Frequently Asked Questions (FAQ)

Many people assume that the buyer and seller must use the same lawyer in a property transaction. In reality, each party is generally free to appoint their own lawyer.


While using the same law firm may appear convenient, the buyer and seller often have different interests. A buyer may be concerned about vacant possession, defects, or title issues, while a seller may focus on receiving the purchase price and completing the transaction.

Having separate lawyers means each party receives independent legal advice tailored to their own interests. This can reduce misunderstandings and help ensure that both parties fully understand their rights before signing the Sale and Purchase Agreement.
By appointing your own lawyer, you have someone whose primary responsibility is to protect your interests.

Your lawyer can explain important contractual terms, identify potential risks, advise on timelines, and assist in resolving issues that may arise during the transaction.

Moreover, isn't it ideal to get a lawyer that provides all the updates of your case regularly rather than a lawyer who needs you to knock him/her every time an update is needed.

A property transaction may last only a few months, but its legal consequences can last for many years.
A common misconception among home buyers is that the lawyer handling the bank loan must also be the lawyer handling the Sale and Purchase Agreement.

In fact, these are two separate legal matters. The Sale and Purchase Agreement governs the transaction between the buyer and seller, while the loan documentation governs the relationship between the borrower and the bank.

Buyers may appoint different lawyers for each matter. Some banks may have their own panel requirements for loan documentation, but this does not necessarily prevent a buyer from engaging another lawyer for the Sale and Purchase Agreement.
Many buyers worry that appointing a separate lawyer will significantly increase their legal costs but actually they don't differ much.

However, the more important consideration is whether you are receiving independent advice and adequate attention to your transaction.

When purchasing a property worth hundreds of thousands of ringgit or more, choosing legal representation based solely on convenience may not always be the best approach.
Do not ignore court papers. Missing a deadline may result in serious consequences, including judgment being entered against you without a full hearing on the merits of your defence.

You should have the documents reviewed by a lawyer as soon as possible so that the available options can be assessed and any necessary application or defence can be filed properly. 

Deadline involved can vary depending on the stage of your case but the most common deadline is 14 days upon receipt of the court documents from your opponent.
Possibly. You only have 30 days to act upon receipt of the judgment in default (JID), otherwise, you will need to seek leave of Court to set aside a JID.

A default judgment does not necessarily mean that the matter is beyond remedy. Depending on the circumstances, you may apply to the Court to set aside the judgment. The Court will consider matters such as the reason for the default, how promptly you acted and whether you have a genuine defence to the claim.

As the applicable procedure and requirements can vary, it is important to obtain legal advice quickly once you discover that a default judgment has been entered against you.
Yes. Starting a civil suit does not necessarily mean that the dispute must proceed all the way to trial. Parties can still negotiate and settle a dispute at various stages of the proceedings. It is also very common for Court to send the case to mediation sessions before fixing a trial date.

Depending on the circumstances, a settlement may involve payment by instalments, an agreed sum, withdrawal of the claim or a consent judgment. Early settlement may also help reduce further legal costs and time spent on the dispute.

A good lawyer will be able to advise you on the business risk and also legal consequence of a settlement proposal, so that you could consider both legal and commercial implications before strategizing on the negotiation.
There is no single fixed cost for defending a civil suit. Legal fees depend on factors such as the value and complexity of the claim, the number of parties and documents involved, interlocutory applications, hearings, witnesses and whether the matter proceeds to trial.

Your lawyer should be able to explain the likely scope of work and fee arrangement based on the circumstances of your case. Always get a "worse case scenario" quote from your lawyer so that you could arrange your finance accordingly.

It is generally better to obtain an early assessment of the matter rather than wait until the case has progressed significantly to a stage that it may cause you to spend more than it should in order to rectify the neglected issues.
Generally, a Sdn Bhd company is a separate legal entity from its directors and shareholders, hence, the liability or debts of the company is not automatically attached to the directors and/or the shareholders.

Despite that, a director may still be liable if he/she has given personal guarantees or may become personally liable in particular circumstances depending on the nature of the transaction and the applicable law (involving fraud matters).

If a company has received a Letter of Demand or been sued, directors should not assume that the matter is purely a company issue without first checking whether any personal obligations or guarantees are involved.
The passing of a parent is emotionally overwhelming. Besides arranging the funeral, it is important to gather key documents such as the death certificate, identification documents, property titles, bank account information, and any Will left by the deceased. Seeking proper legal advice early can help avoid delays and ensure the estate is administered correctly.
Family members are not entitled to withdraw funds simply because they are the children or the next-of-kin. A Grant of Probate or Letter of Administration may be required before the estate can be dealt with. Understanding the necessary legal requirements early prevent families from acting out of power.
Many families assume that a property automatically belongs to the children after a parent's passing. NOPE. Until the proper authority is obtained, the property generally cannot be transferred or sold. This often becomes an issue when there is a ready buyer or urgent financial needs.
A Grant of Probate is generally required when the deceased left a valid Will and appointed an executor to manage the estate. The executor applies to the court to obtain legal authority to administer the estate. A Letter of Administration, on the other hand, is typically required when the deceased did not leave a Will or where there is no executor able to act.
Straightforward probate matters can proceed relatively smooth, even if the estate of deceased involve multiple properties or business interests. Lawyers who understand the process and requirements are usually in a better position to deliver results accordingly. We estimate a time-frame of 1 to 2 months to complete the application process from the day papers are file at Court.
A legal retainer is an arrangement where a business engages a law firm on an ongoing basis to provide legal advice and assistance. Instead of approaching a lawyer only when a dispute arises, your business has a lawyer available to advise on matters such as contracts, letters, employment issues, debt recovery, tenancy matters and day-to-day legal concerns. The scope of work and fees will depend on the retainer arrangement agreed between the business and the law firm. You can always choose to prevent budding of issues rather than fixing every issue when it arises.
A legal retainer is not limited to large companies. Our tailor-made SME and small company legal retainer packages may assist you to benefit from having ongoing access to legal advice, particularly where the business regularly enters into contracts, deals with customers or suppliers, employs staff or faces potential disputes. Having legal advice at an early stage may help a business identify and address legal issues before they become more complicated or costly. Whether a retainer is suitable depends on your business activities, the volume of legal work and the level of support you require.
The scope of a legal retainer depends on the agreement with your lawyer. It may cover ongoing legal consultations, reviewing or drafting contracts, advice on business transactions, correspondence with other parties and general legal guidance. Certain matters, such as court proceedings, major transactions or work outside the agreed scope, may be charged separately. Before entering into a retainer, you should understand clearly what services are included, what is excluded and how additional work will be charged.
It can, but there is no one-size-fits-all answer. A retainer may provide more predictable legal costs and allow your business to obtain advice without starting a new engagement every time a legal issue arises. It may also help address problems at an earlier stage, before they develop into more expensive disputes. However, the value of a retainer depends on how frequently your business requires legal assistance and the scope of services included. Your lawyer can advise whether a retainer arrangement makes commercial sense for your business.
Yes. One of the main advantages of an ongoing legal relationship is being able to seek legal advice before making an important decision. You may consult your lawyer before signing a contract, issuing a Letter of Demand, terminating an agreement, commencing proceedings or responding to a legal complaint. Obtaining advice before taking action can help you understand the potential legal and commercial consequences and consider the available options before your position becomes more difficult to change.