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PRACTICE AREA Step-by-step CHECKLIST
Sub-sale of Property WITHOUT TITLE – Vendor .1.
File
reference:
DISCLAIMER
This
Checklist
is
only
intended
to
provide
a
general
overview
of
the
matters
that
should
be
considered
in
managing
your
case/transaction.
The
information
provided
in
this
Checklist
is
not
intended
to
be
legal
advice.
Many
factors
may
affect
the
applicability
of
any
steps
or
procedures
set
out
here
to
your
case
and
consequently
you
should
apply
your
own
discretion
or
seek
appropriate
advice
(where
applicable)
before
relying
on
these
procedures.
Date
Date
DUE
DONE
Remarks
1.1
Ensure
there
is
no
conflict
of
interest
or
potential
conflict
of
interest.
Note:
The
firm
must
not
act
or
purport
to
act
for
both
the
Vendor
and
the
Purchaser
in
the
same
transaction.
My notes…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor .2.
Date
Date
DUE
DONE
Remarks
2.2
Conduct
search
on
the
master
title
on
which
the
property
is
situated
or
contact
the
developer
for
details
of
master/strata
title
(if
issued).
a.
Date
search
requested:
b.
Date
search
results
received:
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor .3.
Date
Date
DUE
DONE
Remarks
A. Vendor(s):
i.
ii.
My
notes…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor .4.
Date
Date
DUE
DONE
Remarks
B. Purchaser(s):
i.
ii.
2.6
Finalise
draft
Sale
and
Purchase
Agreement
and
Deed
of
Assignment
with
Vendor
and
the
Purchaser’s
solicitors.
This
may
comprise
several
rounds
of
negotiations
and/or
several
exchanges
of
the
draft
Sale
and
Purchase
Agreement
and/or
Deed
of
Assignment
between
the
parties.
At
all
times,
be
mindful
of
the
deadline
to
execute
the
Sale
and
Purchase
Agreement
(See
Section
1.2.1
above).
It
may
be
necessary
to
seek
or
agree
to
an
extension
of
the
deadline
for
executing
the
Sale
and
Purchase
Agreement
if
it
is
apparent
that
the
deadline
may
not
be
achievable.
My notes…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor .5.
Date
Date
DUE
DONE
Remarks
3.1
Execution
of
Sale
and
Purchase
Agreement
and
Deed
of
Assignment,
CKHT
forms/Form
I/J
etc/foreigners
apply
for
consent
by
the
Purchaser
and
issuance
to
the
Vendor/Vendor’s
solicitors,
as
the
case
may
be,
of
payment
of
the
deposit,
if
any,
towards
the
purchase
price
by
the
Purchaser.
3.2
Execution
of
Sale
and
Purchase
Agreement
and
Deed
of
Assignment,
CKHT
forms/Form
I/J/DRR
(See
section
6.3.5
below)
by
the
Vendor
and
receipt
of
the
deposit,
if
any,
towards
the
purchase
price
by
the
Vendor/Vendor’s
solicitors,
as
the
case
may
be.
Settlement
of
bill
by
Vendor.
4.1
Where
the
sale
and
purchase
is
subject
to
the
fulfilment
of
any
conditions
precedent
(eg
the
Purchaser
obtaining
the
Developer’s
confirmation
pursuant
to
section
22D
of
the
HDA
(in
respect
of
housing
accommodation
within
the
meaning
of
the
said
Act),
the
approval
of
the
State
Authority,
Economic
Planning
Unit
(“EPU”)),
note
the
deadline
for
the
fulfilment
of
conditions
precedent.
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor .6.
Date
Date
DUE
DONE
Remarks
4.2
Note
also
the
conditions
precedent
to
be
fulfilled,
the
party
responsible
for
the
attendance
to
each
of
the
conditions
precedent
and
any
individual
deadlines
to
be
observed
in
respect
of
the
fulfilment
of
the
individual
conditions
precedent
and/or
the
submission
of
any
relevant
application
thereto.
You
may
list
the
conditions
precedent
(“CP”)
here
and
mark
the
deadlines,
if
any
(*
strike
out
as
appropriate).
Condition
Precedent:
Party
responsible
for
attendance
to
CP:
a.
Vendor/Purchaser
*
Date
submitted:
Date
approval
obtained/CP
fulfilled:
b.
Vendor/Purchaser
*
Date
submitted:
Date
approval
obtained/CP
fulfilled:
c. Vendor/Purchaser *
Date
submitted:
Date
approval
obtained/CP
fulfilled:
My notes…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor .7.
Date
Date
DUE
DONE
Remarks
5. PURCHASE PRICE
b. Deposit: RM
My
notes…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor .8.
Date
Date
DUE
DONE
Remarks
Event:
Number
of
extra
days:
i.
ii.
iii.
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor .9.
Date
Date
DUE
DONE
Remarks
6. RECEIPT OF BALANCE PURCHASE PRICE AND REDEMPTION OF PROPERTY, IF APPLICABLE
6.2
Property
is
not
assigned
and
the
Purchaser
is
obtaining
a
loan
Where
the
property
is
not
assigned
to
a
financial
institution
and
the
Purchaser
is
obtaining
a
loan
to
complete
the
purchase:
My notes…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 10 .
Date
Date
DUE
DONE
Remarks
My
notes…
www.praktis.com.my
PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 11 .
Date
Date
DUE
DONE
Remarks
6.3
Where
the
property
is
assigned
and
the
Purchaser
is
not
obtaining
a
loan
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 12 .
Date
Date
DUE
DONE
Remarks
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 13 .
Date
Date
DUE
DONE
Remarks
My
notes…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 14 .
Date
Date
DUE
DONE
Remarks
6.4.7
Upon
receipt
of
such
of
the
loan
sum
as
is
required
to
settle
the
redemption
sum
payable
to
the
Assignee,
forward
the
same
to
the
Assignee.
Note:
If
there
is
any
time
frame
prescribed
in
the
Sale
and
Purchase
Agreement
for
the
delivery
of
the
Discharge
Documents
to
the
PF
and
KIV
accordingly.
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 15 .
Date
Date
DUE
DONE
Remarks
c.
KIV
for
release
of
the
balance
of
the
loan
by
the
Completion
Date/expiry
of
the
Completion
Period.
My
notes…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 16 .
Date
Date
DUE
DONE
Remarks
7.4
Upon
the
balance
of
the
purchase
price
being
settled
in
full,
attend
to
the
delivery
of
possession
in
accordance
with
the
relevant
terms
of
the
Sale
and
Purchase
Agreement
as
ascertained
above.
Note:
The
Sale
and
Purchase
Agreement
may
require
that
the
Purchaser
settle
the
sums
apportioned
to
the
Purchaser
first
before
the
Purchaser
is
entitled
to
receive
possession
of
the
property.
8.1
Ascertain
from
the
Sale
and
Purchase
Agreement
as
to
the
relevant
date
for
the
apportionment
of
outgoings
as
between
the
Purchaser
and
the
Vendor
and
calculate
the
sum.
8.2
Notify
the
Purchaser
of
the
sum
due
and
payable
by
him
in
respect
outgoings
apportioned
to
him.
KIV
for
payment.
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 17 .
Date
Date
DUE
DONE
Remarks
10.1
The
Sale
and
Purchase
Agreement
may
in
some
instances
not
complete
but
instead
be
terminated.
Termination
could
be
occasioned
by
non-‐fulfilment
of
conditions
precedent,
breach
by
one
party
for
which
the
other
party
elects
to
terminate
the
Agreement,
non-‐perfection
of
the
deed
of
assignment
in
favour
of
the
Purchaser
or
by
mutual
consent
of
the
parties.
11.1
To
attend
to
the
preparation
and
filing
of
the
relevant
returns
for
the
Vendor
(Form
CKHT
1A
and
if
applicable,
CKHT
3)
in
respect
of
the
disposal
of
the
property
to
the
Director
General
of
Inland
Revenue
Board
within
60
days
of
the
date
of
the
Sale
and
Purchase
Agreement
or
as
otherwise
prescribed
in
the
Sale
and
Purchase
Agreement.
Continue…
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PRACTICE AREA Step-by-step CHECKLIST: Sale & Purchase of Property WITHOUT TITLE – Vendor . 18 .
Date
Date
DUE
DONE
Remarks
My
notes…
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