Changes to property-related legal fees from 15 March 2017

The Solicitors’ Remuneration (Amendment) Order 2017 (“SRAO”) has been gazetted and will be in force from 15 March 2017.

The SRAO makes several important changes to the Solicitors’ Remuneration Order 2005 (“SRO”), which sets out the fees payable to lawyers in property transactions, including —

  • sale and purchase transactions (subsale and developer transactions);
  • leases and tenancies; and
  • charges, debentures, and other security or financing documents.

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Ideating the future — how DIY legal documents for conveyancing transactions can become the new reality

This post is the final post in the series.

Please read the following earlier posts for context:

  1. DIY legal documents for conveyancing transactions — can we really do it without lawyers?
  2. DIY legal documents for conveyancing transactions — why some people think you don’t need lawyers in a sale and purchase of property.
  3. DIY legal documents for conveyancing transactions — understanding the basics of a sale and purchase property.
  4. DIY legal documents for conveyancing transactions — sale and purchase and loan agreements.
  5. DIY legal documents for conveyancing transactions — time for a reality check.

From what we’ve discussed so far, it’s obvious that currently the ideal is very far from reality.

The conveyancing ecosystem in Malaysia means that a non-lawyer intending to complete a sale and purchase agreement without a lawyer will end up entering a maze. It’s dangerous, it’s complicated, and it’s impossible.

Ideating the future of a conveyancing transaction.
Ideating the future of a conveyancing transaction.

I’m sure that the organisers know this — that “DIY conveyancing” isn’t possible now. But the purpose of the project is to ideate solutions for the future.

What needs to change for DIY conveyancing to be possible? Hopefully CALR and others can come up with some solutions. Here are my quick thoughts before everyone gets to ideating.

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When should a startup hire a lawyer?

This post is a part of a series based on my Law for Startups workshop at MaGIC in September 2015. It’s a basic introduction to legalities for startup founders. You can access the slides here.

Read the earlier posts for context:

  1. Law for startups in Malaysia — building on the best foundations.
  2. The legal landscape in Malaysia for startups — a hybrid of traditional corporate practices and Silicon Valley models.
  3. Choosing the right business vehicle for your startup or small business in Malaysia.

As with any business venture, startups need to get good professional advice from experts. Typically these advisors will cover legal, financial, and tax advice.

Time to lawyer up!
Time to lawyer up!

Lawyers have a bad reputation

Most people would prefer if they could avoid dealing with lawyers. When there’s a negotiation or discussion and people say get the lawyers involved, suddenly everyone gets a bit more serious and defensive.

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DIY legal documents for conveyancing transactions — sale and purchase and loan agreements

This post is part of an on-going series. Please read the following earlier posts for context:

  1. DIY legal documents for conveyancing transactions — can we really do it without lawyers?
  2. DIY legal documents for conveyancing transactions — why some people think you don’t need lawyers in a sale and purchase of property.
  3. DIY legal documents for conveyancing transactions — understanding the basics of a sale and purchase property.

THE SALE AND PURCHASE AGREEMENT

Having considered all of the basic issues which would arise in a normal sale and purchase transaction, we come down to the most important document — the sale and purchase agreement.

Taking the attendees through basic conveyancing issues.
Taking the attendees through basic conveyancing issues.

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DIY legal documents for conveyancing transactions — understanding the basics of a sale and purchase of property

This post is part of an on-going series. Please read the following earlier posts for context:

  1. DIY legal documents for conveyancing transactions — can we really do it without lawyers?
  2. DIY legal documents for conveyancing transactions — why some people think you don’t need lawyers in a sale and purchase of property.

In the previous post, we’ve seen how the over-simplified concept of the conveyancing process — the ideal in their minds — leads some to think that it isn’t necessary for lawyers to be part of the process.

Let’s now take a quick tour of some of the basic issues that come up in a conveyancing process so that we can appreciate the reality of a sale and purchase transaction.

Those who think you can complete a conveyancing transaction without a lawyer please raise your hands.
Those who think you can complete a conveyancing transaction without a lawyer please raise your hands.

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