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 Cheated by real estate agent, its my first house and its end up a mess

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macho dog
post Mar 14 2013, 01:21 AM

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u tell the principal if u dun getnrefund by certain date u will complain at every possible avenue lowyat, mre, wtf, rehda, cap, etc, etc.

u can threaten to reveal this case to public too provided u dun say it is cheating case but negligence which can be substantiated by supported facts and docs.

any businessman with a sound mind wud not want this kind of publicity esp in real estate bussiness. can gulung tikar one.

after all it,s their mistake and refunding to u is a must and not negotiable.




pekoejazzy
post Mar 14 2013, 07:48 AM

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If the owner is bumi, does it automatically make it a bumi lot? I've read through the scenario in this thread that the buyer is facing and no where it is mention that inside the land title it clearly stated that is "bumi lot", except its in Bukit Jalil (freehold with consent) and previous owner is bumi.


I have a concern here, nearing to Snp signing for a landed property:

1. Title is freehold with consent
2. Owner is bumi owner
3. Checked the title and is non-bumi lot
4. Landed property (not strata title)

Is this a high risk to proceed on?
peri peri
post Mar 14 2013, 09:09 AM

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^ The guy above me, ^

Freehold with consent for bumi owner doesn't means is bumi lot

Its just because the land title matter which the bumi owner for the said lot having a restriction from land office in term of disburse. Some sort like lock in to prevent them from goreng goreng pisang. Standard guidelines for disburse is 5 years. After 5 years, either the owner itself appeal to waive or the next owner go and appeal.





triny
post Mar 14 2013, 10:05 AM

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QUOTE(dingdong985 @ Mar 5 2011, 11:55 PM)
Sorry... not convenient to mention it...scare they will sue me
but i can tell the unit is at vista komanwel
for those who like to purchase a unit there, be careful, as there are a lot bumi lot there.
The other agents which i tried to seek help from, directly asked me to check it is a bumi lot or not when she heard it is vista komanwel
I was so silly and end up at at condition where my RM8400 is stuck inside now and pending for refund.
haih
Give money buy headache!!!!!!  rclxub.gif


Added on March 5, 2011, 11:55 pmmore than 10...since 1998... strata title out already


Added on March 5, 2011, 11:57 pm
Sorry....cant share...but i think when u go view house better is
1) know whether owner is malay or not
2) when u sign confirmation letter, make sure the owner sign already, else u no need to give the deposit to the agent 1st ( advice from other agent )
3) if it is a malay owner and he claim it is not a bumi lot, try to check with known lawyer or called up the developer to find out it yourself.

1 lesson 3k, total 9k sad.gif
*
Hi, glad that you shared your experience to people so we can all be alert. Instead of worried to be sued by the real estate agent, I guess they should be more worried with you because after listening to what you said, you have a valid cause of action against them for misrepresentation (fraudulently or not).

I came across to this kind of problem before. Feel free to pm me if you want to discuss further.

This post has been edited by triny: Mar 14 2013, 10:06 AM
pekoejazzy
post Mar 14 2013, 01:42 PM

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QUOTE(peri peri @ Mar 14 2013, 09:09 AM)
^ The guy above me, ^

Freehold with consent for bumi owner doesn't means is bumi lot

Its just because the land title matter which the bumi owner for the said lot having a restriction from land office in term of disburse. Some sort like lock in to prevent them from goreng goreng pisang. Standard guidelines for disburse is 5 years. After 5 years, either the owner itself appeal to waive or the next owner go and appeal.
*
Hi Peri,

That's great that you share this point with me. The owner is the first owner of the house and they bought the house (directly from developer) since 1986. So I guess the 5 year thing does not apply. Now is the long (hopefully not too long!) waiting period smile.gif
tsi_sam888
post Mar 16 2013, 09:13 PM

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give us his details... sama boycott lol
ryokouse
post Mar 16 2013, 09:48 PM

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I am sorry for what you are facing especially on your very first house.
this people are making the property market a mess, making people who work hard in property market having a diffucult life. however, if you do not disclose who this person come from, someone out there will get cheated again. will you please pm to all of us who want to know this person personally so we can be aware of this person next time when dealing with agents? thanks
pekoejazzy
post Mar 18 2013, 05:42 PM

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QUOTE(peri peri @ Mar 14 2013, 09:09 AM)
^ The guy above me, ^

Freehold with consent for bumi owner doesn't means is bumi lot

Its just because the land title matter which the bumi owner for the said lot having a restriction from land office in term of disburse. Some sort like lock in to prevent them from goreng goreng pisang. Standard guidelines for disburse is 5 years. After 5 years, either the owner itself appeal to waive or the next owner go and appeal.
*
Hi Peri,

Since the 5 year period is over, what are the chances of getting an approved consent from S'gor gov? What is this waive about? is this to waive the restriction away so that the restriction will not appear in the land title or the restriction is still here to stay even after consent is given?

There are 2 options now:

1. appeal to waive (remove the restriction)
2. apply for consent (the restriction stays)

Is this understanding correct?
Firsttimebuyer
post Dec 26 2013, 12:53 AM

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Need urgent advice from all sifus. I am a first time buyer and got cheated by the agent as well. Now risking my earnest deposit because the agent kept telling me that it's not refundable. Based on the below points, can you advise if I have a chance?

1. Agent said can get 90% despite the fact that the property is under commercial title. I checked with most banks and the reply is 80-85%. My loan approved for 85%.
2. Valuation, again he promised sky and moon and the highest valuation is only 90% of the purchase price.
3. 50% Stamp duty waiver does not apply to commercial title while he said can. After checking with the lawyer, the answer is no.
4. Assessment tax and quit rent, he told me assessment tax is RM400 per year. Based on the assumption of RM1200 rental per month x 12 months x 12%, it is much more than RM400.
5. I had wanted to insert the clause that the deposit is refundable if loan is rejected but he insisted that I can't put it down as it is not a standard clause. Being an inexperienced first time buyer, I let it go.

I have already written to the agency but have not received any reply and plan to take the matter up to Consumer Tribunal.

What do you guys think? This is a clear case of misrepresentation by the agent right? My challenge is that most of the conversation are verbal, how do I prove my case?
Firsttimebuyer
post Dec 26 2013, 01:00 AM

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QUOTE(bearbearhong @ Mar 11 2011, 05:36 PM)
reapfields is quite well known, there are few others...
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I got cheated by Reapfield agent so can't agree with you. The bugger just wanted to make a quick buck and ruined the company's reputation. I believe Reapfield is still a good real estate company but can't say the same about their agents.
Firsttimebuyer
post Dec 26 2013, 01:25 AM

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QUOTE(henryhing @ Mar 7 2011, 08:53 AM)
I dislike young agents especially if the agent is a guy..Smooth criminal.
I love old aunty agents which are not aggresive. They seem more genuine and not in rush to push u to buy a prop. They tend to be more patient..Its just based on my personal experience...
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Again I disagreed due to my recent experience. My agent is the aunty agent and the seller's agent is a young chap who bulls his way around (too late for me to realize thanks to my inexperience) and both are from the same agency. The aunty agent is very pushy and kept telling me that it's a good buy and I need to close the deal before end of this year otherwise all prices will go up next year. Even mentioned GST as one of the factors until my friend asked her why as GST will only be implemented in April 2015.
R o Y
post Dec 26 2013, 02:06 AM

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QUOTE(Firsttimebuyer @ Dec 26 2013, 12:53 AM)
Need urgent advice from all sifus. I am a first time buyer and got cheated by the agent as well. Now risking my earnest deposit because the agent kept telling me that it's not refundable. Based on the below points, can you advise if I have a chance?

1. Agent said can get 90% despite the fact that the property is under commercial title. I checked with most banks and the reply is 80-85%. My loan approved for 85%.
2. Valuation, again he promised sky and moon and the highest valuation is only 90% of the purchase price.
3. 50% Stamp duty waiver does not apply to commercial title while he said can. After checking with the lawyer, the answer is no.
4. Assessment tax and quit rent, he told me assessment tax is RM400 per year. Based on the assumption of RM1200 rental per month x 12 months x 12%, it is much more than RM400.
5. I had wanted to insert the clause that the deposit is refundable if loan is rejected but he insisted that I can't put it down as it is not a standard clause. Being an inexperienced first time buyer, I let it go.

I have already written to the agency but have not received any reply and plan to take the matter up to Consumer Tribunal.

What do you guys think? This is a clear case of misrepresentation by the agent right? My challenge is that most of the conversation are verbal, how do I prove my case?
*
Did you buy a Serviced Apartment or another type of commercial property?

Serviced Apartment which is now under HDA is recognized as a residential property by banks and government even though its built on commercial land.

With regards to valuation, did you apply through the bankers recommended by your Agent? He may have pre-agreed valuers ready to match the selling price.

Regarding Assessment Fees, so actually what is the actual assessment fees for the property?



Firsttimebuyer
post Dec 26 2013, 11:10 PM

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Hi Roy, no it's not a Serviced Apartment and also not under HDA. Property I booked is Empire Studio, considered Office Suite as stated in the bank offer letter. One of the banks managed to get the exact same valuation verbally but letter of offer still depends on the actual valuation which worries me a lot as the offer will depend on valuation (85% of valuation instead of purchase price). If the formulae I have derived is correct then it's around RM2K based on monthly rental of RM1,200 and 12%. Residential property is 6%.

I see that you're a Real Estate agent and do you mind to share if I will be successful at getting back my earnest deposit based on the arguments above?
wanted111who
post Dec 27 2013, 11:13 PM

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i wonder why so manyhere hate bumi lot , i personally like bumi lot provided the consent is given by state authorities with or without the 7% waiver
forever1979
post Dec 28 2013, 07:29 AM

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QUOTE(wanted111who @ Dec 27 2013, 11:13 PM)
i wonder why so manyhere hate bumi lot , i personally like bumi lot provided the consent is given by state authorities with or without the 7% waiver
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You are so different.
Even bumi owner will complain the bumi quota that make the house so difficult to sell.
U just check on Mudah.com.my that many owners advertised themselves and after XX months, house still cannot br sold. Even (next) bumi purchaser will try to vaoid buy the unit.
wanted111who
post Dec 28 2013, 09:25 AM

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QUOTE(forever1979 @ Dec 28 2013, 07:29 AM)
You are so different.
Even bumi owner will complain the bumi quota that make the house so difficult to sell.
U just check on Mudah.com.my that many owners advertised themselves and after XX months, house still cannot br sold. Even (next) bumi purchaser will try to vaoid buy the unit.
*
For Bumi , of course it is unwise to buy bumi unit , but for non bumi it is good - provided you have cash and time to wait for state consent . All i can say is these , there is a guarantee return of at least 10% after the consent is given (normally within 1 year)

I do agree it is hard to offload a bumi unit , but it is easy to offload a non bumi unit , agree? Let just say there is loophole within the property cycle

This post has been edited by wanted111who: Dec 28 2013, 09:28 AM
Siao_Lang
post Dec 28 2013, 10:59 AM

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QUOTE(wanted111who @ Dec 28 2013, 09:25 AM)
For Bumi , of course it is unwise to buy bumi unit , but for non bumi it is good - provided you have cash and time to wait for state consent . All i can say is these , there is a guarantee return of at least 10% after the consent is given (normally within 1 year)

I do agree it is hard to offload a bumi unit , but it is easy to offload a non bumi unit , agree? Let just say there is loophole within the property cycle
*
First of all. Nowadays more and more bumis are buying non-bumis unit.. Cause hard to dispose the bumi lot..

Don't understand the logic behind what the G is doing by imposing bu lot on a property. Bumi quota, yes.. But what if they cant dispose off the property?

And now it turns to become 'Disposal Quote' shocking.gif
SUSjolokia
post Dec 28 2013, 11:33 AM

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QUOTE(Siao_Lang @ Dec 28 2013, 10:59 AM)
First of all. Nowadays more and more bumis are buying non-bumis unit.. Cause hard to dispose the bumi lot..

Don't understand the logic behind what the G is doing by imposing bu lot on a property. Bumi quota, yes.. But what if they cant dispose off the property?

And now it turns to become 'Disposal Quote'  shocking.gif
*
Bumi buy for own stay buying bumi lot, those buy for flipping would buy non bumi lot for higher returns.

Nothing wrong with imposing Bumi lot, govt implement it to help out Bumi to own property with slight discount for them have place to stay as generally Bumi income r slightly lower compare to non bumi.


forever1979
post Dec 28 2013, 12:03 PM

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QUOTE(wanted111who @ Dec 28 2013, 09:25 AM)
For Bumi , of course it is unwise to buy bumi unit , but for non bumi it is good - provided you have cash and time to wait for state consent . All i can say is these , there is a guarantee return of at least 10% after the consent is given (normally within 1 year)

I do agree it is hard to offload a bumi unit , but it is easy to offload a non bumi unit , agree? Let just say there is loophole within the property cycle
*
But do the owner wanted to wait for 1 year for the buyer to obtain consent, or the cash buyer just fully paid 1st and in the event the consent cannot be obtained, it is his problem.
Please enlighten me what is the normal process.

I do know there is some lubang can settle the land office (yet depends on which land office) but it come with cost and if the seller know buyer can obtain the consent, he won't not sell so cheap.

So end of the day, i think after minus the hidden cost and time, saving maybe 5% only.
wanted111who
post Dec 28 2013, 10:46 PM

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QUOTE(forever1979 @ Dec 28 2013, 12:03 PM)
But do the owner wanted to wait for 1 year for the buyer to obtain consent, or the cash buyer just fully paid 1st and in the event the consent cannot be obtained, it is his problem.
Please enlighten me what is the normal process.

I do know there is some lubang can settle the land office (yet depends on which land office) but it come with cost and if the seller know buyer can obtain the consent, he won't not sell so cheap.

So end of the day, i think after minus the hidden cost and time, saving maybe 5% only.
*
from my own experience , and just for the note , i'm not encouraging people to do these and am just sharing the info i know . finally bare the risk on your own if you decided to follow my adv , of course if you gain it is all yours.

by gaining 10% i really meant a clean cut gain after deducting all the expenses, but there are some catch. instead of 10% or 20% cash money down payment you will definitely need 30% to 40% cash money for bumi lot and prepare to let these money sitting dead for a year. Why? bank will not so easily approve the loan , even if you qualify for a higher mortgage margin under normal circumstances (buying non bumi lot) , bank will not finance for the valuer fees, legal ,etc. you need to fork up ur own money for legal between bank and yourself including the valuer fees appointed by the bank for the bank.

for the consent, must do own research. try ask local council if there is any history of successful conversion before these or can check with the developer. a 'good' Law firm also help .

and the property must be a '' freehold '' not leasehold . try check if it's under strata or still under master title ,if under master must get developer consent 1st .

and i only wait 6 month for the consent , or less than that (forgot edi). and need to fork up another 7% of the property value (cash). , then get the consent. after i calculated all the cost against the prop value after conversion laugh.gif icon_rolleyes.gif thumbup.gif rclxms.gif . well I think i will keep it to myself. but with these info ,i think it is enough to help you get started.



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