The real estate industry is fast moving and it is one of the most important sectors in the Malaysian economy. Our Real Estate Practice Group is well-versed in drafting and preparing sale and purchase agreements, joint venture agreements and has vast experience in sub-sale transactions for both landed and non-landed properties and mixed developments. Our real estate team also includes seasoned property litigators who regularly handle disputes over property ownership and possession, property fraud, land acquisition, breach of contract, tenancy disputes and other land-related disputes.
Our team’s experience in both property litigation disputes and conveyancing practice gives us a particular advantage and unique insights when advising clients.
Our lawyers play an active role in advising developers, individuals and companies and preparing the relevant documents for various property transactions, including the joint venture and development agreements involving local and foreign investors.
At an international level, we have advised numerous international companies including conglomerates from China and Indonesia and other clients from Singapore, the United Kingdom and Australia.
- Applications for Consent
- Breach of contract
- Deed of receipt and reassignment
- Discharge of Charge
- Entry and Removal of caveats
- Facility/ Loan Agreements
- Forfeiture and lease renewals
- Land acquisitions
- Maintenance and service charge disputes; and Landlord/ Tenant disputes including rental arrears
- Ownership disputes
- Perfection of Transfer and Charge
- Recovery of land
- Sale and Purchase Agreements
- Settlement Agreement (Transfer of Properties and Shares)
- Tenancy Agreements
- Transfer of Property
- Representing and advising clients on disputes relating to termination of co-proprietorship in properties;
- Representing and advising clients on landlord and tenant disputes relating to rent arrears, forfeiture and lease renewals
- Representing and advising clients on disputes relating to the execution of sale and purchase agreement of land;
- Representing and advising clients on breach of contracts relating to real estate;
- Representing and advising clients on partitioning and subdividing of land; and
- Liaising with property valuers.
Some of our notable past experiences are as follows:
- Termination of co-proprietorship in properties
- We represented several applicants who intended to terminate their co-proprietorship of a 4 storey building in Pudu, Kuala Lumpur (“Property”) by way of an order for sale. The co-proprietors have not been on speaking terms for more than a decade over the disputes and disagreements of their rights and entitlements in the Property. In the circumstances, the application was filed on the basis that the impasse between the co-proprietors made it necessary and expedient for the co-proprietorship be terminated.
- Partition of land
- We represented a co-proprietor of a land which has been divided into two (2) portions. On each portion stood a semi-detached house with a common boundary wall. The co-proprietor wished to partition the said land according to the established boundary of the land to obtain a separate register document of title for the semi-detached houses. The High Court found merits in our client’s application and allowed the partition.
- Landlord and tenant disputes
- We represented landlords by issuing Notice of Forfeiture against tenants who failed to pay rent and refused to vacate the premises. The Notice of Forfeiture demanded the tenants to make all payments due and owing to the landlords, failing which the tenancy agreement was deemed terminated.
- On the other hand, we also advised tenants in disputes where the landlords did not adhere to covenants stipulated in the tenancy agreements.
Reviews & Testimonials
- “I am writing to express my thanks and appreciation for the handling a difficult case that was causing me a great deal of stress. Both of you did an excellent job in spite of the complexities and very tedious nature of this case. So glad that I found both of you in my internet search. I have inquired and have gone through previous lawyers who were not able to help me get vacant possession of my property.I am especially appreciative of the admirable work culture and ethics of the firm. All communication was promptly responded to and great care taken to ensure that possible trouble was avoided. Not only are you both very professional and knowledgeable lawyers but are very pleasant and helpful too. I have no hesitation in recommending the both of you to any clients who require legal representation. – Kok Siew Chuan
- “Overall I find their services quite efficient and satisfactory. Whenever we need to meet for a group discussion, it is easy to fix an appointment with the lawyer in charge, even outside normal working hours. Their research and preparatory work is up to date, as evidenced by the successful litigation results so far. As for their professional fees, I find them reasonable and comparable to some of the other legal firms. The standard set by the founding partners appears to have been retained. Should a new litigation matter arise, MahWengKwai & Assoc. will be one of our 3 top choices.” – K.K. Ong, Pilecon Engineering Berhad
- “I was very fortunate to have retained the excellent services of MWKA and through them, Sarah Kambali, when dealing with our purchase of a property and what should have been a routine SPA. Although a reputable firm was representing the seller, Sarah’s counterpart was inexperienced and unfamiliar with the simple process. Without Sarah’s assistance, I expect that we would have had to spend a lot more time to finalise the SPA. Further, the seller had tried to renegotiate on terms agreed in the Letter of Offer, but Sarah had very firmly quashed this nonsense. I felt that I was in good hands during the whole time with Raymond and Sarah. ” -Carol Lim, Checkers
- “Highly professional and so efficient in conducting their tasks. I would recommend anyone to engage their services if professionalism is of great importance — a special mention for Sarah Kambali, who handled my case to my great satisfaction.” -Jasmine Oh, Selangor
- “I greatly appreciate the attentiveness shown by Mr. Richard Wee’s team of solicitors; specifically Puan Sarah Kambali from MahWengKwai & Associates (MWKA) in providing me the much needed legal advice sought. Truly Mr. Richard and his team not only exercised excellent customer-relationship management, but also with fair and reasonable professional fees. I would recommend Richard Wee and his team at MWKA.” – Azreena bt Abdul Wahab, Selangor
- “MahWengKwai & Associates have been engaged to handle an on-going family property /inheritance case which involves multiple stakeholders from two generations. Their understanding and soft skills to deal with the complication of family circumstances carve the path towards an amicable cooperation amongst the stakeholders. Despite an initial setback in the High Court, we maintain our perseverance in our lawsuit and faith in MahWengKwai & Associates. Due to the professional support of MahWengKwai & Associates, the Court of Appeal granted a favourable Court Order in May 2019. The overall service of MahWengKwai & Associates is commendable; professional case evaluation, professional advice and excellent knowledge of our case challenges. All the supporting staff are friendly, approachable and response to our queries and requests in a timely manner. In addition, they provide clear explanations on our case challenges and directions. Our case is still on-going and not concluded yet. Nevertheless, we have full confidence in MahWengKwai & Associates and continue to make use of their service in the present and any future case.” – Freddie Leong, Netherlands/KL
- “I am very pleased and impressed with MWKA’s services, professionalism and expertise. MWKA’s success in the defence of my case is excellent news to me. What a relief! My deepest appreciation to John Chan assisted by Wong Chee En and under the supervision and advice of Raymond Mah for their excellent handling of my case. I highly recommend MWKA to anyone in need of legal services and assistance. Thank you again and forever.” – Ngian Siew Siong, Selangor