, the scale fee is 30% of the monthly rental but subject to a minimum fee of RM500. Hence for monthly rental of RM1,400 per month, the scale fee will be RM1,400 x 30% = RM420 but since there is a minimum scale fee of RM500, then the actual fee payable to the solicitor will be RM500 excluding 8% service tax, stamp duty and disbursements.

SUS*lightbringer*
post Aug 5 2025, 09:57 AM

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QUOTE(latipbogiba @ Aug 5 2025, 09:33 AM)
ask the owner/agent lor

the TA he copied from internet and charge you 700.

if lucky, like me, i orang baik. TA i charge 100 je. tolak duit stem dapat 80 je
*
Sudah ask, they say mmg like that. When my friend ask to pay the law firm directly, they say cannot, have to pay them.

QUOTE(annoymous1234 @ Aug 5 2025, 09:37 AM)
Draft ur own TA. FOC
*
Under new rules, TA need to be draft by law firm.

QUOTE(BelaCHAN @ Aug 5 2025, 09:41 AM)
Taking 1 step back, since the location is no compromise, so factor this RM700 in as business set-up cost loh.

I know that even 1 cent is big money when starting up,
but IMHO, in the long run, the effort and time and etc spent going back and forth is likely not worth to potentially save RM300 or so
(and the owner/renter OBVIOUSLY KNOWS about this as well =D)
*
My friend check around, the agent actually very sneaky one. She like to iklan diff unit, then bring view diff unit. even change rental fee last minute. So my friend a bit skeptical on this.

QUOTE(Autocountstick @ Aug 5 2025, 09:47 AM)
panel lawyer ade commission
*
Understand, but that doesnt mean tenant have no right to choose their own lawyer?

QUOTE(mroys@lyn @ Aug 5 2025, 09:50 AM)
how many years of tenancy? cannot just compare monthly rental only
*
1+1.
khtan2000
post Aug 5 2025, 09:57 AM

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you can follow the guide here

https://www.iproperty.com.my/guides/stamp-d...-malaysia-52316

for me i just copy and proof read , add my own clause and let my tenant sign, although stamping fee usually paid by tenant , my rental isn't that much so I borne the stamping fee also for renewal TA as its not much and do the online stamping process(LHDN direct me to do online when i go to their office) since my tenant is good and no issues with rental, kept the property clean
SUS*lightbringer*
post Aug 5 2025, 09:57 AM

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QUOTE(cheryee @ Aug 5 2025, 09:53 AM)
1) Yes, the tenant has the right to appoint his own solicitor to prepare the TA; and

2) The legal fees for preparation of TA is governed under Second Schedule of the Solicitors’ Remuneration Order 2023 (“SRO”). Based on the SRO, for rental up to RM10,000 per month, the scale fee is 30% of the monthly rental but subject to a minimum fee of RM500. Hence for monthly rental of RM1,400 per month, the scale fee will be RM1,400 x 30% = RM420 but since there is a minimum scale fee of RM500, then the actual fee payable to the solicitor will be RM500 excluding 8% service tax, stamp duty and disbursements.
*
Thanks, this is good.
cheryee
post Aug 5 2025, 09:59 AM

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QUOTE(mroys@lyn @ Aug 5 2025, 09:50 AM)
how many years of tenancy? cannot just compare monthly rental only
*
Tenure of a tenancy will only affect the ad-valorem stamp duty but not the legal fees on TA. The legal fees will be different if it is a lease instead of a tenancy.
cheryee
post Aug 5 2025, 10:00 AM

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QUOTE(*lightbringer* @ Aug 5 2025, 09:57 AM)
Thanks, this is good.
*
You’re wc 😊
submergedx
post Aug 5 2025, 10:04 AM

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QUOTE(*lightbringer* @ Aug 5 2025, 09:28 AM)
Firstly I know ada Property Talk, but it seems like I can get faster answer here.

So the question is, does tenant have the right to appoint their own lawyer to draft the TA or only can use agent's lawyer to draft TA?

The stories like this. My friend wanted to rent a shoplot, about 1,400/month. The agent asking for normal thing, 2+1 depo plus utility. He ok with that, normal stuff lah. But what actually surprise him is the TA fees. The agent is asking for Rm700 for TA, and have to be paid to their agency. I told my friend I rented my unit for RM3000 and my lawyer only asked for 600+ for the TA, so I think his TA should be cheaper lah. He then told the agent that he dont want to use agent's lawyer and will engage his own lawyer to draft the TA, but the agent say kenot. But according to my lawyer, tenant have the right to choose their own lawyer, no law say have to sue agent's lawyer. The law only say as long as the one drafting the TA is a law firm, then ok already.

Kenot change location also because my friend say this place is good, near to his house, got good makan2 place. So he is not inclined to look for other unit.
*
It was 10years ago i engage a agent. He charged me RM500 for a TA processing fee.
He said must use his TA, i cannot provide mine, can't proceed i use my TA.
Please bear in mind i only want to rent a condo.

Jibai lapsap agent are everywhere.

I went to my closest agent friend for the deal instead.


SUS*lightbringer*
post Aug 5 2025, 10:18 AM

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QUOTE(submergedx @ Aug 5 2025, 10:04 AM)
It was 10years ago i engage a agent. He charged me RM500 for a TA processing fee.
He said must use his TA, i cannot provide mine, can't proceed i use my TA.
Please bear in mind i only want to rent a condo.

Jibai lapsap agent are everywhere.

I went to my closest agent friend for the deal instead.
*
My friend kena also. He rented a unit for one year. Then 2 months before the TA expired, he say he wanna continue. Agent say will check with landlord. A month after that, still no reply. My friend keep on chasing, no reply from agent. 2 weeks before TA expired, agent say owner ok to continue. Then a day before expired, agent say need to increase rent 20% if want to continue. If not, need to move out. How can my friend look for replacement and move out within a day? so he have to diam2 accept only lah, cannot do anything.

There are lots of lapsap agent out there. U can see on mudah, fb. they iklan different thing, then bring u to different unit.
SUSSam Loo
post Aug 5 2025, 10:22 AM

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Yes.

But it's not gonna be cheap.

For tenancies lawyers will charge 25% of the monthly rent. For leases, 50% of the monthly rent.

The above amount is not inclusive of stamp duty, disbursements and SST ya.
SUS*lightbringer*
post Aug 5 2025, 10:23 AM

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QUOTE(Sam Loo @ Aug 5 2025, 10:22 AM)
Yes.

But it's not gonna be cheap.

For tenancies lawyers will charge 25% of the monthly rent. For leases, 50% of the monthly rent.

The above amount is not inclusive of stamp duty, disbursements and SST ya.
*
My lawyer charge cheaper than agent's lawyer by few hundred. But agent say cannot use outside lawyer, have to use their own lawyer with the ridiculous fee.
ShadowR1
post Aug 5 2025, 10:23 AM

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Popeti agent ... heh.
PhungTM
post Aug 5 2025, 10:47 AM

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QUOTE(*lightbringer* @ Aug 5 2025, 09:57 AM)
Sudah ask, they say mmg like that. When my friend ask to pay the law firm directly, they say cannot, have to pay them.
Under new rules, TA need to be draft by law firm.
My friend check around, the agent actually very sneaky one. She like to iklan diff unit, then bring view diff unit. even change rental fee last minute. So my friend a bit skeptical on this.
Understand, but that doesnt mean tenant have no right to choose their own lawyer?
1+1.
*
which rule states need to be drafted by law firm?
cheryee
post Aug 5 2025, 10:55 AM

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QUOTE(Sam Loo @ Aug 5 2025, 10:22 AM)
Yes.

But it's not gonna be cheap.

For tenancies lawyers will charge 25% of the monthly rent. For leases, 50% of the monthly rent.

The above amount is not inclusive of stamp duty, disbursements and SST ya.
*
Uncle, your % is salah. Don’t advise kalau tak erti 🤦‍♀️
SUSSam Loo
post Aug 5 2025, 11:06 AM

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QUOTE(cheryee @ Aug 5 2025, 10:55 AM)
Uncle, your % is salah. Don’t advise kalau tak erti 🤦‍♀️
*
So what's the correct calculation, pray tell?
il0ve51
post Aug 5 2025, 11:13 AM

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i landlord, when agent rent my unit to tenant, i tell agent i do own TA. Then just charge 200 for tenant that 1 year. agent will rip off landlord and tenant for a single deal. ptui. hope ai replace them. most of my unit now use speedhome, lagi best.
cheryee
post Aug 5 2025, 11:13 AM

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QUOTE(Sam Loo @ Aug 5 2025, 11:06 AM)
So what's the correct calculation, pray tell?
*
Refer to my earlier post.

Your % was based on the old SRO 2005 which has been revoked in 2023.
SUS*lightbringer*
post Aug 5 2025, 12:12 PM

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QUOTE(PhungTM @ Aug 5 2025, 10:47 AM)
which rule states need to be drafted by law firm?
*
From lppeh website : https://lppeh.gov.my/WP2016/notification-3-...WAKnqD38XZK8uVQ

From MIEA fb: https://www.facebook.com/share/p/1EGzNpjVC6/?mibextid=wwXIfr

to answer your question, Section 37 of the Legal Profession Act 1976 ("Act 166")
SUS*lightbringer*
post Aug 5 2025, 12:14 PM

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QUOTE(il0ve51 @ Aug 5 2025, 11:13 AM)
i landlord, when agent rent my unit to tenant, i tell agent i do own TA. Then just charge 200 for tenant that 1 year. agent will rip off landlord and tenant for a single deal. ptui. hope ai replace them. most of my unit now use speedhome, lagi best.
*
From my understanding, the minimum fee is RM500. Then ada stamping fee, admin fee, this and that. But yea, I agree most agent like to markup here and there.

Speedhome ok? I tried renting my unit use speedhome before, but an agent found a tenant before speedhome does. The zero deposit scares me a bit.
PhungTM
post Aug 5 2025, 12:30 PM

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QUOTE(*lightbringer* @ Aug 5 2025, 12:12 PM)
From lppeh website : https://lppeh.gov.my/WP2016/notification-3-...WAKnqD38XZK8uVQ

From MIEA fb: https://www.facebook.com/share/p/1EGzNpjVC6/?mibextid=wwXIfr

to answer your question, Section 37 of the Legal Profession Act 1976 ("Act 166")
*
This is in respect to estate agents where some are charging fees which is violation to section 37.
But for tenant or landlord who is preparing the TA for their own use (and not charging fees for it), it is generally accepted.
il0ve51
post Aug 7 2025, 03:58 PM

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QUOTE(*lightbringer* @ Aug 5 2025, 01:14 PM)
From my understanding, the minimum fee is RM500. Then ada stamping fee, admin fee, this and that. But yea, I agree most agent like to markup here and there.

Speedhome ok? I tried renting my unit use speedhome before, but an agent found a tenant before speedhome does. The zero deposit scares me a bit.
*
rent 1000 montly pay ta RM500 too overkill. if lawyer they have rate also. suppose all kena draft by lawyer, but enforcement is not there, also lawyer charge kinda high also for something copy & paste an uneducated agent can done/
chinteck79
post Aug 7 2025, 04:09 PM

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that's how agent drive bmw, merc
kobu
post Aug 7 2025, 04:23 PM

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Find other agent la.let the other agent cari the owner and deal with him for you. Owner dont care one who is the agent as long as got people renting
tinkerfy
post Aug 7 2025, 04:38 PM

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Some agencies insist that TA needs to be drafted by their own panel lawyers. So the panel lawyers buta-buta earn $$$ from each transactions.


 

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