外籍人士指南
A foreign subsale purchase typically runs 6–9 months end to end, with state consent as the long pole. Here is what happens in each stage.
From letter of offer to keys in hand — typical foreign-buyer subsale purchase, 6–9 months end to end.
Sign the letter of offer and pay 2–3% earnest deposit — held by a stakeholder, refundable if state consent is refused.
Your conveyancer confirms clean title, no Malay Reserve land or unreleased Bumi lot, and that the price clears the state’s foreign minimum.
Deposit tops up to 10%. The SPA must be conditional on state consent, and stamped within 30 days.
Your lawyer applies to the state land office under s.433B NLC. Typically 3–6 months; the completion clock runs from approval.
Full loan application and bank valuation. Watch the letter of offer’s validity period against the consent timeline.
LHDN adjudicates the Memorandum of Transfer — flat 8% duty for foreign buyers, plus 0.5% on the loan agreement.
Balance purchase price flows, transfer and charge are registered, vacant possession handed over.
Sources: Malaysian Bar — SRO 2023; LHDN — Stamp Duty; JKPTG
Once you have found the right property and your finances are in order, a Malaysian subsale (resale) purchase follows a well-worn sequence. The deposit percentages and completion periods below are market convention rather than statute — your SPA is the binding document — but they are near-universal in practice. Foreign buyers add one long step: state consent.
You sign a letter of offer through the agent and pay an earnest deposit, typically 2–3% of the price. The letter binds the seller to sell to you and sets a window (commonly ~14 days–3 weeks) to sign the SPA. Make sure the earnest deposit is expressed to be refundable if state consent is refused or if the SPA is not executed for reasons outside your control, and that it is held by a stakeholder (the agency or a law firm), not paid to the seller directly.
Appoint your own lawyer immediately (fees follow the SRO 2023 scale: 1.25% on the first RM500k, 1% on the next RM7M). Before you sign the SPA, the lawyer runs a title search to confirm:
You sign the sale and purchase agreement and top the deposit up to 10% of the price. For a foreign buyer the SPA must be conditional on state consent under s.433B of the National Land Code — refusal should trigger termination and a refund of your deposit.
The SPA (and later the MOT) must be stamped within 30 days of execution.
Your lawyer files the foreign-acquisition consent application with the state land office. Processing typically takes 3–6 months and the completion clock in a foreign buyer's SPA usually runs from the date consent is granted. Penang buyers: the 3% foreign levy is paid at this stage of the cost stack.
Submit the full loan application as soon as the SPA is signed (better: have the bank's letter of offer before signing). Watch two timing traps: the letter of offer's validity period versus the consent timeline, and the bank's valuation — if it comes in below your price, the margin is computed on the lower figure and you top up in cash.
Once consent is in hand:
Standard subsale SPAs complete 3 months from the unconditional date, with a 1-month extension available subject to late-payment interest under the agreement. On completion you receive vacant possession and keys; utilities, assessment and service charges are apportioned.
End to end for a foreign buyer: commonly 6–9 months, with state consent the long pole.
New launches run on a different, statutory track: the SPA is the prescribed form under the Housing Development (Control and Licensing) Act (Schedule G for landed, Schedule H for strata), you pay 10% on signing and the balance by progressive stages as construction certifies, with statutory delivery deadlines and a 24-month defect liability period. State consent still applies to foreign purchasers, but the developer's machinery usually handles the applications in bulk.
Use an agent registered with the Board of Valuers, Appraisers, Estate Agents and Property Managers (LPPEH) — you can check the register online. In subsale transactions the seller pays the agency fee (capped at 3% of the price under the Board's rules); be wary of anyone asking you, the buyer, for a purchase commission.
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