Commercial purchase workflow · PROPERTY GUIDE
Shop lot and factory purchase: checks, contracts and completion
Confirm the buyer, permitted activity, financing and possession terms before an irreversible commitment.
Start with the buyer and purpose. Individual and company borrowing differ, and company ownership may still involve directors' guarantees. Decide ownership with legal and tax advice, not merely the highest advertised margin. An operating company, new company and investment holding entity may not qualify for the same bank product.
A site visit is not a title or planning search. Have the lawyer check the registered owner, encumbrances, tenure, express conditions, restrictions and required consents. Confirm zoning and building or occupancy status with the relevant authority. A business licence, industrial title and approval for a particular manufacturing process are different checks.
For factories, verify access, loading, floor capacity, ceiling height, electrical demand, fire and environmental requirements for the actual activity. Use qualified advisers for technical assertions. A utility connection or an existing tenant's licence does not automatically approve your future operation.
If buying with tenants, review every tenancy, renewal or break option, arrears, concessions, deposits and notices. Agree whether possession is vacant or subject to a tenancy, how rent and deposits are transferred, and which liabilities are apportioned. Test net cash flow after vacancy, repairs, tax and debt service; a claimed yield is not guaranteed income.
Before paying booking money, have the offer state who holds it, deadlines, the required financing or minimum margin, approval conditions, and refund or forfeiture treatment. Rejected financing or a low valuation does not automatically release a buyer from a commercial contract. Preserve written notices and meet the agreed dates.
The bank's approval is one part of completion. Its valuation, security documents and disbursement requirements must align with the SPA, consents and seller redemption. The lawyer should explain the actual milestones and any extension costs. Do not promise a fixed approval date or a standard number of months for every transaction.
Separate purchase and operating finance. Machinery, working capital, fit-out and utilities may need different facilities and approvals. For a development project, clarify construction-stage payments, progressive interest or profit and handover conditions; do not treat a brochure or future rent estimate as financing approval.
At completion verify payments, apportioned charges, agreed works, possession, tenancy and deposit records, meter readings and key handover against the contract. For a foreign person or foreign-controlled buyer, separately confirm current Perak land eligibility and consent with the lawyer and authority; a bank accepting a non-resident application does not itself authorise the purchase.
Practical workflow
Practical workflow
- Define personal or company ownership, own use or investment, and a full cash budget.
- Check title, restrictions, zoning, authorised buildings, utilities and operating requirements.
- Review comparable evidence, the valuation basis and existing tenants or possession terms.
- Submit a lawyer-checked offer with payment, finance and approval conditions.
- Obtain the bank offer; complete SPA, security documents and required consents.
- Track redemption, conditions and disbursement against contractual deadlines.
- Complete payment and inspect possession, tenancy records, deposits, accounts and keys.
Official and professional references
- TNB — Electricity supply application and technical requirements ↗
- MIDA — Approvals and manufacturing licensing ↗
- DOE — Environmental Impact Assessment prescribed activities order 2015 ↗
- Attorney General's Chambers — Fire Services Designated Premises Amendment Order 2020 ↗
- Maybank Online Property Business Financing-i PDS — owner occupation and guarantees ↗
- RHB Commercial Property Financing: non-resident eligibility and disbursement conditions ↗
- Hong Leong Business Mortgage — SME eligibility ↗
- Malaysian Bar — terms of agreement and deposit conditions ↗
- Malaysian Bar — understanding an SPA, conveyancing background ↗
- JPPH — land-use categories, express conditions and conversion ↗
- Malaysian Bar — understanding an SPA, tenancy and possession ↗
