Can a Lawyer Give a Discount When You Buy a Home? What SRO 2023 Allows
Real Estate
Banking & Finance

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Yes, for certain categories of fees, a lawyer may give you a discount of up to 25% when you buy a home. But that 25% is not a general cut on every figure in your quotation, and it is not something every buyer is automatically entitled to.
For conveyancing work in Peninsular Malaysia, the Solicitors' Remuneration Order 2023 (SRO 2023) sets out when a discount is allowed and when it is not. The difference matters because a property quotation usually has several parts: the professional fee for the SPA or transfer, the fee for the financing documents, stamp duty, registration fees, searches and other disbursements.
Short answer: do not ask "can I get 25% off this whole quotation?" Ask first which parts are SRO fees that can be discounted, and which parts are not.
Quick summary
How much can be discounted? Up to 25%, and only on fees under Table A of the First Schedule (sale and transfer) and Table A of the Third Schedule (charges and financing documents) of SRO 2023.
Is a discount compulsory? No. SRO 2023 says a lawyer may give a discount within that limit. It does not require every firm to give 25%.
What cannot be discounted? Fees under Table B of the First and Third Schedules, and fees under the Second, Fourth, Fifth and Sixth Schedules. Stamp duty, registration fees, searches and actual disbursements are not professional fees at all.
What about "waiving" fees? A waiver used as a way of giving a discount that is not allowed is still a problem.
Where is a discount of up to 25% allowed?
Order 6 of SRO 2023 allows a lawyer to give a discount of up to 25% on fees set out in:
Table A, First Schedule, which generally covers sale and transfer fees charged on that scale; and
Table A, Third Schedule, which generally covers charges, debentures and other security or financing documents charged on that scale.
The key words are "may give a discount". SRO 2023 permits a discount within that limit. It does not oblige any firm to give one.
So two firms can give you different quotations even though both are complying with SRO 2023. For example, one firm may give the permitted discount and the other may not, or the scope of work, the disbursements and the structure of the transaction may be different.
When is a discount not allowed?
SRO 2023 does not allow a discount for several other categories. The Malaysian Bar's Circular No 024/2026 (20 January 2026) summarises them as including:
Category under SRO 2023 | Discount allowed? |
|---|---|
Sale and transfer, Table A, First Schedule | Yes, up to 25% |
Charges and financing documents, Table A, Third Schedule | Yes, up to 25% |
Sale and transfer, Table B, First Schedule | No |
Security or financing documents, Table B, Third Schedule | No |
Tenancy or lease, Second Schedule | No |
Discharge or reassignment, Fourth Schedule | No |
Certain documents under the Fifth Schedule, and transactions under the Sixth Schedule | No |
That is why a line like "we give 25% off all legal fees" needs to be checked carefully. The category of work has to be identified first.
Does the 25% discount include stamp duty and disbursements?
No. Stamp duty, registration fees, search fees and actual disbursements are not professional fees that can be adjusted to make a quotation look cheaper.
SRO 2023 itself separates a lawyer's fees from items such as registration fees, stamp duty, search fees and reasonable disbursements. The Bar Council has also said that waiving disbursements that have actually been incurred, so that in effect a discount is being given, is not permitted.
When you compare quotations, separate at least three layers:
Professional fees, calculated according to the SRO category;
Taxes that apply to the service or the instrument; and
Disbursements and third-party payments, such as searches, registration and official fees.
If everything is rolled into a single "package price" with no breakdown, it is hard to tell what is actually being discounted.
Can a lawyer "waive" the fee altogether?
Do not assume that the word waiver is an easy way around the discount limit.
Circular No 024/2026 explains that a waiver which is really just a way of giving a discount that is not allowed is still a problem. The Bar Council distinguishes that from a genuine, complete waiver of all fees that is properly documented with an appropriate reason.
For an ordinary buyer, the practical message is simple. If someone offers "free legal fees", "zero fees" or "we'll waive this part", and you do not understand which category of fee it is, who is really paying, or what will still be charged later, ask for an explanation in writing.
Is the cheapest quotation always the best?
Not necessarily.
Price matters, but a subsale purchase is not just a fee calculation. The buyer's lawyer may need to check the title and any restrictions in interest, the seller's loan redemption, your financing, any consent needed, the SPA, completion, registration and the release of money.
A slightly lower quotation does not help if work you assumed was included turns out to be excluded, or if the low figure comes from mixing professional fees and disbursements so that you cannot compare quotations properly.
Before you choose, ask:
Is this quotation for the SPA and transfer, the loan documentation, or both?
Is the discount stated as a clear percentage or amount?
Which fee is the discount applied to?
What are the estimated disbursements?
What extra charges could arise if the transaction involves consent, redemption, a title issue or additional work?
Does the quotation show the applicable taxes separately?
For what a full quotation for a purchase normally contains, see our guide to legal fees for buying and selling a house in Malaysia.
How to check whether the discount in your quotation makes sense
Use this order.
1. Identify the type of work
The SPA and transfer, and the financing documentation, are not the same thing. Do not mix the two scales before you understand what the firm is charging for. Our guide to housing loan and loan agreement legal fees explains the financing side.
2. Identify the SRO category
Work out whether the fee falls within a category that actually allows a discount under Order 6.
3. Check the fee before the discount
A good quotation should let you see the basis of the calculation before any discount is applied.
4. Check the amount after the discount
Make sure the discount does not exceed the limit allowed for that category.
5. Separate the disbursements
Do not judge the "discount" by including stamp duty, searches, registration or third-party payments in the same percentage.
Red flags when someone is selling a "legal fee discount"
Be careful if:
the discount is said to apply to every item, with no breakdown;
you are told that stamp duty or official disbursements can also be "discounted";
the quotation gives only a single package figure without showing the scope;
a fee is described as "free" but reappears under another name;
you are pressured to appoint a particular firm purely because of a discount; or
it is not clear who the lawyer is actually acting for.
A lawful discount can be a genuine benefit to a buyer. The problem is not the discount itself. The problem arises when the way a quotation is structured hides what is allowed, what must be paid and what the real scope of work is.
How ASCOLAW can help
If you want a quotation for a subsale purchase that you can compare line by line, have these ready:
the purchase price;
the type and location of the property;
the title status, if you know it;
whether the seller still has a loan on the property;
whether you are using a bank loan or LPPSA financing;
the booking form or offer to purchase, if you already have one; and
anything you already know about consents, restrictions or other issues in the transaction.
This helps separate professional fees, financing, disbursements and additional work more accurately. Fill in the ASCOLAW enquiry form below with these details, and our team will review the structure of the transaction and prepare a quotation based on the relevant scope of work.
Frequently asked questions
Can I ask my lawyer for a discount?
Yes, you can ask. But it is at the firm's discretion, not an automatic right, and it is limited to a maximum of 25% on the fees under Table A of the First and Third Schedules of SRO 2023.
What is the maximum discount allowed by law?
Up to 25% of the fees under Table A of the First Schedule (sale and transfer) and Table A of the Third Schedule (charges and financing documents). No discount is allowed for Table B of those Schedules or for the Second, Fourth, Fifth and Sixth Schedules.
Why can't stamp duty and disbursements be discounted?
Because they are not the lawyer's fees. Stamp duty, registration fees, searches and other disbursements are paid to the government or third parties. SRO 2023 treats them separately from the lawyer's remuneration, and the Bar Council has said that waiving disbursements actually incurred, so that a discount is given in effect, is not allowed.
What if a firm offers "free" legal fees?
Ask for the offer in writing, with a breakdown of what is covered and what will still be charged. A waiver that is really a way of giving a discount that is not allowed is still a problem. Only a genuine, complete and properly documented waiver is treated differently.
This article is general information only and is not legal advice. Every property transaction is different. Get specific advice from a licensed lawyer before taking any action. SRO 2023 applies to solicitors' fees in Peninsular Malaysia; Sabah and Sarawak have their own rules on legal fees.
Related guides
Disclaimer
The content on this website is provided for general information and educational purposes only. It does not constitute legal advice and should not be relied upon as a substitute for a consultation with a qualified lawyer. Every legal matter is unique. You are strongly encouraged to obtain advice tailored to your circumstances from a licensed legal practitioner before taking any action based on the information provided here.
Although we strive to keep this content accurate and up to date, ASCOLAW and its affiliates make no representation or warranty, express or implied, regarding the completeness, accuracy, reliability, suitability or availability of the information on this website. Any reliance you place on that information is entirely at your own risk.
Author
AKMAL SAUFI MOHAMED KHALED
Managing Partner & Founder
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