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TSdariofoo
post Nov 29 2011, 11:48 AM

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QUOTE(Octopuz @ Nov 27 2011, 11:46 PM)
hi dario,

would like to check regarding the "registration fee for MOT"

bought a double storey terrace house (rm 370k) and i have
already signed SPA (developer's lawyer)...

but i was charged > rm 8k (excluding lawyer fee which borned by dev)..

stamp duty for MOT -> 6400 (standard charge)
registration for MOT -> 1500 (overcharge??)
disbursement -> ~500

fyi, the properties is located at Johor...

thanks
*
Am not sure about the fees for registration of MOT for Johor but what I do know is that for certain land offices, the fees are scaled according to the SPA price (one example is the Kuala Pilah Land Office in N9). So it could be the same method for your case. Perhaps you can directly ask your lawyer as to how they arrived at that figure? nod.gif
k3v1n
post Nov 29 2011, 05:41 PM

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Hi Dario, sorry for keep asking you stupid question. My lawyer give me a duplicate copy of stamped snp but she said vendor still haven't provide her the vendor's loan date so the snp got one statement leave blank there, she couldn't give me the original copy cause not complete info, so can I use this incomplete stamped duplicate copy to apply EPF withdrawal? Or need to wait the original copy? She said better wait everything complete first baru apply EPF but I really need money to clear all the outstanding dept of house purchasing. And for next time when i get the original copy, what is the purpose of this duplicate copy? Thanks!

This post has been edited by k3v1n: Nov 29 2011, 05:42 PM
Octopuz
post Nov 30 2011, 12:20 AM

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QUOTE(dariofoo @ Nov 29 2011, 11:48 AM)
Am not sure about the fees for registration of MOT for Johor but what I do know is that for certain land offices, the fees are scaled according to the SPA price (one example is the Kuala Pilah Land Office in N9). So it could be the same method for your case. Perhaps you can directly ask your lawyer as to how they arrived at that figure?  nod.gif
*
thanks...

have checked with Land Department of Johor...
For property between RM 300,001 - RM 400,000, the registration fee is RM 1,500... doh.gif
TSdariofoo
post Nov 30 2011, 10:54 AM

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QUOTE(k3v1n @ Nov 29 2011, 05:41 PM)
Hi Dario, sorry for keep asking you stupid question.
*
There are no stupid questions bro rolleyes.gif

QUOTE(k3v1n @ Nov 29 2011, 05:41 PM)
My lawyer give me a duplicate copy of stamped snp but she said vendor still haven't provide her the vendor's loan date so the snp got one statement leave blank there, she couldn't give me the original copy cause not complete info, so can I use this incomplete stamped duplicate copy to apply EPF withdrawal? Or need to wait the original copy? She said better wait everything complete first baru apply EPF but I really need money to clear all the outstanding dept of house purchasing. And for next time when i get the original copy, what is the purpose of this duplicate copy? Thanks!
*
Four copies will be sent for stamping - all four are identical as to contents - one will then be marked with a chop as ORIGINAL while the other three will be marked as DUPLICATE.

So, the blank part which you are referring to would be in all copies, not just your duplicate.

With regard to EPF, they would mostly just check on the purchase price, property particulars, the parties to the agreement and cross-refer with the letter of offer from your bank to see if the details match. I doubt if they will make an issue out of the omission. Keep your fingers crossed they don't notice it. sweat.gif

QUOTE(k3v1n @ Nov 29 2011, 05:41 PM)
And for next time when i get the original copy, what is the purpose of this duplicate copy? Thanks!
*
If you're taking a bank loan, then the bank will retain the original until the loan has been subsequently redeemed wherein all original documents will be returned to you. In the interim, you can keep the duplicate which is duly stamped and has full effect in law.

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TSdariofoo
post Nov 30 2011, 10:55 AM

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QUOTE(Octopuz @ Nov 30 2011, 12:20 AM)
thanks...

have checked with Land Department of Johor...
For property between RM 300,001 - RM 400,000, the registration fee is RM 1,500...  doh.gif
*
Thanks for the info. That's pretty expensive! sweat.gif
babyekc
post Nov 30 2011, 02:07 PM

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QUOTE(eddytbd @ Nov 27 2011, 04:00 PM)
please take note... consent to transfer is apply by the seller/vendor...

but consent to charge (charge to purchaser's financier) is apply by the purchaser/borrower...

dont confuse this 2 different consents
*
Hi Dario,

What's the different between Consent to Transfer and Consent to Charge? Does these 2 involve in Land Office? Which Consent execute 1st?
TSdariofoo
post Nov 30 2011, 03:09 PM

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QUOTE(babyekc @ Nov 30 2011, 02:07 PM)
Hi Dario,

What's the different between Consent to Transfer and Consent to Charge? Does these 2 involve in Land Office? Which Consent execute 1st?
*
Consent to transfer - to be obtained by vendor at vendor's cost.
Consent to charge - to be obtained by purchaser at purchaser's cost (unless cash purchaser)

Consent to transfer is applied first. However, if you have a scenario as follows:

a) Vendor is unrepresented and vendor authorises purchaser's solicitor to apply for consent to transfer;
b) Purchaser's solicitor is handling the loan documentation; and
c) Loan has already been approved with letter of offer out,

the lawyer can make apply for consent to transfer and consent to charge in one application. nod.gif
leoleo584
post Nov 30 2011, 08:18 PM

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i hv question here hope forumers can help..

I plan to buy property rm300k. How much cash i should prepare to pay deposit and lawyer fee if pay deposit 10%. Can i fully loan 100% with basic RM3800

Thanks...
k3v1n
post Nov 30 2011, 09:54 PM

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QUOTE(dariofoo @ Nov 30 2011, 10:54 AM)
There are no stupid questions bro  rolleyes.gif
Four copies will be sent for stamping - all four are identical as to contents - one will then be marked with a chop as ORIGINAL while the other three will be marked as DUPLICATE.

So, the blank part which you are referring to would be in all copies, not just your duplicate.

With regard to EPF, they would mostly just check on the purchase price, property particulars, the parties to the agreement and cross-refer with the letter of offer from your bank to see if the details match. I doubt if they will make an issue out of the omission. Keep your fingers crossed they don't notice it.  sweat.gif
If you're taking a bank loan, then the bank will retain the original until the loan has been subsequently redeemed wherein all original documents will be returned to you. In the interim, you can keep the duplicate which is duly stamped and has full effect in law.

icon_rolleyes.gif
*
Thanks for your reply and clear explanation, I wanna ask, what is "deed of assignment"? cause I read EPF website, this is one of the required document to submit, I dun have this doc yet... sweat.gif
Felixchui80
post Dec 1 2011, 12:55 PM

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How long to register a transfer of land tile lets say if you submit everything such as original title, stamped transfer, quit rent and assessment on monday?

I search internet and the result is 20-60 working days but some say 1 day only.
TSdariofoo
post Dec 1 2011, 01:20 PM

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QUOTE(leoleo584 @ Nov 30 2011, 08:18 PM)
i hv question here hope forumers can help..

I plan to buy property rm300k. How much cash i should prepare to pay deposit and lawyer fee if pay deposit 10%. Can i fully loan 100% with basic RM3800

Thanks...
*
Deposit - RM30K, lawyers fee - do use the legal fees calculator at the first page to calculate. Don't forget stamp duty also.

With regard to your query as to whether you can get a full loan you might want to check with a mortgage consultant instead. nod.gif

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TSdariofoo
post Dec 1 2011, 01:30 PM

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QUOTE(k3v1n @ Nov 30 2011, 09:54 PM)
Thanks for your reply and clear explanation, I wanna ask, what is "deed of assignment"? cause I read EPF website, this is one of the required document to submit, I dun have this doc yet... sweat.gif
*
When there's no title, Deed of Assignment (DOA) is the document which proves transfer to beneficial ownership of the property from the vendor to you.

Are you sure that they require the DOA? Unless you're buying by way of cash? From what I understand, they require the SPA, letter of confirmation from the developer and letter of offer from your bank as supporting documents.

* am assuming that this is a subsale and you're taking a loan.

http://www.kwsp.gov.my/index.php?hdl=bin&rp=1286
TSdariofoo
post Dec 1 2011, 01:33 PM

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QUOTE(Felixchui80 @ Dec 1 2011, 12:55 PM)
How long to register a transfer of land tile lets say if you submit everything such as original title, stamped transfer, quit rent and assessment on monday?

I search internet and the result is 20-60 working days but some say 1 day only.
*
Depends on the land office in question. Different land offices, different policy. Shah Alam Land Office guarantees it to be issued in 3 working days.

If you're taking a loan, proof of presentation of the MOT (via official receipt) is sufficient to advise the bank to drawdown the balance loan sum. There is no need to wait for the new original title. That can be collected and handed over to the bank later. nod.gif
wongck
post Dec 1 2011, 01:47 PM

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I'm buying a house. And the owner lawyer set these terms. Is it fair to me? Please advise. TQ.

e. The Purchaser(s) may obtain a loan from a financial institution (hereinafter referred to as “the Financier”) for a loan (hereinafter referred to as “the Loan”) to assist the Purchaser(s) to complete the sale and purchase herein. The failure by the Purchaser(s) to obtain the Loan shall not be a reason or an option for termination of this Agreement by the Purchaser(s).

DELIVERY OF VACANT POSSESSION
The Vendor(s) shall deliver vVacant possession of the said Property shall be deemed delivered to the Purchaser(s) within Five (5) working days from the date of full settlement of the Balance of Purchase Price and all interest accrued thereon (if any) and apportioned outgoings in accordance with the terms of this Agreement. In the  event of vacant possession not being delivered within Five (5) working days  from  the  date  of full settlement of  the Balance of Purchase Price, the Vendor(s) shall pay to  the Purchaser(s) interest at the Interest Rate referred to in Section 14 of the Schedule on the Purchase Price to be calculated on a daily basis commencing from the Fourth (4th) day onwards until  the actual  delivery of vacant possession to  the  Purchaser(s) Provided Always nothing herein contained shall prejudice to the  other  rights and remedies as may be available  to  the Purchaser(s) at law or by equity.

This post has been edited by wongck: Dec 1 2011, 01:52 PM
k3v1n
post Dec 1 2011, 03:20 PM

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QUOTE(dariofoo @ Dec 1 2011, 01:30 PM)
When there's no title, Deed of Assignment (DOA) is the document which proves transfer to beneficial ownership of the property from the vendor to you.

Are you sure that they require the DOA? Unless you're buying by way of cash? From what I understand, they require the SPA, letter of confirmation from the developer and letter of offer from your bank as supporting documents.

* am assuming that this is a subsale and you're taking a loan.

http://www.kwsp.gov.my/index.php?hdl=bin&rp=1286
*
I dont have either DOA or letter confirmation from developer... sweat.gif , anyway I will try to apply see success or not. Thanks for your reply, if I face problem again I will ask you ya! icon_rolleyes.gif notworthy.gif
merchant9
post Dec 1 2011, 07:55 PM

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I am not sure how this legal fee thing work so I have to ask you lawyers here for some advise.

We recently purchase a property and would like the bank loan to cover our legal fees.

The bank quoted me the legal fee amount is RM7k.

Is it still possible for me to call up the lawyer office to ask for discount?

If lawyer office says, legal fee is 8k, I have to pay the 1k difference?

If lawyer office says, legal fee is 5k, then bank loan legal fee amount is 7k. What happens to the difference?
irise.ufall
post Dec 1 2011, 10:17 PM

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Hi Dario, i refer to 1 of my previous posts below:

» Click to show Spoiler - click again to hide... «



Unfortunately after few months, the unit has not been handed to me yet.

And now new problems arise.

Hope to seek for your professional advices: notworthy.gif


1) My SPA lawyer (which is also the owner's lawyer) sent me an email today morning to tell me that 1st MOT (between Developer & the owner) has been duly adjudicated dated 7 Nov 2011. Second MOT (between the owner and myself) was duly adjudicated on 29 Nov 2011.

2) Unfortunately the lawyer called me in the evening today to tell me that the owner has decided to pull out (after so long). They don't not want to sell the unit now. Reason given: There was an MIS-understanding between the husband & the wife. Wife wanted to sell but her husband never agreed to sell. Lol.. shakehead.gif

Now my questions are:

1) May i know what are my rights eventhough the owner is willing to pay back my 10% deposit + 10% compensation?
2) Is the owner supposed to bear for my SPA & Loan Lawyers' fees? I hv paid a few thousands to both my lawyers. cry.gif Can i ask them to pay?
3) What if i reject their request? (I noticed that the value of the property has increased more than at least 60k from my purchase price, i suspect this could be the real reason behind hmm.gif )
4) Shall i bring this case to court?

Your advices are much appreciated. notworthy.gif

Thank you very much.

This post has been edited by irise.ufall: Dec 1 2011, 10:20 PM
TSdariofoo
post Dec 2 2011, 12:03 AM

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QUOTE(wongck @ Dec 1 2011, 01:47 PM)
I'm buying a house. And the owner lawyer set these terms. Is it fair to me? Please advise. TQ.

e. The Purchaser(s) may obtain a loan from a financial institution (hereinafter referred to as “the Financier”) for a loan (hereinafter referred to as “the Loan”) to assist the Purchaser(s) to complete the sale and purchase herein. The failure by the Purchaser(s) to obtain the Loan shall not be a reason or an option for termination of this Agreement by the Purchaser(s).
*
Some vendors are kind enough to allow a get-out clause whereby part of the deposit will be refunded if the purc fails to obtain a loan within a certain period of time - say 1 month from the date of the SPA.

Some vendors are the opposite - like the one in your case - or most probably it's the lawyer whistling.gif

If you've got a loan approved then I suppose there's nothing to worry about in this clause. If you don't and if you're not confident, then what it means is that you have to foot up the balance purchase price in cash or risk your 10% deposit being forfeited if you fail to complete the SPA in time.


QUOTE(wongck @ Dec 1 2011, 01:47 PM)
DELIVERY OF VACANT POSSESSION
The Vendor(s) shall deliver vVacant possession of the said Property shall be deemed delivered to the Purchaser(s) within Five (5) working days from the date of full settlement of the Balance of Purchase Price and all interest accrued thereon (if any) and apportioned outgoings in accordance with the terms of this Agreement. In the  event of vacant possession not being delivered within Five (5) working days  from  the  date  of full settlement of  the Balance of Purchase Price, the Vendor(s) shall pay to  the Purchaser(s) interest at the Interest Rate referred to in Section 14 of the Schedule on the Purchase Price to be calculated on a daily basis commencing from the Fourth (4th) day onwards until  the actual  delivery of vacant possession to  the  Purchaser(s) Provided Always nothing herein contained shall prejudice to the  other  rights and remedies as may be available  to  the Purchaser(s) at law or by equity.
*
This is unfair. It is normal practice for the vendor to be penalised if he delays to surrender VP to the purc after receiving the full purchase price. The effect of the deletion is that the vendor can just delay after the expiration of 5 working days and would not be penalised for it.

You must insist for the deleted part to be included. In fact, 5 working days is very gracious. The norm is always 3. nod.gif

Good luck. icon_rolleyes.gif
TSdariofoo
post Dec 2 2011, 12:04 AM

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QUOTE(k3v1n @ Dec 1 2011, 03:20 PM)
I dont have either DOA or letter confirmation from developer... sweat.gif , anyway I will try to apply see success or not. Thanks for your reply, if I face problem again I will ask you ya!  icon_rolleyes.gif  notworthy.gif
*
Get a copy from your lawyer,chief. icon_rolleyes.gif
TSdariofoo
post Dec 2 2011, 12:10 AM

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QUOTE(merchant9 @ Dec 1 2011, 07:55 PM)
I am not sure how this legal fee thing work so I have to ask you lawyers here for some advise.

We recently purchase a property and would like the bank loan to cover our legal fees.

The bank quoted me the legal fee amount is RM7k.

Is it still possible for me to call up the lawyer office to ask for discount?

If lawyer office says, legal fee is 8k, I have to pay the 1k difference?

If lawyer office says, legal fee is 5k, then bank loan legal fee amount is 7k. What happens to the difference?
*
The legal fee quoted by the bank is based on what the lawyer quoted to the bank. Same thing.

Discounts are illegal and we don't discuss it in this thread as it is between you and your lawyer to talk it over and make the necessary arrangements. nod.gif
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