buying a bumi unit for (non-bumi)
buying a bumi unit for (non-bumi)
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Jun 1 2009, 03:59 PM, updated 17y ago
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#1
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18 posts Joined: Jan 2003 |
hi, i'm interested in buying a house. the location is bandar kinrara,puchong. however the problem is it's owned by a bumi. my agent convincing say there are no problems and never faced any problems in bandar kinrara and there are no such thing as bumi lot there. any opinions ? thanks |
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Jun 1 2009, 04:02 PM
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#2
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1,165 posts Joined: Apr 2007 |
check with the local council to see the lot is bumi lot or not , u will have problem in getting bank loan and name transfer if it is a bumi lot
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Jun 1 2009, 04:04 PM
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#3
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482 posts Joined: Oct 2007 |
of coz la .... malaysian law has a lot of loop holes ...
all your agent needs to do ... is to remove the red chop bumiputera from the bumi only house and tanah geran ... then the bumiputera can freely sell to you le 1 week process i recall but FYI, it's illegal, but as long as both parties satisfied, and the bumi get his money worth, the business is complete |
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Jun 1 2009, 04:06 PM
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#4
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QUOTE(Serpentarius @ Jun 1 2009, 04:04 PM) of coz la .... malaysian law has a lot of loop holes ... seriously? u bought before? all your agent needs to do ... is to remove the red chop bumiputera from the bumi only house and tanah geran ... then the bumiputera can freely sell to you le 1 week process i recall but FYI, it's illegal, but as long as both parties satisfied, and the bumi get his money worth, the business is complete hoilok, thanks |
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Jun 1 2009, 04:10 PM
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#5
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200 posts Joined: Nov 2008 |
Some can be sold to non-bumi after 5 years. I own a house in BK also and previously was owned by a bumi. The house is more than 5 years old and I have no problem purchasing it.
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Jun 1 2009, 05:04 PM
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#6
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821 posts Joined: Nov 2007 |
i think the correct question to ask is whether it is a bumi lot or not. bumiputeras can buy non-bumi lots as well, so even with a bumi owner it doesn't necessarily mean the property gets automatically converted into a bumi lot.
at least that what i think it is, i've read about this issue but that was a long time ago, i'm not so sure if my memory fades me. This post has been edited by livingmonolith: Jun 1 2009, 05:10 PM |
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Jun 1 2009, 05:06 PM
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#7
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cool. thank you all!
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Jun 13 2009, 01:49 PM
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#8
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QUOTE(hoilok @ Jun 1 2009, 04:02 PM) check with the local council to see the lot is bumi lot or not , u will have problem in getting bank loan and name transfer if it is a bumi lot in the same way, you may eligible to buy the property, but bear in mind that in any undesired circumstances as the land is take to public interest as built a road or highway, the government only pat to the previous owner dur to the title stick as BUMUPUTERA lot. therefore, put in simple you are the structure(house) owner but not the land owner. the faced this problem when i dealing with DBKL regarding renovation and founded up this issues. please correct me if i am mistaken. just my 2cent |
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Jun 14 2009, 12:45 AM
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#9
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3,318 posts Joined: Dec 2004 From: 1Malaysia |
correct me if im wrong here, but if a property is FH then it should not be a problem for a bumi to sell it to a non-bumi.
The only prob here is if we r talking about LH property........ |
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Jun 14 2009, 05:39 PM
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Ask the seller or the agent to give you a copy of the titled and you can see any sekatan or not.
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Jun 14 2009, 05:53 PM
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thanks all. i guess i'm not gonna buy cause it sounds messy. have to go thru a lot. now got a unit i like but bad fengshui. damn it!
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Jun 14 2009, 08:53 PM
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pai is right. in any event, just get a copy of the title to see if there are restrictions.
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Jun 14 2009, 09:10 PM
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thanks everyone
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Jun 14 2009, 10:44 PM
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3,318 posts Joined: Dec 2004 From: 1Malaysia |
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Jun 15 2009, 10:31 AM
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looks like it's getting messier , many school of thoughts. anyone familiar with these laws ?
This post has been edited by yuliang11: Jun 15 2009, 10:32 AM |
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Jun 15 2009, 12:15 PM
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QUOTE(Pai @ Jun 14 2009, 10:44 PM) It was mentioned that get hold of the copy of the title to see if any restriction or sekatan.Borang 11AK or Hak Milik Sementara will show if any sekatan. For FH, its unlikely to say anything about Bumi lot etc etc. LH, I never seen one but it may have more condition tied to the land title |
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Jun 15 2009, 12:35 PM
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Hi Yulian,
Is this property with or without title? Is this property one which is Malay Reserve or is purchased by the Bumiputera buyer with a bumiputera discount? Is this property leasehold or freehold? If the property is with title, do a land search and you can see whether there are an "restriction on interest" which means whether there are any restrictions on who the buyer should be. If it is a leasehold property then you will have to apply to the land office for consent. If it is Malay Reserve then the title will say so too. In this case, you cannot purchase this land. If it is without title, the write to the Developer or the Owner of the Master Title or their confirmation as to whether you can purchase the land and whether the unit is a bumi quota. If the property is leasehold and in WP, you have to get the Land Office consent but if it is in Selangor, no such consent id required. If the previous owner just purchased with a bumi discount, there is no restriction for you to purchase unless his unit is also a bumi quota unit. I know the above might be confusing, but if you give me the answers to the questions in the first paragraph, I might be able to elaborate further. Regards |
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Jun 15 2009, 02:34 PM
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QUOTE(cynthusc @ Jun 15 2009, 12:35 PM) Hi Yulian, Wouldn't the title show all those sekatan and limitations? or is there such thing as no title doc at all?Is this property with or without title? Is this property one which is Malay Reserve or is purchased by the Bumiputera buyer with a bumiputera discount? Is this property leasehold or freehold? If the property is with title, do a land search and you can see whether there are an "restriction on interest" which means whether there are any restrictions on who the buyer should be. If it is a leasehold property then you will have to apply to the land office for consent. If it is Malay Reserve then the title will say so too. In this case, you cannot purchase this land. If it is without title, the write to the Developer or the Owner of the Master Title or their confirmation as to whether you can purchase the land and whether the unit is a bumi quota. If the property is leasehold and in WP, you have to get the Land Office consent but if it is in Selangor, no such consent id required. If the previous owner just purchased with a bumi discount, there is no restriction for you to purchase unless his unit is also a bumi quota unit. I know the above might be confusing, but if you give me the answers to the questions in the first paragraph, I might be able to elaborate further. Regards |
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Jun 15 2009, 02:53 PM
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QUOTE(cynthusc @ Jun 15 2009, 12:35 PM) Hi Yulian, Hi Cyn,Is this property with or without title? Is this property one which is Malay Reserve or is purchased by the Bumiputera buyer with a bumiputera discount? Is this property leasehold or freehold? If the property is with title, do a land search and you can see whether there are an "restriction on interest" which means whether there are any restrictions on who the buyer should be. If it is a leasehold property then you will have to apply to the land office for consent. If it is Malay Reserve then the title will say so too. In this case, you cannot purchase this land. If it is without title, the write to the Developer or the Owner of the Master Title or their confirmation as to whether you can purchase the land and whether the unit is a bumi quota. If the property is leasehold and in WP, you have to get the Land Office consent but if it is in Selangor, no such consent id required. If the previous owner just purchased with a bumi discount, there is no restriction for you to purchase unless his unit is also a bumi quota unit. I know the above might be confusing, but if you give me the answers to the questions in the first paragraph, I might be able to elaborate further. Regards Is this property with or without title? Is this property one which is Malay Reserve or is purchased by the Bumiputera buyer with a bumiputera discount? Is this property leasehold or freehold? 1. it's free hold. According to agent with a title. not too sure about malay reserve as the agent said there are no problem with FH properties transfer. If the property is with title, do a land search and you can see whether there are an "restriction on interest" which means whether there are any restrictions on who the buyer should be. If it is a leasehold property then you will have to apply to the land office for consent. If it is Malay Reserve then the title will say so too. In this case, you cannot purchase this land. 2. Do a land search at local councilor ? sorry i'm really noob If it is without title, the write to the Developer or the Owner of the Master Title or their confirmation as to whether you can purchase the land and whether the unit is a bumi quota. If the property is leasehold and in WP, you have to get the Land Office consent but if it is in Selangor, no such consent id required. 3. Its in kinrara selangor. Thanks a lot! |
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Jun 15 2009, 05:22 PM
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136 posts Joined: Jun 2009 |
Wow...so much uncertainty. My advise to you DUN BUY THIS HSE. there r a lots of hse to choose fm, take ur time.
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Jun 15 2009, 06:19 PM
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Yuliang
If is Bandar Kinrara (other than Damai Utama), its free hold and on freehold, there usually no such restriction. Bandar Kinrara is quite a swift developer where upon signing the S&P, the titled would have the buyer name already and each buyer would have a Hakmilik Sementara AK11 form. In this form you can see all the details in terms of any restriction. If its FH, its a free market transaction ie you can buy and sell at will. Bumi owner does not mean bumi lot. Bumi lot only exist in LH arrangement where the state want to maintain a specific quota of bumi vs non bumi in the community which is why LH tend to be cheaper and less appealing to subsale. Is this new house or old? |
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Jun 15 2009, 07:03 PM
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QUOTE(gamenoob @ Jun 15 2009, 06:19 PM) Yuliang hi,If is Bandar Kinrara (other than Damai Utama), its free hold and on freehold, there usually no such restriction. Bandar Kinrara is quite a swift developer where upon signing the S&P, the titled would have the buyer name already and each buyer would have a Hakmilik Sementara AK11 form. In this form you can see all the details in terms of any restriction. If its FH, its a free market transaction ie you can buy and sell at will. Bumi owner does not mean bumi lot. Bumi lot only exist in LH arrangement where the state want to maintain a specific quota of bumi vs non bumi in the community which is why LH tend to be cheaper and less appealing to subsale. Is this new house or old? the house is old. it's bk5. that's what i heard too thanks |
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Jun 16 2009, 01:01 AM
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3,318 posts Joined: Dec 2004 From: 1Malaysia |
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Jun 16 2009, 08:09 AM
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Yuliang
Like I said if its BK itself, no such restriction in that area. Have seen and deal with enough agent to see the land title in Bandar Kinrara. There are all free hold. BK5 is one of the more established neighborhood that allow easy access to OKR, Kesas, LDP, NS HW, and Cyberjaya/Putrajaya. There is no toll to city, cyber, midvalley, PJ. Its a bit underated because PKB (developer) focus less on commercial shop lot and more on residentials. You get a giant though which is very convenient for the BK residents and you drive less than 5mins or radius of 2km for BK5. If you buying DSL in BK5, you have either 20x70, 22x70, or 22x75. Asking price should be about 300k onward for a good one. Corner prolly cost at least 450k with 40x70 land. Good place for family because there is 2 chinese primary school, 3 SMK, 1 SRK. |
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Jun 16 2009, 08:52 AM
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thank you all , that gives the confidence!
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Jun 16 2009, 11:49 AM
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QUOTE(gamenoob @ Jun 15 2009, 02:34 PM) Wouldn't the title show all those sekatan and limitations? or is there such thing as no title doc at all? Dear Yuliang,The land search can be done at the land office. In your case if the title is HS(D) you do the land search at the Shah Alam Land Office. It costs RM30 to do it. If it is freehold, there is no restriction for you to purchase. The seller probably bought it at a bumiputra discount. Do the land search to confirm. To Gamenoob, Of course there is land "without title". The word is of course used to indicate that the property does not have an individual title. A lot of apartments and condos do not have individual titles and only when the strata title is issued, then the property is considered "with title". A property that is "with title" and "without title" have different legal effects. Regards Cyn |
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Jun 16 2009, 01:50 PM
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QUOTE(cynthusc @ Jun 16 2009, 11:49 AM) To Gamenoob, Wouldn't the title show all those sekatan and limitations? or is there such thing as no title doc at all?Of course there is land "without title". The word is of course used to indicate that the property does not have an individual title. A lot of apartments and condos do not have individual titles and only when the strata title is issued, then the property is considered "with title". A property that is "with title" and "without title" have different legal effects. Regards Cyn Cynthusc My question was asking about the title documentation details, not if there is title or none. Even if the land does not have a title, the documentation that come along on the "without title" (so to speak) still have a documented details that show the status or limitations or sekatan? That why I asked is there such thing as "No Title Doc" at all? |
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Jun 16 2009, 01:55 PM
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QUOTE(gamenoob @ Jun 16 2009, 01:50 PM) Wouldn't the title show all those sekatan and limitations? or is there such thing as no title doc at all? Okay then, so based on your explanation on what you mean by "No Title Doc", IMO only lands which have not been alienated by the government are lands with no title doc.Cynthusc My question was asking about the title documentation details, not if there is title or none. Even if the land does not have a title, the documentation that come along on the "without title" (so to speak) still have a documented details that show the status or limitations or sekatan? That why I asked is there such thing as "No Title Doc" at all? Regards |
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Jun 16 2009, 02:31 PM
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QUOTE(cynthusc @ Jun 16 2009, 01:55 PM) Okay then, so based on your explanation on what you mean by "No Title Doc", IMO only lands which have not been alienated by the government are lands with no title doc. Pretty much so! Regards And in Yuliang queries on BK purchase, that is not the case since its FH properties offered in the market...hence any doc that Yuliang got would have shown it.. actually the seller or the agent would have a copy of the title documentation. Given my experience in BK, there are no such thing as bumi lot or quota or sekatan... |
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