1) Hard to tell. Depends highly on the efficiency of the land office in question. I'd give it roughly 2-3 months at the soonest.
2) Can do back to back transfer. Then the only thing left in between is adjudication by LHDN. That won't take long nowadays. Fastest can be roughly 5 working days, and 10 working days latest.

PS: Is it too late for the developer to agree to do direct transfer of title to you? Furthermore, vendor does not have to pay stamp duty. See your luck if developer agrees or not. 

Hi,

I've been through all these recently, as recent as few weeks back. So, I just wanna share my experience. 1st of all, do you know the 'currently in the process to transfer to the owner' is at which stage now? If the developer lawyer has 'presented' to the Land Office, then they will have the Presentation slip, with the number, you can check the status in strata.selangor.gov.my. The last I checked with Land Office, a week or 2 back if I'm not mistaken, they're currently processing cases for year 2010 Nov and Dec. You can check it with your date on the Presentation slip, then you can roughly know how long more to process. And you can forget the 'Computerization System of Strata Titles', the system is only running for Landed properties, not condo.

Normal procedure, my date on Presentation slip is April 2011, Land Office staff told me probably the process can be finished by Oct 2011 but i doubted it. You can appeal with the Land Office to speed up the process, if they accept it, it'll take about a month.

If you haven't reach to 'Presentation slip' stage, yes, I would say it probably take a year or more, to transfer from developer to vendor and to you.
Regards.

Hi babyekc, thanks for sharing your experience. I think the the current owner is still waiting a letter from the developer. Need to check with the owner again.

Won't be up to one year. Less than that.

1) Hard to tell. Depends highly on the efficiency of the land office in question. I'd give it roughly 2-3 months at the soonest.
2) Can do back to back transfer. Then the only thing left in between is adjudication by LHDN. That won't take long nowadays. Fastest can be roughly 5 working days, and 10 working days latest.

PS: Is it too late for the developer to agree to do direct transfer of title to you? Furthermore, vendor does not have to pay stamp duty. See your luck if developer agrees or not. 

I'd give it a month at the earliest. Did the lawyer give you a timeframe. Hulu Langat Land Office is not bad. Efficient also 

Yep.
1. Compromise la. Go for 6+3. 
2. Normally it is not rented out to other people. It depends if the owner agrees to it but I doubt if he will agree, as he might as well rent it out to a third party at the market rate himself! 

Don't get confused between registration of transfer and application for consent. It is consent which takes 6-9 months ( 6-9 is maximum - if lucky can get earliest 1 month and average between 3-4 months). Registration is faster. 

After stamping MOT, lawyer presents the MOT and charge instrument (Form 16A) (for properties charged to a bank), to the Land Registry/Office for registration. On presentation, a presentation number would be allocated. It would take an approximate 6 to 9 months or earlier with the recent implementation of the Computerization System of Strata Titles.

webber:


1) If the SPA is aborted, the letter of offer is of no effect. By right, the bank ought not charge you anything. Check if anything is stated in the letter of offer. If nothing, check with your mortgage agent.

2) Normally if SPA is aborted then half of professional fees is charged and disbursements incurred only (which is not much - perhaps the relevant searches, letter of confirmation,etc). Some solicitors are gracious enough to just waive whatever fees on the condition that you still appoint them for the next purchase (as you would still need a lawyer then). Some are more "demanding" and would demand to be paid for work done. But don't be fooled into paying them in full.

3) You did not even pay a single cent to the vendor? In that case, there is no consideration (in monetary form) passing from you to him, and thus, it would be difficult to establish a contract to sell. Any booking form/letter of offer to purchase?

Any other factors? Any correspondence by the vendor to your lawyer with regard to the draft SPA? At least something to acknowledge his intention to sell.

If there were correspondence between your lawyer and him, then he can't deny that you have taken steps to prepare the SPA with the intention to create legal relations. As such, that would be a point in your favour.

I can't suggest more as I do not have all the facts before me.

4) If he still refuses to sell you have the option to send him a letter of demand to compel him to do so, or in the alternative (if you just want to give up and move on), claim for damages for costs incurred (legal fees, bank penalty [if any]) .

Hmmm. Good enough to show intention to create legal relations there. If he still refuses to sell after the LOD, then you have to file a civil suit for an injunction against him and at the same time seek for an order for specific performance. However, your case is not a 100% open-shut case, as they call it, as you have not paid him any consideration. You may come unstuck there. Seek for advice and counsel from your SPA lawyer first before deciding. Am sure there is a way to settle it without having to resort to litigation.

What if you win the case (after a few years perhaps, if it goes on for appeal) - and the vendor totally wrecks the house in spite and anger before moving out? It has happened before. You would then be looking at a bigger bill to make good the damage. Yes you may sue him for causing all that but once he has moved out can you trace him and serve the legal papers on him? Doubt so.

Weigh your options carefully. If you really think that it is worth it, then go for it. If there are alternative choices to buy, you might as well save yourself the headache, and legal fees for the civil suit (which will not be cheap as injunctions are costly).

Good luck