Firstly, there are 101 precedents in use when preparing agreements for sale and purchase of property. Originally, each of these precedents was drafted for a specific transaction. Over time, these precedents were redrafted over and over again and causing it to be “contaminated” thus rendering it imperfect. Careless redrafting also causes a precedent to become inconsistent with the original intent and purpose.
Every solicitor needs a template to start with, but an inherent comprehensive knowledge of the finer points in drafting is important in generating a good agreement. As a matter of fact, there are no perfect agreements, even the best agreements collapse sometimes.
For a start, there is no standard agreement applicable for all sale contracts. This talk aims to give a broad guideline on the finer points in drafting an agreement for sale and purchase of a property to avoid pitfalls, and ensure the safe completion of the sale transaction.
Hj Abdul Murad b Che Chik is a principal partner of Zain Megat & Murad. He commenced his career with the Royal Malaysia Police in 1973. Whilst in service, he read law at International Islamic University Malaysia (“IIUM”) graduating with a LLB (Hons) in 1993 and Masters in Comparative Laws in 1995. Upon graduation, he served as prosecutor at the Kuala Lumpur Magistrates’ and Sessions Court for three years.
He left civil service to commence a career as an advocate and solicitor and was admitted to the High Court of Malaya in 1995. He has been in continuous active legal practice for the last 27 years. His areas of practice are corporate legal advisory, commercial contracts, conveyancing, and banking security documentation. He also provides corporate legal advice to several private and public-listed companies.
Hj Abdul Murad served as Chairperson of Conveyancing Practice Committee (“CPC”) for three terms, and as Deputy Chairperson for four consecutive terms. He is also a member of the Solicitors’ Remuneration Enforcement Committee and is still a member of CPC.
Amongst others, he is also a member of PEMUDAH Technical Working Group on Registering Property (“TWGRP”), a Special Task Force under the Prime Minister’s Office (“PMO”) that is tasked with monitoring efficiency issues on public service delivery system in registering property and implements improvement programmes to enhance Malaysia’s competitiveness in line with the World Bank’s Doing Business improvement initiatives.
Hj Abdul Murad also served as a president of the Home Buyers Tribunal for nine consecutive years, and was recently appointed as a member of the Panel of Experts to the Ministry of Housing and Local Government on 10 Jan 2022.
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