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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The complete series: DIY legal documents for conveyancing transactions — the end of lawyers?

We’ve come to the end of the series of posts based on my presentation at The End of Lawyers, the Future of Law, which was the launch event for the Collective of Applied Law and Legal Realism.

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.

My overall conclusion is that obviously conveyancing lawyers aren’t going to be redundant anytime soon, but I’m hopeful for changes which will make the conveyancing process less of a maze. Certainty and clarity will be good for everyone (including lawyers).

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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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DIY legal documents for conveyancing transactions — time for a reality check

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

The earlier posts provided a very quick tour of what’s involved in a basic sale and purchase of property.

We had an ideal earlier about conveyancing being essentially about swapping the keys for money — but what is the reality?

The ideal from an earlier post:
The ideal from an earlier post: “Let’s swap! Who needs lawyers anyway?”

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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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DIY legal documents for conveyancing transactions — why some people think you don’t need lawyers in a sale and purchase of property

I explained the background to this conversation about “DIY legal documents” and the Collective of Applied Law and Legal Realism (CALR) in an earlier post — “DIY legal documents for conveyancing transactions — can we really do it without lawyers?”

As mentioned in that post, I was invited to speak at the launch event and was assigned the session title — What’s wrong with conveyancing and corporate law work?

I’ll be writing about what I shared in relation to conveyancing in four parts (beginning with this post):

  1. Why some people think you don’t need lawyers in a sale and purchase of property.
  2. Understanding the basics.
  3. Sale and purchase and loan agreements.
  4. Time for a reality check.

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