RM17.00 for principal and RM10 for every duplicate copy.

Hi Dario, need your help here.

I want to sell of my units. It is a leasehold condo. I got the letter from developer to execute the MOT at S&P lawyer office. Since I plan to sell off, I am not going to execute the MOT. I will directly transfer the name to the buyer.

Potential buyer is asking how long does it takes for the process from signing S&P to get the name transferred and strata title issued under buyer's name?

i dont know of the leaks.the vendor doesnt give any discount.just the vendor's words to my lawyer

hmm, both are identical copies, so just wack one 17 and 10? btw who shud hold the pricipal copies the tenant or landlord? thanks alottttt

IMHO, landlord shud hold the principal copies.

Two schools of thought:

1) Just prepare a supplementary letter stating that the tenancy shall be renewed subject to the terms and conditions of the previous tenancy agreement. Save costs as it need not be stamped.

A document which is not stamped is not admissible as evidence until it is duly stamped. Since a dispute may arise months down the road or at the end of the tenancy, such delay will attract a penalty by LHDN when it is eventually sent for stamping.

2) Prepare a fresh tenancy agreement and get it duly stamped. Spend a bit extra but peace of mind knowing that all is done in accordance with the law.

In reality, lots of people just go for option (1).

Whether the developer allows for direct transfer is at their sole discretion. So do check with the developer first.

Hard to tell. No two transaction can be completed at the same time. Depends on the efficiency of the lawyers, banks, state authorities, etc.
Ask your potential lawyer for a timeframe, but I bet even he would be reluctant to state so, as you might hold him to his word which could mean trouble for him if there's a delay.

No. One must be marked as ORIGINAL and another as DUPLICATE at the top right portion of the first page when sent for stamping.

Tenant retains original and landlord retains duplicate. Legal fees are often, if not always, borne by the tenant.



This post has been edited by dariofoo: Sep 8 2011, 11:05 PM

Alrd checked with developer. I have to pay RM1,000 for admin fee and that's all.

No potential lawyer yet. thats y get opinion from lowyat.net

sorry..tumpang topic.

I wanna ask is it possible for a non-bumi to buy the bumi lot (house)?
Currently I`m interested in the house and found out is a bumi lot. The owner definitely is a Malay and I'm not a Malay.

The agent told me can buy if I interested. Worry I being conned by the agent.

Sorry for a noob question. Thanks in advance

First you ascertain if it is designated as bumi lot or it's just that the owner bought it with bumi discount. There is a difference in both. If just bumi discount, then no worries, go ahead. If bumi lot, then you first need to check with the developer as to the particulars of the Master Title and ascertain the restrictions placed by the State Authority.

In most instances of bumi lot, transfer/assignment to non-bumi is not allowed, as it defeats the purpose of bumi lot allocation. You can apply to the State Authority for consent, but it is not easy to obtain same, especially for subsale. If new development, the developer can back you up by showing supporting documents to prove that they have advertised and tried to sell the bumi lots to bumis, but no response. So they assist you to open bumi lots up for non-bumis to take up.

Some people claim can do under table, under water and under a lot of things to get consent but your bear the risk of all that as all that is unofficial.

This post has been edited by dariofoo: Sep 11 2011, 10:43 AM

thanks for the reply Dario,.

The agent told me is ok to buy it and he say he already settle, ask, kaw tim etc etc and confirm can sell to me. I dunno wether is a under table or not but I will definitely find it out.
What bizarre me is the left unit is occupy by non bumi and second unit on the right is occupy by non bumi also .

btw thanks for your reply and advice

Hi Dario,

I'm in a predicament and need some advice. About a year ago I agreed to sell my apartment. The buyer paid 3% to the agent and I signed the booking receipt agreeing to the transaction. At that time my property's strata title was in the process of application and the lawyer told me it will be completed in 2 months. However, there were delays later due to developer not willing to transfer the title to me as its an aution property so they wanted to transfer to the original buyer and so on ... the whole thing got delayed.

Now 1 year later I still don't have my title but my lawyer tells me I will get it in about 6 months (its already been 18 months since I paid the money to the lawyer to do the transfer).

When I told the buyer about the delays last year he said he is willing to wait, no problem. My issue now is that now the property price has increased substantially over the last 1 year and I want to get out of the agreement which the buyer locked me for 1 year plus.

What can I do to get out of this agreement? I am willing to pay reasonable compensation to the buyer but do I have to compensate the agent as well? And will the agent refund the deposit collected to the buyer?

Pls advise. Thanks.

P.S. Some may think that I am greedy but in truth the property did not appreciate for 6 years and the price I agreed to was at a loss. Now I finally have a chance to recoup all the money I ploughed into this property and break-even.

Well, you can't just back out at this stage even though you did not mention whether an SPA has been executed or otherwise. Even with that booking form and proof of payment of 3% being earnest deposit, it is good enough to form a binding contract. If you abort it:

1) You have to refund 3% to the purchaser (instruct the agent to do it, he cannot refuse to do so as he is holding it as stakeholder only)
2) With regard to agent fees - read what is provided for in the booking form - there ought to be something there about agent fees in the event of abortion of the transaction
3) You may have to pay a sum equivalent to the 3% - read what is provided for in the booking form.

Unless specifically excluded for in the booking form, the purchaser has the right to go for specific performance against you, i.e. to obtain a court order to compel you to sell it to him at the price stated in the booking form.

So if you want to pay him damages, that is between you and him.

Note: The above advice is based on the premise that there is no SPA and that parties still rely on the booking form and its terms and conditions.

Alright?

Hi,
I need advice. My dad own a property and blindly signed a tenancy agreement prepared by the tenant few years ago. There isnt any early termination clause for landlord.
In this case, can my dad transfer the property to me?
If yes, is the tenancy agreement still valid as my dad is no longer the landlord.

Thanks.

Yes of course he can transfer it. Just because it is tenanted doesn't mean that he can't sell/transfer title to another party. Read the terms of your agreement and look for a term which provides otherwise, for example a clause whereby the landlord covenants not to transfer/sell the property to another party throughout the tenure of the tenancy. It sounds absurd and is not the common way of doing it but who knows, perhaps the tenant inserted it to protect himself.

If the clause is there, then perhaps your dad's intention of transferring it to you would have to be put on hold at the moment.

Same goes for your second question - look at the agreement and see if there are such terms which states to the effect that the tenancy will bind the heirs,successors-in-title, subsequent transferee of title, etc. If there is such a term, then the tenancy will continue despite a change in ownership of the property.

So you see, there would not normally be a term which prohibits the landlord from transferring to another party, thus terminating the tenancy. It would be enough to have a clause which provides for the tenancy to continue to be in effect despite a change in ownership. The tenant ought not care who the landlord is, as long as his right to have the tenancy continue until the end of its tenure is safeguarded.

Dario,nowe i find out the property have termites and the pipes all block no water coming out .can i terminate the trandsactions with these reason?

i would like to ask for a case of an apartment. The apartment has been almost 20yrs, and there are sign of leaking of water from the unit above into my unit. (infact a lot of units have the same problem for the whole block). So under this case, how should i go about? log complant to the management? who should do the repair? what if the owner unit above is not cooperative? what can i do?

Thanks Dario. There is no SPA yet.

There was an almost similar question by eurayle @ Jul 15 2011 in this thread. Do take a look at the QnA between us. If still got any questions, do come back.

It might be an issue with the main pipes (as you said many others are facing the said problem), so it could be something for management to look into.