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Buying Guide · Subsale
Buying Subsale Property in Malaysia: Title Search, Offer, SPA, Transfer & Handover
Buying subsale property in Malaysia means a negotiated contract and no developer warranty, so the title search and inspection before you pay a deposit matter most. Every guide is laid out below in six stages: title search and arrears, deposit and negotiation, the SPA completion period, state consent and transfer, RPGT retention, and the handover and utilities afterwards.
74 guides10% total deposit3+1 month completion3% RPGT retentionVerified 2026-09-20
Short answer
A subsale purchase in Malaysia has no developer warranty, so the risk is decided before you pay a deposit: the title search, caveats and restrictions in interest, the owner’s arrears and the condition of the unit. Market practice is a 10% deposit in total (2–3% as earnest money), completion in 3 months plus a 1-month extension, and the buyer retains 3% of the price (7% if the seller is a non-citizen) for LHDN within 60 days.
Key numbers at a glance
| Earnest deposit | 2–3%, topped up to 10% on signing the SPA |
|---|---|
| Completion | 3 months + 1 month extension (late interest usually 8% a year) |
| RPGT retention | 3% of the price; 7% if the seller is a non-citizen, within 60 days |
| Transfer | Form 14A; charge on Form 16A |
| State consent | Required for leasehold or restriction-in-interest titles |
| Agent commission | Capped at 3% of the price, normally paid by the seller |
| Check before you offer | Title search, caveats, maintenance and assessment arrears, condition |
| Stamp duty | 1%/2%/3%/4% on the higher of price or market value |
Subsale · by stage
Six stages from viewing to keys
Most subsale risk is decided before you pay a deposit: restrictions on the title, the owner’s arrears and the condition of the unit. Finish Stage 1 before you make an offer.
1Stage 1
Before you book
Before you make an offer, search the title, check for caveats and arrears, inspect the unit and verify the agent's registration.
Types of Property in Malaysia: Landed, Condo, Serviced Apartment, SOHO/SOFO/SOVOTypes of property in Malaysia explained: terrace, semi-D, condo, serviced apartment, SOHO/SOFO/SOVO, commercial-title costs and the 8% foreign duty.Freehold vs Leasehold in Malaysia: Remaining Tenure, Lease Renewal and ConversionFreehold vs leasehold Malaysia: read tenure off the title code, how a short lease affects your loan, and renewal under NLC s.90A with an RM66,825 example.Land Title Types in Malaysia: Strata, Individual, Master Title, Residential vs Commercial, Bumi Lot and Malay ReserveLand title types in Malaysia: GRN, PN and HSD codes, strata vs individual title, why a master title slows a subsale, land use and Bumi lots, in 6 checks.New vs Subsale Property in Malaysia: 10 Things to CompareNew vs subsale property in Malaysia: 10 things to compare, from HDA protection and cash flow to rental, loans and legal fees, with a RM500k cost example.How to Choose a Property in Malaysia: Value Factors and Condo Unit Selection TipsHow to choose a property in Malaysia: location, transport, tenure, supply and fees, plus NAPIC's 33,094 unsold homes in H1 2026 and a 4.8% yield example.Subsale Due Diligence in Malaysia: Title Search, Caveats, Arrears & InspectionSubsale due diligence in Malaysia: a Johor land title search costs about RM40 (private) or RM120 (official). Check charges, caveats, arrears and condition.Property Agent Fees in Malaysia: REN vs REA vs PEA, How to Verify & Who PaysProperty agent fees in Malaysia are capped at 3% of the price (min RM1,000), usually paid by the seller. How to verify a REN, REA or PEA, plus letting fees.Property Valuation in Malaysia: Bank Valuation & Where to Check Transacted PricesProperty valuation in Malaysia: what a RM30k valuation shortfall costs you, valuation fees, and how to check transacted prices on NAPIC before you offer.Auction Property in Malaysia (Lelong): Process, Risks & FinancingBuying auction property in Malaysia: court auctions need a 10% bank draft deposit and the balance within 120 days, or the deposit is forfeited. LACA vs court.How Much Money Do You Need to Buy a House in Malaysia? Down Payment, Margin of Finance and Upfront CostsHow much money do you need to buy a house in Malaysia? For a RM500k home: 10% down plus stamp duty and legal fees, about RM70k new or RM74k subsale.First-Time Home Buyer Malaysia 2026: Stamp Duty Exemption, Tax Relief, SJKP and Government SchemesFirst-time home buyer Malaysia 2026 guide: no stamp duty up to RM500k until end-2027, up to RM7,000 tax relief on loan interest, SJKP, PR1MA, RMMJ and EPF.Overseas Malaysians Buying Property Back Home: Singapore PR, Foreign Income, EPF and DocumentsOverseas Malaysians stay citizens: no state consent, citizen stamp duty of 1-4%, first-home relief to 31 Dec 2027, EPF withdrawal and foreign-income loans.What House Price Can Your Salary Afford in Malaysia? (2026 Table)How much house can I afford in Malaysia? At an illustrative 4% over 35 years, RM5,000 net income supports about RM501,000. Full salary table plus cash needed.Affordable Housing Schemes in Malaysia 2026: Income Limits, Price Caps and Resale RestrictionsAffordable housing Malaysia 2026: PR1MA, Residensi Wilayah, Rumah Selangorku, RMMJ, PPR and SJKP compared – income limits, price caps, moratoriums.Rent or Buy in Malaysia? The Numbers, Not the OpinionsRent or buy in Malaysia? A RM500,000 home costs RM74,075 upfront and about 9.4% of price to buy and sell. Worked 2026 break-even, deposits and tenancy duty.Property Scams in Malaysia: Fake Agents, Fake Owners, Payment Diversion and How to CheckProperty scams in Malaysia and the 3 checks that stop them: verify a REN on the LPPEH register, run an official title search, confirm bank details by phone.Buying Property Under a Company (Sdn Bhd) in Malaysia: Tax, Financing and When It Makes SenseBuying property under a company in Malaysia: an Sdn Bhd pays 10% RPGT from year six, is capped at 60% financing, and gets no first-home stamp duty relief.Choosing the Right Unit: Floor, Orientation, Density, Flood Risk — and Feng Shui for Chinese BuyersCondo unit selection in Malaysia: MS 2680:2017 on west-facing heat, floor level, density, flood checks, maintenance fees — and feng shui, honestly framed.Property Viewing Checklist for Malaysia: Show Units, Subsale Walk-Throughs and the Questions That Get Real AnswersProperty viewing checklist Malaysia: why a show unit is not the delivered spec (Schedule G/H, 2% area tolerance), 12 subsale checks and the arrears questions.Flood and Hillslope Risk Before You Buy in Malaysia: What You Can Actually CheckFlood prone area check Malaysia: no public flood hazard map exists by address, so use the JPS annual flood report, the local plan, slope classes and insurers.Serviced Apartments and SOHO in Malaysia: the Real Cost of Commercial TitleServiced apartment vs condo Malaysia: Johor Bahru assessment 0.22% vs 0.08%, non-domestic water about 4x, and a worked annual holding gap of RM2,388.Bumi Lots and Malay Reserve Land in Malaysia: Who Can Buy, Release and ResaleBumi lot vs Malay Reserve land: who may own each, the Sekatan Kepentingan wording, Selangor's published 7% release mechanism, and the loan and resale effects.Buying Land and Building a House in Malaysia: Titles, Approvals and FinancingBuying land and building a house in Malaysia: read the title first, convert under s.124, planning permission, CIDB contractors, staged financing and the CCC.How to Choose an Area in Johor Bahru or Kuala Lumpur: A Data-Based MethodChoose an area in Johor Bahru or KL from published data: NAPIC H1 2026 overhang (Johor 4,222 homes, 9,946 serviced apartments), price indices, rail status.Will House Prices Drop in Malaysia? What the Published Data Can and Cannot Tell YouWill house prices drop in Malaysia? The H1 2026 figures: index +0.9% a year, average RM506,317, Johor +3.6% but Selangor -1.1%, 33,094 homes unsold.Malaysia Property Overhang Explained: NAPIC's Three Categories and Two Nine-Month ClocksMalaysia property overhang explained: NAPIC's three categories, the two nine-month clocks, 33,094 homes unsold in H1 2026, and how to check your district.What Does the JS-SEZ Mean for a Homebuyer? The Answer, Checked Line by LineWhat the JS-SEZ gives an individual homebuyer, checked line by line: nothing. The 40% stamp duty remission is commercial only, and Johor's costs rose twice.The RTS Link: Opening Date, Fare and What Is Actually ConfirmedRTS Link opening date and fare, as at 1 October 2026: neither announced. Confirmed: two stations, 4 km, co-located CIQ. Not announced: fare, hours, frequency.Should You Wait for Budget 2027 Before Buying a House in Malaysia?Budget 2027 is tabled on 9 October 2026, but the first-home stamp duty exemption and the section 46B loan interest deduction already run to 31 December 2027.
2Stage 2
Booking & the home loan
Booking, applying for the bank loan, reading the letter of offer — plus EPF, interest rates and insurance that decide your instalment.
EPF Withdrawal for Housing in Malaysia: Akaun Sejahtera Rules and StepsEPF withdrawal for housing in 2026: take price minus loan plus 10% from Akaun Sejahtera if under 55 with RM500. All 6 withdrawal types, examples and steps.Home Loan Application in Malaysia: Every Step from Pre-Approval to DisbursementHome loan application in Malaysia made simple: 8 steps from pre-approval to disbursement, up to 90% margin, 35-year tenure and a RM450k cost example.Home Loan Documents Malaysia: Checklist for Salaried, Self-Employed and Malaysians Working OverseasHome loan documents Malaysia checklist: 3–6 months' payslips and statements for salaried, SSM, 2 years' Form B and 6–12 months' statements for self-employed.DSR in Malaysia, CCRIS and CTOS Explained: Why Home Loans Get RejectedDSR in Malaysia explained: calculated on net income, usually capped at 60%–70%. Plus CCRIS 12-month records, CTOS scores (300–850) and loan rejection fixes.Bank Letter of Offer in Malaysia Explained: Interest Rate, Lock-in and Clauses to CheckBank letter of offer in Malaysia: check the loan amount, SBR plus spread, 2%–5% lock-in penalties, financed MRTA and deadlines, with worked RM examples.Home Loan Interest Rate in Malaysia: How OPR, SBR, BR and BLR WorkHow your home loan interest rate in Malaysia is set in 2026: OPR at 2.75%, SBR vs BR vs BLR, and how a 0.25% change moves a RM400k instalment by about RM60.Flexi Loan vs Term Loan in Malaysia: Semi-Flexi, Lock-In Periods and Islamic FinancingFlexi loan vs term loan in Malaysia: which saves more? RM300 extra a month saves about RM97,900 on RM400k. Plus lock-in fees of 2%–5% and 2025 bank changes.MRTA vs MLTA in Malaysia, and the Home Insurance Your Bank Actually RequiresMRTA vs MLTA in Malaysia: single premium with reducing cover vs monthly premium with level cover, about 7x the cost in one example. Plus fire and houseowner.Making an Offer on a Subsale Property: Letter of Offer, Earnest Deposit & NegotiationThe earnest deposit on a Malaysian subsale is usually 2%–3%, topped up to 10% at the SPA. What your offer must say, refund rules and a RM500k example.Second and Third Home Loans in Malaysia: How the 70% Margin Rule WorksA third property loan in Malaysia is capped at a 70% margin by BNM's 2010 measure, counting outstanding loans. A RM500,000 third home needs RM172,225 cash.Joint Property Purchase and Joint Home Loan in Malaysia: Shares, Exits and Adding or Removing a NameJoint home loan Malaysia: the title holds undivided shares with no survivorship, the loan sits on both CCRIS profiles, and one prior owner ends the exemption.How to Improve Your CCRIS Before a Home Loan in Malaysia: CTOS, PTPTN and Car LoansHow to improve your CCRIS before a home loan: it shows only 12 months and only live accounts, and updates on the 10th. A free check and a 6-month plan.How to Choose a Home Loan in Malaysia: SBR, Spread, Lock-in and Fee PackagesComparing home loans in Malaysia? The SBR is identical at every bank and equals the OPR, so only the spread differs, and BNM's 2026 framework bars raising it.Buying an Older Property in Malaysia: Loan Tenure, Valuation and What Gets RejectedBuying a 20-year-old subsale unit? No bank and not BNM publishes an 'age plus tenure' rule. What is published, plus the valuation shortfall maths in cash.
3Stage 3
Signing the SPA
The SPA, the loan agreement, stamp duty and legal fees — understood clause by clause before you sign.
Stamp Duty Malaysia 2026 and Legal Fees: How to Calculate (with Examples)Stamp duty Malaysia 2026: MOT rates 1%–4%, 0.5% on loans, 8% for foreigners, first homes to RM500k exempt, plus SRO 2023 legal fees and worked examples.Signing the SPA and Loan Agreement: What Each Lawyer Does and What to BringSigning the SPA in Malaysia: what each lawyer does, what to bring, and SRO 2023 fees of 1.25% on the first RM500k, with a RM500,000 worked example.Subsale SPA in Malaysia: 3+1 Month Completion, Differential Sum & Key ClausesA subsale SPA in Malaysia usually means a 10% deposit and 3+1 months to complete, with late interest often 8%. Worked examples, key clauses and default rules.Power of Attorney for Property Transactions in Malaysia: Signing from OverseasUsing a power of attorney for Malaysia property? It must be stamped and registered at the High Court and can be signed abroad before a notary. 6 safety tips.Backing Out of a Property Purchase in Malaysia: Booking Fees, SPA Default and What It CostsCancelling an SPA in Malaysia: booking fees are barred by reg 11(2), the one exit is 1% for an income-based loan rejection, and buyer default forfeits 10%.Stamp Duty Self-Assessment in Malaysia (STSDS): What Actually Changed for Buyers in 2026Stamp duty self-assessment (STSDS) in Malaysia: your loan agreement has been self-assessed since 1 Jan 2026, but the MOT only follows on 1 Jan 2027.
4Stage 4
From SPA to keys
After signing, the lawyers handle stamping, state consent, redeeming the seller's loan, RPGT retention and the transfer — keys come last.
Subsale Transfer Process: State Consent, Form 14A, Redemption & RPGT RetentionThe subsale transfer process in Malaysia takes about 3–4 months: consent, Form 14A, stamp duty, redemption and 3%/7% RPGT retention, with a RM600k example.Caveats and Perfection of Transfer & Charge in MalaysiaCaveat Malaysia guide: the 4 types, why a private caveat lapses after 6 years, how to remove one, and why perfection of transfer (POT/POC) matters.Strata Title Not Issued: Can You Sell, Can You Borrow, and How to Chase the DeveloperStrata title not issued? In Malaysia you can still sell and borrow: the section 8 duty, a RM10,000-RM100,000 fine, 30-day transfer, RM50 consent cap.
5Stage 5
After you get the keys
Inspection, utilities, assessment and quit rent, renovation, renting out, refinancing, selling and inheritance.
Should You Refinance a Home Loan in Malaysia? Costs, Break-Even and What to Do After Full SettlementShould you refinance a home loan in Malaysia? A 0.5% cut on RM350k saves about RM97 a month but needs ~71 months to recover full costs. Plus Form 16N steps.After Buying a House in Malaysia: Utilities, Assessment Tax, Quit Rent, Insurance & Management ChecklistAfter buying a house in Malaysia: TNB deposit of about 2 months' bills, water account transfer, 3-month council notice, 31 May quit rent deadline. JB and KL.Renovation Permit Malaysia: Council Permits, Condo Management Rules & Contractor TipsRenovation permit Malaysia: when landed homes need council approval, why condos need written management approval, MBJB fee example and how to check CIDB.Renting Out Property in Malaysia: Tenancy Stamp Duty, Rental Income Tax and the Letting ProcessRenting out property in Malaysia: the RM2,400 tenancy stamp duty exemption ended 1 Jan 2025, self-assessment started 2026. Rates, examples, penalty waiver.Selling Property in Malaysia: RPGT Rates 2026, Seller Costs and Step-by-Step ProcessSelling property in Malaysia in 2026: RPGT is 0% for citizens after year 5, buyers retain 3% or 7%, file within 60 days. Full RM600k example and seller costs.Wills and Property Inheritance in Malaysia: Joint Ownership and What Happens Without a WillProperty inheritance in Malaysia: with no will, the Distribution Act gives spouse 1/4, children 1/2, parents 1/4. Wills, probate and joint owners explained.Rental Yield in Malaysia: Gross vs Net, and What Landlords Actually KeepRental yield Malaysia, done properly: gross is rent over price, but after maintenance, assessment, commission, vacancy and tax a 5.28% JB condo nets 3.18%.Love and Affection Transfer in Malaysia: Stamp Duty Relief, RPGT and the Full ProcessLove and affection transfer Malaysia: 100% stamp duty exemption on the first RM1m of value, 50% remission above, plus RPGT rules, Form 14A and the process.Renovation in Malaysia: Budgeting, Financing and the Approvals You NeedRenovation loan Malaysia 2026: four ways to pay compared, HCGS-MADANI's shared 20% envelope, when a bank releases the money, and the approvals you need.Renting Out Your Property in Malaysia: Rent, Tenants, Tenancy Agreement and HandoverRenting out property in Malaysia: pricing the rent with no official index, the 1.25-month letting fee, the 1+2+0.5 deposit and 2026 tenancy stamp duty.Making a Property Insurance Claim in Malaysia: Leaks, Fire, Flood and What You Actually GetHow a property insurance claim works in Malaysia: 15 days on a fire policy, 30 on houseowner cover, a 14-working-day adjuster report, FMOS up to RM250,000.Small Estate Distribution in Malaysia: Transferring Property When There Is No WillSmall estate distribution in Malaysia: no will and an estate under RM5 million means applying to JKPTG via MyLand. Documents, enquiry and JKPTG's 4-6 months.A Living Trust in Malaysia or a Will? What a Trust Does and Does Not Do for PropertyA living trust in Malaysia skips probate for assets transferred in, but moving a house into it does not avoid stamp duty or RPGT. Costs, law and the limits.Short Term Rental Malaysia: Is Airbnb Legal? By-Laws, Local Rules and TaxShort term rental Malaysia: no federal STRA law is in force, two appeal courts disagree on whether a JMB or MC can ban Airbnb, RM10 tourism tax applies.The Annual Cost of Owning a Johor Condo as a Singaporean: The Full Holding-Cost SheetThe annual cost of owning a Johor condo as a Singaporean: about RM246 a year on an empty unit, MBJB assessment at 0.08% or 0.22%, and 30% tax on rent.Does a Landlord Need to Issue an e-Invoice in Malaysia? No, if You Let as an IndividualA landlord e-invoice answer with sources: an individual letting residential property issues none, but a business tenant must raise a self-billed e-Invoice.
6Stage 6
Repairs & property management
The Strata Management Act, JMB/MC, maintenance fees and sinking fund, by-laws, common-property defects and leaks.
Strata Management Act 2013 Explained: JMB, MC, COB and Your RightsStrata Management Act 2013 in plain English: JMB within 12 months of VP, MC after 25% of share units transfer, COB powers, tribunal claims up to RM250,000.Maintenance Fees & Sinking Fund in Malaysia: How They're Calculated and What Happens If UnpaidMaintenance fee and sinking fund in Malaysia: charges follow share units, sinking fund is at least 10%, and arrears carry 10% interest and fines to RM5,000.Strata By-Laws in Malaysia: Pets, Renovation, Short-Term Rentals & FinesStrata by-laws Malaysia: no blanket pet ban, additional by-laws need a special resolution, fines cap at RM200, and whether a condo can ban Airbnb is unclear.Water Leakage From Upstairs & Common Property Defects in Malaysia: Who PaysWater leakage from upstairs in Malaysia: the law presumes where the defect is, not who pays. Inspection within 7 days, Form 28 within 5, repairs within 7.When Strata Management Fails: JMB/MC Elections, Proxies and the Strata Management TribunalStrata Management Tribunal Malaysia: file claims up to RM250,000. How JMB and MC elections, share-unit voting, proxies and a 25% EGM requisition work.Urban Renewal Bill Malaysia: Can My Old Condo Be Redeveloped Without My Consent?The Urban Renewal Bill was withdrawn by Cabinet on 23 Jan 2026, so there is no Urban Renewal Act. What can force a sale of your old condo, and what cannot.
Ask Louis directly
Send me the address and the asking price and I will come back with recent transactions, the arrears list to check and how to pitch your offer.
I'll pull recent transacted prices in the same project or area for you, plus a pre-offer checklist.
FAQ
Frequently asked questions
How much deposit do I pay for a subsale property?
By market practice, 10% in total: a 2–3% earnest deposit with your offer, and the remaining 7–8% when the SPA is signed. It is convention, not law, so it can be negotiated. See making an offer on a subsale property.
How long does a subsale take from SPA to keys?
Most SPAs give the buyer 3 months to pay the balance, plus a 1-month extension with late-payment interest (commonly 8% a year, some up to 10%). Where the title needs state consent, the completion period usually starts only once consent is granted.
Why does the buyer retain 3% of the price for LHDN?
Under the Real Property Gains Tax rules, the buyer must retain 3% of the price (7% if the seller is neither a citizen nor a PR) and pay it to LHDN within 60 days of the disposal date. The buyer’s lawyer normally handles this. See the subsale transfer process.
What should I check before buying a subsale property?
At least three things: a title search (registered owner, charges, caveats and restrictions in interest), arrears (maintenance, assessment, quit rent, utilities) and the unit’s condition (leaks, unapproved renovations). The checklist is in subsale due diligence.
Who pays the agent's commission on a subsale?
Usually the seller who appointed the agent. The statutory scale caps sale commission at 3% of the price, and only a Registered Estate Agent (REA) firm may charge fees. How to verify an agent: REN, REA and commission.
Louis Koh
11 years in Malaysian property · Johor Bahru & Kuala Lumpur · English & 中文
I help local buyers and cross-border buyers from Singapore with new and subsale property. Every figure in these guides is sourced; when a rule changes, I update the page and date it.
Verified: 2026-09-20. This guide is general information, not legal, tax or financial advice. Rules and rates change — confirm in writing with your lawyer, bank or the relevant authority before you sign.
Stuck on this step? Ask me directly
Send me your situation — new or subsale, budget, state, and where you are in the process — and I will tell you what to do next and what to watch for.
I'll pull recent transacted prices in the same project or area for you, plus a pre-offer checklist.
Louis Koh · 11 years in Malaysian property · +60 10-906 6685 · replies 9am–10pm MYT