Does My Property Lawyer Represent Me or the Agent? Signs an Agent Is Trying to Control Your Choice of Lawyer

The lawyer you appoint to buy a subsale home acts for you, the client, not for the property agent who suggested the firm, and not for the seller. You are free to choose any registered law firm for your Sale and Purchase Agreement (SPA), and an agent cannot require you to use their preferred lawyer. An agent introducing a lawyer is not wrong in itself. The warning signs start when you are no longer sure who the lawyer's client is, who is giving the instructions, who benefits from the referral, and whether the lawyer can still act independently in your interest.

Your agent says, "Use my lawyer. It's easier, I'll settle everything." Does that mean the lawyer is working for the agent? No, not automatically. Many people in property transactions know each other and have worked together before. What matters is how the relationship works in practice.

Short answer: if you appoint a lawyer as the buyer's lawyer, the substantive instructions should come from you as the client, and the lawyer must maintain professional independence. The agent can help coordinate the transaction, but should not "own" the lawyer-client relationship or decide what legal advice you get.

Quick summary

• Who chooses the lawyer for a subsale purchase? You do. You are free to appoint any registered law firm, without the agent's or seller's approval.

• Can an agent force me to use their lawyer? No. An agent cannot make the choice of the buyer's lawyer compulsory.

• Is a referral from an agent wrong? Not in itself. It becomes a concern when the agent controls your communication with the lawyer, the instructions or the fees.

• Is it against the rules for lawyers? Paying commission to an unqualified person to procure legal business, or touting, is prohibited under the Legal Profession (Practice and Etiquette) Rules 1978.

• What should I do? Speak to the lawyer directly, get the quotation from the firm, give material instructions yourself, and ask whether there is any referral arrangement with the agent.

An ordinary referral versus a referral that should raise questions

An ordinary referral

The agent says: "If you don't have a lawyer yet, here are a few firms that often handle subsales." You then:

• choose for yourself;

• speak directly to the firm;

• receive the quotation directly;

• give your own instructions; and

• can choose another firm without pressure.

That does not, by itself, suggest any wrongdoing.

A referral that should raise questions

The situation is different if:

• the agent says you must use one particular firm;

• the agent will not give you the lawyer's number, and every message has to go through the agent;

• the agent tells you what the lawyer "will advise" before you have spoken to the lawyer;

• the agent asks the lawyer to release money or change documents without your instructions;

• the quotation or a discount is tied to a referral that is not explained;

• you do not know which lawyer is actually handling your file; or

• the lawyer seems more concerned about keeping the agent happy than about explaining the risks to you.

One red flag does not prove misconduct. But several at once should make you stop and speak to the lawyer directly.

What the professional rules say about a lawyer's independence

For advocates and solicitors in Peninsular Malaysia, the Legal Profession (Practice and Etiquette) Rules 1978 make professional independence an express principle.

Rule 5 says an advocate and solicitor should not accept a brief if accepting it would make it difficult to maintain professional independence. Rule 16 requires an advocate and solicitor, in carrying out professional duties, to uphold the interest of the client, the interest of justice and the dignity of the profession.

In plain terms: your lawyer is not "the agent's lawyer" just because the agent introduced them. Once a firm accepts you as its client, it owes its professional duties to you, under the retainer and the applicable law.

What is touting, and why does it matter here?

Touting is not simply someone passing on a lawyer's phone number. The Malaysian Bar describes touting as obtaining legal business through people who receive a commission or benefit for bringing clients to a firm.

Rule 51 of the Legal Profession (Practice and Etiquette) Rules 1978 says an advocate and solicitor shall not do, cause or allow anything to be done for the purpose of touting, directly or indirectly.

Rule 52 makes it unprofessional and improper conduct for an advocate and solicitor to:

• divide costs or profits with an unqualified person; or

• pay or give any commission, gratuity or valuable consideration to an unqualified person to procure or influence legal business.

The Legal Profession Act 1976 treats touting as professional misconduct.

Important: do not accuse anyone of touting just because an agent introduced you to a lawyer. You need facts. But signs of a paid referral, a kickback, "fee sharing", or pressure to send clients to a particular firm for a third party's benefit are a far more serious matter than an ordinary referral.

Signs an agent is trying to control your choice of lawyer

Be careful if you hear lines like these:

• "If you don't use my lawyer, this deal could fall through or be delayed."

• "Only this lawyer knows how to deal with this seller."

• The firm's name is already filled in on the booking form before you have had a chance to ask or look around.

• The agent sets a tight deadline so you have no time to compare or check other firms.

• The agent will not give a clear answer when you ask whether they have a referral arrangement with the firm.

Sign 1: you have never spoken to the lawyer directly

An agent can help coordinate documents and timelines in a subsale. But if every legal question is answered by the agent, for example "the lawyer says this clause is standard", "the lawyer says you don't need to read it", "the lawyer says the deposit can be released" or "the lawyer says consent is confirmed", and you have never had that confirmed by the lawyer yourself, change how you communicate. Ask for the firm's number or email and get the advice directly.

Sign 2: the agent gives instructions on documents on your behalf

An agent can pass on commercial facts: the price, furniture, dates, who the seller is and so on. But instructions to agree or reject a clause, waive a right, extend or shorten a deadline, release stakeholder money, accept a title risk, or sign even though your financing is not yet clear can all have legal consequences. If your lawyer takes instructions like these from the agent without confirming them with you, ask why.

Sign 3: you are told you cannot choose another lawyer

A transaction may have practical constraints, such as a bank's panel for the loan documentation, or a conflict that prevents a particular firm from acting. That is different from "this house can only use this lawyer because it's the agent's lawyer". Ask for the real reason. If the issue is a financing panel, ask the bank. If it is about the seller's lawyer, understand who is acting for whom. If the only reason is "we always use this firm", you should still decide for yourself whether that firm is suitable to act for you.

Sign 4: the quotation or discount does not come from the firm

Be careful if the agent is deciding how much legal fee you will pay, what discount you are "confirmed" to get, which account to pay the legal fees into, or what disbursements will be charged, while the firm itself has not sent you a quotation or engagement letter. Conveyancing fees are governed by the Solicitors' Remuneration Order 2023 (SRO 2023) for the relevant categories, and discounts have set limits. Get the quotation from the firm, not a screenshot or figure passed on by a middle person.

Sign 5: the lawyer will not explain who they act for or any conflict

One transaction can involve the buyer, the seller, the buyer's bank, the seller's bank, the agent and different solicitors. Do not assume everyone's interests are the same. Ask the firm:

1. Who is the firm's client for the SPA?

2. Is the firm also acting for the bank?

3. Does the firm or the lawyer have any relationship with the agent or another party that you should know about?

4. Who can give instructions about money and documents?

5. If a conflict of interest arises, what will the firm do?

Independent lawyer or tied to the agent: what's the difference?

The real risk of simply following the agent's suggestion

The biggest risk is not the legal fee. It is who the lawyer will protect when a problem comes up. For example, if the official search reveals a caveat, tax arrears or an unresolved charge to a bank, a lawyer who depends on a steady flow of files from a particular agent may be less willing to delay completion. That is exactly when you need your lawyer to stand firm for your interests.

How to check a lawyer suggested by the agent

1. Check the Malaysian Bar's Legal Directory. Search for the lawyer and the firm. The directory lists advocates and solicitors with a valid practising certificate and firms that are still registered.

2. Ask for the quotation directly from the firm. Make sure the email, letterhead and bank details can be verified.

3. Ask for an engagement letter or scope of work. Make sure it is clear that the firm acts for you in the work described.

4. Speak to the lawyer before signing any material document. Use that conversation to ask about the title, the booking form, financing, consent, redemption and deadlines.

5. Give material instructions yourself. If you want to accept a risk, waive a right or release money, give the instruction directly and make sure you understand the consequences.

What a normal, helpful agent does

This article is not anti-agent. A good agent can help by introducing buyer and seller, arranging viewings, collecting property particulars, passing on the initial commercial terms, helping to get documents from whoever holds them, connecting the parties with lawyers, and helping with logistics so the transaction keeps moving.

The problem is not that an agent is involved. The problem is when a commercial or coordinating role turns into control over legal advice or over a professional relationship that should be independent.

"A property lawyer's duty is to the client who appoints and pays them, not to the agent who sends the file. When buyers feel they must simply follow the agent's suggestion, it is usually a sign they have not yet realised that the choice of lawyer is entirely theirs," says Akmal Saufi Mohamed Khaled, lawyer and principal of ASCOLAW (Messrs Akmal Saufi & Co).

I've already used the lawyer the agent suggested. Should I change?

Not automatically. If you can communicate with the lawyer directly, understand who they act for, give your own instructions, get clear advice even when it does not suit the agent, see the quotation or engagement letter yourself, and see no conflict or doubtful referral arrangement, you may not have a problem just because the referral came from an agent.

But if you cannot get direct access, or you believe your instructions are being set aside, raise it with the firm straight away. Changing lawyers in the middle of a transaction can have cost and timing consequences, so get advice on where your file stands before making a hasty decision.

You can send the firm a short message like this: "I was introduced to your firm through the agent. Please confirm that your firm acts for me as the buyer for this SPA, who my lawyer or contact person is, the scope of work, and that substantive instructions on documents and money will be taken directly from me."

A clear answer will clear up a lot of confusion early on.

How ASCOLAW can help

If you want a second opinion, send us:

• the booking form or offer to purchase;

• the quotation or engagement letter from the suggested firm;

• messages showing what the agent has asked you to do;

• the property details;

• the status of your financing; and

• any instructions about the deposit, the SPA or the release of money that you are unsure about.

ASCOLAW can help you work out whether the issue is ordinary coordination, confusion over scope, a potential conflict, or something that needs further action. Fill in the ASCOLAW enquiry form below with these details, and our team will contact you with next steps.

Frequently asked questions

Do I have to use the lawyer my property agent recommends?

No. For a subsale SPA, you are free to appoint any registered lawyer you choose. The agent cannot make a particular firm compulsory.

Can I appoint my own lawyer even though the agent has already suggested one?

Yes. The earlier you decide, the better, ideally before you pay the deposit and before the SPA is signed.

Is it wrong for a lawyer to pay an agent for referrals?

Rule 52 of the Legal Profession (Practice and Etiquette) Rules 1978 makes it unprofessional and improper conduct for a lawyer to pay any commission, gratuity or valuable consideration to an unqualified person to procure or influence legal business, and Rule 51 prohibits touting. An introduction on its own, with no payment or benefit, is not the same thing.

What should I do if I've already gone with the agent's lawyer?

You can still ask the lawyer directly about any referral arrangement, confirm who they act for, and give instructions yourself. If needed, you can change lawyers, although it is easier the earlier you do it.

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. The Legal Profession Act 1976 and the Legal Profession (Practice and Etiquette) Rules 1978 described here apply to advocates and solicitors in Peninsular Malaysia; Sabah and Sarawak have their own legal profession laws.

Related guides

• Conveyancing Lawyer in Malaysia: What They Do, Fees & How to Appoint One

• Guide to Appointing a Property Lawyer and the Cost of Fees for House and Land Purchase Transactions

• Legal Fees for Buying and Selling a House in Malaysia (2026 Guide)

• The Subsale Process in Malaysia: A Guide for Real Estate Agents

• Real Estate Lawyer in Malaysia