Purchasing a property, especially for first-time homebuyers, can be overwhelming with all the paperwork involved.
Out of the many documents that enable the sale of a property, one of them is the Memorandum of Transfer (MOT).
In this post, we will outline everything you need to know about the Memorandum of Transfer or Form 14A!
All You Should Know About Memorandum of Transfer
- 1. What is a Memorandum of Transfer?
- 2. What are the Stages Involved Before the Registration of the Memorandum Of Transfer?
- 3. What if the Individual or Strata Titles are Not Ready Yet at the Time of Purchase ?
- 4. What are the Fees Associated with the Memorandum of Transfer?
- 5. When Do I Pay The Stamp Duty Fee For The Memorandum of Transfer?
1. What is a Memorandum of Transfer?
A Memorandum of Transfer (MOT) is a document that stipulates the transfer of ownership from the developer or seller to the buyer.
The MOT consists of the details of the buyer, seller, and land title details for the state authorities’ reference.
In short, this is the document that represents a significant step on your journey to becoming the legal owner of this property.
Once this is duly registered with the relevant state authority, the property is officially yours!
2. What are the Stages Involved Before the Registration of the Memorandum Of Transfer?
Before registering for the MOT, there are a few stages that a buyer needs to go through.
1. Finding a suitable home loan and lawyer
As a buyer, it’s important that you find the best mortgage loan (in the event you need to finance your purchase of property) for you, and a lawyer is required to assist you in the whole transaction, including:
- Drafting the Sales and Purchase Agreement (SPA)
- Loan documents
- Stamping of the relevant documents
- Filing to LHDN
- Application for state authority’s consent approval (if any)
- Registration of your new ownership with the relevant state authority
The appointment of a representing lawyer is required by the banks and you don’t have to go through all the hassle and headache of documentation, especially if you’re in the dark about it.
2. Letter of Offer (LO)/Booking Form/Letter of Confirmation for Sale
This document is the first step in your property purchasing journey.
This is the document that indicates the buyer’s desire to purchase and the seller’s willingness to sell.
This letter accounts for the relevant furnishings that come with the property, the agreed selling price, the agreed earnest deposit, the timeframe on when the SPA should be signed and any other pre-agreed conditions between the buyer and the seller.
3. Sales and Purchase Agreement (SPA)
The SPA is an important document that lists down the terms and conditions of the sale and purchase transaction such as the timeframe of transfer, condition of the property’s title, ownership of the property, guarantees and warranties by the parties, as well as other terms relevant to the sale of the property.
4. Facility Agreement
The Facility Agreement is the main loan agreement that you sign with your bank to confirm your mortgage loan.
This would be separate from the SPA and may require the involvement of a different lawyer. We recommend checking with your designated bank for their panel lawyer list before making an appointment.
5. Memorandum of Transfer
Finally, you get to sign the Memorandum of Transfer (MOT), also known as Form 14A! The MOT is the official instrument for transferring ownership of the property on the title deed to your name.
Upon successful registration of the MOT with the relevant state authority, a new title deed reflecting your ownership will be issued. This process legally confirms your ownership of the property.
3. What if the Individual or Strata Titles are Not Ready Yet at the Time of Purchase?
In case the Master title has not been divided into individual title or strata title at the time of purchase, a Deed of Assignment (DOA) will be signed by the seller and buyer as a transfer of beneficial ownership.
Kindly keep all the principal agreements that you have signed prior to the issuance of individual title or strata title as they served as the supporting proof of the transfer of beneficial ownership.
Failure to keep the chain of beneficial ownership complete may result in failure of registration with the relevant state authority when the individual title or the strata title has been issued.
Upon issuance of the individual title or strata title, both the seller and buyer would need to sign the MOT prepared by the lawyer.
The MOT will then be registered with the relevant state authority.
4. What are the Fees Associated with the Memorandum of Transfer?
As with everything, the MOT comes with a cost. Being one of the most important documents in the property purchase process, the MOT comes with an ad valorem stamp duty charge.
The stamp duty is payable upon stamping of the MOT, which will happens before transfer of the title deeds to your name.
Here’s a breakdown of the stamp duty fees due upon stamping of the MOT:
| House price | Stamp duty fee |
| First RM100,000 | 1% |
| The next RM400,000: RM100,001 – RM500,000 | 2% |
| RM500,001 – RM1,000,000 | 3% |
| RM1,000,001+ | 4% |
To paint a clearer picture of the calculation, let’s say a property was purchased at RM800,000. What will be the stamp duty fee imposed on the buyer?
For the first RM100,000 = RM100,000 x 1% = RM1,000
For the next RM400,000 = RM400,000 x 2% = RM8,000
For the remaining amount = RM300,000 x 3% = RM9,000
Total stamp duty imposed: RM1,000 + RM8,000 + RM9,000 = RM18,000
In this case, the buyer has to pay RM18,000 for the stamp duty.
As evident, the stamp duty fee can be quite a hefty sum. Luckily, the government currently provides stamp duty exemption, which is also given for the transfer of property by way of love and affection, which will be briefly mentioned below.
5. When Do I Pay The Stamp Duty Fee For The Memorandum of Transfer?
In most cases, the MOT is prepared alongside the Sales and Purchase Agreement (SPA) and relevant loan documents when a bank loan is taken out to purchase a property.
However, it is important to note that if you are purchasing from a developer and the property is still under construction, the developer may not issue this MOT at the time of purchase until the land titles have been issued.
The buyer is responsible for the stamp duty fee, and not the seller. If the stamp duty is not paid, the transfer of ownership cannot be executed.
Property Transfer Between Family Members
Although it sounds romantic, the transfer of ownership of property between family members is legally recognized in Malaysia under the consideration of ‘love and affection’. In this case, stamp duty fees can either be partially or fully waived!
Property transfers between spouses get to benefit from a 100% stamp duty exemption.
Transfers between (i) parents and child, and (ii) grandparents and grandchild, are subject to a different exemption. The first RM1,000,000 of the property value is exempt from stamp duty, the remaining balance receives a 50% exemption.
Unfortunately, there is no stamp duty exemption for transfers between siblings and/or relatives.
The MOT is still required to be stamped and adjudicated in these cases, just as it would in a property purchase.
And there you have it! Learning about the Memorandum of Transfer can be a lot to take in, but once you’ve gone through the process, you’ll find that it’s simpler than you think. We hope you gain some peace of mind after being informed about one of the main documents involved in a property purchase.
If you’re interested to become a successful real estate negotiator, don’t hesitate to be a part of our amazing team!
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