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Split^rOck
post Apr 6 2011, 04:54 PM

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Gentleman, i need some advice from you guys. If i booked a unit from a develop and the SA said free "SPA for lawyer side". Does it mean that i can get free SPA legal fee as well as free SPA stamp duty? In other words, i only have to pay for loan legal fee ?
Split^rOck
post Apr 6 2011, 05:23 PM

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QUOTE(dariofoo @ Apr 6 2011, 05:02 PM)
Free legal fees would be included. Free stamp duty for SPA would refer to stamp duty on your MOT. So that will only arise if there's individual title issued at the time you execute your SPA. Check with the SA if there's individual title.

Most of the time, the developer would not have the individual title, and even if they did, they rarely would absorb the cost of the stamp duty.

If nothing is mentioned about free legal fees for loan documentation - then yes, you would have to fork that out, and this time, there would be ad valorem stamp duty on the facilities agreement (loan agreement).

Calculator:
http://www.elawyer.com.my/legal_calculator_info.php

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Few more questions. Can we obtain the individual title during construction stage? and do i have the option to apply or ignore the individual title? Since the owner need to pay for the stamp duty after getting the individual title, so what's the benefit of getting it ? It's because the property will worth more with the individual title ?
Split^rOck
post Apr 6 2011, 05:37 PM

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QUOTE(dariofoo @ Apr 6 2011, 05:32 PM)
Can! The faster the better.
There would be a notice from the m'ment office when the MOT is ready for execution once the individual title is out. No you can't ignore it or refuse to execute it. You are bound to execute it. So at that stage, you would need to cough up the stamp duty payable.

The benefit of having an individual title:
1. You would be registered as the registered proprietor of the property, as opposed to now, whereby you are merely a beneficial owner of an undivided lot of a master title, which may still be charged to an end-financier.

2. Once you settle your loan with your current bank, you would obtain the original individual title and you can charge it again for another loan. Basically you would have more flexibility.

3. You need not involve the developer again when you want to sell of your property/ discharge the charge - currently you would need the developer's letter of confirmation/ master chargee's consent, etc. This is an extra hassle.

With an individual title, you can bypass all those requirements.

Am not sure if it can enhance the value of the property as it is very subjective, but it would make it more attractive when selling, in the sense that it would be less of a hassle for the purchaser to complete the transaction. Convenience and expediency is what some, if not all purchasers look for when purchasing a property, right?

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Got it and thanks for your advice

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