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hbgoh57
post Mar 30 2011, 12:46 PM

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Hi Dario can you pls advice.... sharing a property with my partner with loan amount 630k
Another question is I am buying the property(freehold) from a malay owner. The thing is the owner bought the property with bumi discount from the developer but my agent and lawyer told me that the property is under open title. Is there such a thing whereby u can buy with bumi discount and yet it is non bumi lot?

I am taking the same lawyer for both the SPA and loan agreement...Fee as below Thanks


ESTIMATED BILL FOR SPA
PURCHASE PRICE: 700,000.00

Legal fees
Sale and Purchase Agreement 5,350.00
Submitting CKHT 2 Form (RM200 per person/form) 400.00
Private Caveat (Entry & Withdrawal) 350.00


Add 6% Service tax 366.00

Total 6466

Disbursements
Stamping – Sale and Purchase Agreement 40.00
Stamping - Statutory Declaration 0.00
Adjudication 0.00
Land Office Fees – transfer 500.00
Land Office Fees – search 90.00
Land Office Fees – Caveat (Entry, Notice & Withdrawal)(RM380) 380.00
Land Office Fees – Application for consent (433B)(RM200) 0.00
Land Office Fees – CTC of Title (RM50) 0.00
Land Office Fees – Registration fees for consent (RM30) 0.00
Land Office Fees – Application for consent (Restriction-in-Title)(RM50) 0.00
Land Office Fees – CTC of Title (RM50) 0.00
Land Office Fees – Registration fees for consent (RM30) 0.00
Bankruptcy search (RM12 per person) 12.00
Affirmation fees for SD 24.00
Printing & Photostating, telephone, fax, postage charges 100.00
Travelling / dispatch 100.00
Miscellaneous 50.00
Stamp Duty (estimated) 15,000.00

Total 22,762.00






ESTIMATED BILL FOR Loan Agreement

Legal fees
Facilities/Loan Agreement 4,889.44
Charge 488.94
Private Caveat (Entry & Withdrawal) 350.00

Add 6% Service tax 343.70

Total 5,728.39


Disbursements
Stamping – Loan Agreement 40.00
Stamping – Charge 40.00
Stamping - Statutory Declaration 30.00
Stamping – Statutory Declaration for owner occupation 30.00
Land Office Fees – Charge 120.00
Land Office Fees – search 120.00
Land Office Fees – Caveat 380.00
Land Office Fees –Noting of PA 60.00
Land Office Fees – Letter of Consent 30.00
Affirmation fees for SD 48.00
Bankruptcy search 96.00
Purchase of Facilities Agreement & Charge Annexure 200.00
Printing & Photostating, telephone, fax, postage charges, dispatch , miscellaneous 250.00
Stamp Duty 3,175.00

Total 4,619.00

Total 10,691.09
hbgoh57
post Mar 31 2011, 02:33 PM

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QUOTE(dariofoo @ Mar 30 2011, 05:01 PM)
hbgoh57:

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The legal fees are alright.

With regard to disbursements:
1. Bankruptcy search - RM96 for loan? How come? If you look at SPA disbursements, RM12 has already been billed. There is no need to do it twice.
2. Purchase of facilities agreement - make sure that it is actually RM200. Some banks charge only RM100, some RM150, and some RM200. If in doubt, casually call the bank and enquire.
3.Stamping - Statutory Declaration    30.00
  Stamping – Statutory Declaration for owner occupation 30.00
* Only one copy needs to be stamped with RM10 nominal duty so it ought to be RM10 each.
4. Total disbursements for travelling, printing, misc, etc for both bills combined is RM500, which is very high. Normally when one firm is used for both SPA and loan these costs ought to be reduced. Or else, it would make no difference if you appoint another firm to do your loan doc.
Bumi discount is a separate issue from bumi lot. Bumi discount is across the board for all bumiputeras as of right, while bumi lot is as divided by the developer according to the directives by the relevant state authority. If your lawyer has done the relevant searches he can find out for certain on your behalf if it is indeed a bumi lot.

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*
Thanks so much Dario.. you have been a great help to many of us who actually do not have much experience. It is easy for some unethical agents and also lawyers to manipulate us. For my case, the lawyer was actually recommended by the agent with the promise of 50% discount on the fee which i guess he eventually would jack up the disbursement to cover the 'loses'....

Anyway my biggest mistake was to hire the lawyer from the agent.. if i would have gone through the post earlier I would have realized how important it is to get the right lawyer.

I have one more query, if lets say the owner actually bought with bumi discount, does he or anyone of us need to pay back the discounted amount since it is sold to a non bumi?

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