Sub-Sale Property Malaysia: Step-by-Step Buying Process

New launch showrooms are designed to sell you a dream. Sub-sale properties force you to deal with reality — the actual unit, the actual building condition, the actual tenant, the actual neighborhood at 11pm on a Tuesday. For cashflow investors, that is an advantage, not a drawback.

Sub-sale (secondary market) properties account for roughly 60-70% of all property transactions in Malaysia. Yet most investor education focuses on buying from developers. The sub-sale process is different in timeline, cost structure, risk profile, and legal complexity. If you do not understand these differences before signing your Letter of Offer, you are navigating a six-figure transaction blind.

Why Cashflow Investors Prefer Sub-Sale

Four structural advantages make sub-sale properties the default choice for rental income-focused investors:

1. You can inspect the actual unit. No show unit, no artist impressions. Every defect is visible before you commit.

2. Existing tenants mean immediate cashflow. Some sub-sale properties come with a sitting tenant. You inherit the tenancy and start collecting rent from day one.

3. Established rental demand. You can check actual rental comparables in the same building and verify occupancy rates with the management office — data, not developer projections.

4. No construction risk. Developer delays, abandoned projects, and quality shortfalls are non-issues. The building exists.

The tradeoff: sub-sale properties lack developer rebates and deferred payment schemes. You also inherit any existing issues — aging infrastructure, management disputes, or structural defects. Due diligence is your responsibility.

The 9-Step Sub-Sale Process

Step 1: Property Search and Viewing

Identify properties through online portals (PropertyGuru, iProperty, EdgeProp), agent networks, or direct owner listings. Filter by gross yield first — anything below 5.5% is unlikely to be cashflow-positive under current financing rates.

View the property in person. Check unit condition (walls, floors, wet areas), air conditioning, water pressure, electrical systems, building common areas, lift condition, and the neighborhood at different times of day.

Step 2: Letter of Offer and Earnest Deposit

Once you agree on a price, sign a Letter of Offer (or Offer to Purchase) and pay the earnest deposit. The standard breakdown:

Component Typical Amount Notes
Earnest deposit 2% of purchase price Held by agent or seller's lawyer as stakeholder
Agent booking fee 1% of purchase price Professional fee for the selling agent
Admin / processing fee 0.18% of purchase price Covers administrative costs
Total initial outlay 3.18% of purchase price Payable upon signing Letter of Offer

On an RM 500,000 property, you pay RM 15,900 at this stage.

The earnest deposit is typically non-refundable if you withdraw from the transaction after signing the Letter of Offer. If the seller withdraws, they must refund the deposit (often doubled as compensation, depending on the terms). Read the Letter of Offer carefully — the forfeiture terms should be explicitly stated.

Step 3: Loan Application (2-4 Weeks)

Apply to 2-3 banks simultaneously. Most Letters of Offer give 14-21 days to secure approval. Key parameters: 90% margin (first two residential properties), up to 35 years tenure, and Islamic financing at 3.95-4.15% for better cashflow than conventional at 4.35-4.50%.

The bank will order an independent valuation. If the valuation comes in below the purchase price, you negotiate down, make up the shortfall in cash, or walk away (subject to Letter of Offer terms).

Bank valuations for sub-sale properties can differ by 5-15% from the agreed purchase price. This is especially common in softening markets or for leasehold properties with shorter remaining tenure. Always apply for financing early and treat the bank valuation as a critical checkpoint — not a formality.

Step 4: SPA Signing (Within 14 Days of Loan Approval)

Once financing is approved, the Sale and Purchase Agreement (SPA) is prepared by the seller's lawyer (or a mutually agreed lawyer). The buyer typically has 14 days from loan approval to execute the SPA.

The SPA is the binding legal document that governs the entire transaction. It specifies:

Legal fees for SPA follow a regulated scale under the Solicitors' Remuneration Order 2023:

Property Value Legal Fee Rate
First RM 500,000 1.25% (minimum RM 500)
RM 500,001 to RM 7,500,000 1.00%
Exceeding RM 7,500,000 Negotiable (max 1%)

On an RM 500,000 property, SPA legal fees are RM 6,250 plus disbursements (typically RM 500-1,500 for search fees, photocopying, courier, etc.).

Step 5: Balance 7% Payment

After the earnest deposit (3.18%) and before full loan disbursement, you pay the remaining balance to make up 10% of the purchase price. This is typically due within the SPA-specified timeline (usually 14-30 days of SPA execution).

On an RM 500,000 property:

Step 6: Loan Documentation and Stamp Duty

Your bank's panel lawyer prepares the loan agreement. You sign, and stamp duty is payable on both the SPA (Memorandum of Transfer) and the loan agreement.

Stamp duty breakdown for RM 500,000 property:

Document Calculation Amount (RM)
MOT stamp duty 1% on first RM 100K + 2% on next RM 400K 9,000
Loan stamp duty 0.5% of RM 450,000 (90% LTV) 2,250
Total stamp duty 11,250

Loan legal fees follow the same scale as SPA legal fees but calculated on the loan amount. On a RM 450,000 loan: RM 5,625 plus disbursements.

For a detailed breakdown of stamp duty rates at various price points and available exemptions, see our stamp duty guide.

Step 7: State Consent (If Applicable)

Required for leasehold transfers, foreign buyer purchases, and Malay Reserve Land. Adds 1-6 months and RM 500-2,000 in fees. Freehold properties purchased by Malaysian citizens skip this step entirely — one reason freehold transactions close faster.

Step 8: Transfer and Registration

The seller's loan is discharged, the buyer's bank releases the loan amount, and the Memorandum of Transfer is stamped and registered at the land office. The new charge (buyer's loan) is registered on the title simultaneously. This takes 2-4 weeks for properties with individual title. For master title properties, transfer is via Deed of Assignment with a private caveat filed to protect your interest.

Step 9: Key Handover

The seller delivers vacant possession (or assigns the existing tenancy agreement to the buyer). The buyer receives keys, access cards, and all relevant property documents.

Total timeline estimates:

Property Type Typical Timeline
Freehold with individual title 3-4 months
Freehold with master title (Deed of Assignment) 3-5 months
Leasehold with individual title 4-6 months (state consent adds time)
Leasehold with master title 6-12 months
Foreign buyer purchase 6-12 months (EPU/state consent)

Full Cost Breakdown

Every ringgit you spend on a sub-sale purchase, beyond the property price:

Cost Item Amount / Calculation Typical Range (RM 500K property)
SPA legal fees Scale rates + disbursements RM 5,500 - 6,500
Loan legal fees Scale rates + disbursements RM 5,000 - 6,000
MOT stamp duty Tiered: 1%/2%/3%/4% RM 9,000
Loan stamp duty 0.5% of loan amount RM 2,250
Valuation fee 0.15-0.30% of property value RM 750 - 1,500
Agent fee 2-3% (usually paid by seller) RM 0 (buyer typically pays nothing)
Land search fee Per title search RM 50 - 150
Bankruptcy search Per individual RM 8 - 12
State consent fee (if applicable) Varies by state RM 500 - 2,000
Total buyer costs RM 23,058 - 27,412

As a percentage of purchase price, buyer transaction costs for a sub-sale property are approximately 4.6-5.5% of the purchase price. Add this to your 10% down payment, and you need roughly 15% of the purchase price in cash to complete the transaction.

On an RM 500,000 property, budget RM 73,000-77,000 in total upfront cash (10% down payment + 4.6-5.5% transaction costs).

Sub-Sale vs New Launch: Key Differences

Factor Sub-Sale New Launch (Developer)
Pricing Market price; negotiable Developer-set; rebates and packages available
Inspection Physical unit available Show unit only (actual unit may differ)
Defect risk Visible defects; no developer warranty Developer warranty (24 months Defect Liability Period)
Rental readiness Immediate (can have existing tenant) 3-5 years to completion, then furnishing needed
Financing timeline Loan disbursement at completion (3-6 months) Progressive disbursement during construction
Stamp duty On purchase price or market value (whichever higher) On SPA price; developer may absorb as promotion
SPA terms Negotiable between parties Standard developer SPA (Schedule G/H)
Price discovery Market-driven; comparable data available Developer pricing; limited transparency
Construction risk None (building exists) Delays, abandonment, quality issues possible
Agent fee Paid by seller (2-3%) Paid by developer (1-3%)

For cashflow investors, the sub-sale advantage is clear: skip the 3-5 year construction wait, verify rental demand with actual data, and avoid construction risk entirely.

Individual Title vs Master Title

Individual title (Geran/Pajakan): The property has its own title document. Transfer is registered directly at the land office. Banks strongly prefer these.

Master title only: All units sit on a single title in the developer's name — common for developments less than 5-10 years old. Transfer uses a Deed of Assignment instead. Your lawyer files a private caveat to protect your interest. When strata titles are eventually issued (could be years), the title transfers to your name.

Master title transactions are slower (developer consent may be needed), cost more (additional legal fees), and carry risk if the developer is wound up before issuing strata titles. Prefer individual title where possible.

Due Diligence Checklist

Before committing to any sub-sale purchase, verify:

Property-Level Checks

Legal and Financial Checks

The total cost of pre-purchase due diligence — land search, bankruptcy search, and professional inspection — is RM 500-1,200. That is 0.1-0.2% of the purchase price. Skipping due diligence to save RM 1,000 on a RM 500,000 transaction is the kind of false economy that creates real losses.

Key Risks

Five risks specific to sub-sale transactions: maintenance arrears (include SPA clause requiring seller to clear all arrears; MC can block transfer), caveats on title (your lawyer must ensure removal before completion), seller bankruptcy (bankruptcy search is essential but a risk window exists between search and completion), structural defects (no developer warranty — inspect thoroughly before committing), and negative equity (seller's loan may exceed purchase price, requiring them to bring cash).

Your lawyer's role is to identify and mitigate these risks through the SPA terms. Do not rely on the seller's representations.

Timeline Summary

For a straightforward sub-sale transaction (freehold, individual title, Malaysian buyer):

Stage Duration Running Total
Property search and viewing 2-8 weeks 2-8 weeks
Letter of Offer + earnest deposit 1-3 days 2-9 weeks
Loan application and approval 2-4 weeks 4-13 weeks
SPA preparation and signing 1-2 weeks 5-15 weeks
Balance payment (7%) 2-4 weeks 7-19 weeks
Loan documentation and stamping 2-3 weeks 9-22 weeks
Transfer and registration 2-4 weeks 11-26 weeks
Total: search to keys 3-6 months

Add 2-6 months for leasehold (state consent) or foreign buyer (EPU consent) transactions. Properties without individual title (Deed of Assignment) add another 1-3 months to the documentation stage.

For a broader understanding of the stamp duty component of sub-sale costs, including worked examples at multiple price points, see our stamp duty guide. For legal fee calculations, see our legal fees guide.

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