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

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michaellee
post Mar 7 2011, 12:01 AM

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hi all,

actually the ones making money from bumi lots are the non-bumis. Bumi lots can be transferred (i don't know fortunately or unfortunately) and could be done without much hassle. It is one topic however, i would rather not talk about. So i will stop here regarding bumi lots.

But for the case of TS, you could report to police commercial crimes unit if you believe you have a case. Unfortunately, i must say you have made a lot of mistakes for a property purchaser. No one should sign anything or give any money unless you have a copy of the title deed. Make sure it is the right title deed. No doubt the agent might be daring enough to deny everything and said you knew all along it is a bumi lot and you are having cold feet. Purchasing properties would always favour the experienced. It is OKAY to ask along someone experience if you are unsure.

Law of defamation is not easy to prove. If you are certain your story is real and that you have been hoodwinked, then you are not defaming a person. But make sure you have solid proof of the other person's wrongdoing. In a forum, things can get emotional and people will tell you to do things as if you are a hero. In a real world, people get sued for being heroes.
michaellee
post Mar 7 2011, 12:09 AM

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QUOTE(1ullaby @ Mar 7 2011, 12:02 AM)
Okie well.. in my limited knowledge,
leasehold land really ONLY exist in commonwealth nations, and it varies in slightly different forms in each countries, some
will allow only up to 30 years or 50 years of lease (thailand, sg), in Malaysia its commonly 99 years while S'wak is 30 yrs if not mistaken.
But in UK itself, lease will extend up to 999 years.

'Leasing' the land comes from feudal system really, where no commoners actually 'owns' the land, they merely 'borrow' it while giving
tithes to the land owners.

While in modern UK this is still in force, at least 999 years is acceptable in terms of preserving the value long enough.
Some project locally while taking into account the holding period & construction period, it can be less than 90 years left..

Further to add, renewing the lease takes into calculation the value of the land WHEN the lease is renewed. The current market price
is used regardless of whether you bought it 50 years ago or not. Is this fair to leasehold land holders vs freehold?  biggrin.gif
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It is not true that leasehold occurs only in commonwealth countries. Frankly I do not have the extensive lists of countries with leasehold lands but for China, all lands are state owned. I don't know if they allow private land owners there nowadays. What they will give developers are the rights to develop a piece of land and then to lease the structure to buyers. Buyers will pay a lease price for the land the building occupies, whether stratified or subdivided. In the past, under colonial rulings, we have more freehold than leasehold.

There are quite a number of ways the government calculates the premium of land. In sarawak, apparently people have to pay up to 2/3 of the market value of the land to have their lease renewed (or thereabouts). PJ recently was not as bad (but I cannot remember the figure). I have agriculture lands renewed with very little premium compared with market price. So i believe it is a case by case basis and depending on the class of land.
michaellee
post Mar 7 2011, 12:40 AM

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QUOTE(1ullaby @ Mar 7 2011, 12:19 AM)
Alright, communist legacy systems aside, as you cant expect to own something if the policy is everything to be "shared equal".
Regardless of whether we have more freehold than leasehold in the past, the government can actually do something to it instead
of making things complicated. Come on, why maintain a policy that burdens the system when not every mechanism is oiled and greased?
And to serve what purpose?

For PJ case it the end its still to the discretion of the state government. Else at current PJ land price, it will be bad ... whether 2/3 or 1/10,
its still at current market price, whereby the people are supposely the owner of the land.
Case by case basis yes, residential land remains hopeful for premium reduction, but why put this burden on the people ..
For something that is uncertain, the value gets discounted ..
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In Singapore, where many people from this forum, tend to praise their system, most of their properties are leasehold. In fact ALL of their HDB are leasehold. Doesn't matter if it is freehold as the government can apply a law which states that they are intending to take the "freehold" land back for development and they pay you peanuts for it (which is unlike Malaysia, they do pay the market price for land acquired be it bumi or not). So does not really matter if you have leasehold or freehold. Perhaps for those who wants reassurance, just buy those freehold.


Added on March 7, 2011, 12:43 am
QUOTE(dingdong985 @ Mar 7 2011, 12:35 AM)
Thanks for the reminder. It think i got solid proof where he sent me another very unofficial letter to sign and stated that both owner and buyer do not know that the unit is not a bumi lot at 1st place.
the most important thing is that he as the agent who sell the thing should have make sure + clear on what he is selling. if he is uncertain, just tell me that he dunno, shouldnt confirm it is not a bumi lot. it is either he at 1st place plan to cheat me or his mistake for not making sure what he is selling
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Unfortunately we do live in a sometimes unfair world, where the nasty experienced people will take advantage of those who do not know. Just be extra careful. I believe you have a strong case, so just keep your stand but try to resolve amicably. It is to your advantage as I believe the agent might not have done it for the first time.

This post has been edited by michaellee: Mar 7 2011, 12:43 AM
michaellee
post Mar 7 2011, 08:48 AM

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QUOTE(kochin @ Mar 7 2011, 08:35 AM)
another sad case indeed.
with my property hunt some time ago, i easily met up with more than 3 dozens agents. of that, i can only say less than 5% are good agents. the other 95% are merely lying their way around.
sad to think that some or most of these morons actually made big profits from their commission of successful transactions.
haih!
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Unfortunately it is the reality of life. Property should be the single most expensive item a person would buy in his lifetime. Hence one should be very careful even if it is creating a hassle for the other party. Afterall, it is your money.
michaellee
post Mar 7 2011, 10:42 AM

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QUOTE(Dern @ Mar 7 2011, 10:37 AM)
I think you dont get other people's main point. Whether you reveal his name or not, how does he prove that dingdong985 is your real name ? and that he will specifically come to lowyat forum to check you ? secondly, when you reveal his name, im sure many people will pretend to go and test the water before boycotting him(well, maybe some will)....in a way, when you reveal his name and property name, many with not much knowledge in this area, will be saved.

I find it a bit illogical for you to think about his rice bowl when he already ripped you off, seriously.  shocking.gif
Indirectly, you are encouraging more real estate agents to commit such thing, because you are OK with it...as I said in some of my previous treat, shouldnt use real estate agent service if you want to buy house or sell house. Not all real estate agents are bad, but their service is ONLY necessary if you are too busy.
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I believe by Pointing out what has happened is enough for people to learn. Just let it be in case he is drag into a malicious intent defamation case.

michaellee
post Mar 7 2011, 03:14 PM

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QUOTE(dingdong985 @ Mar 7 2011, 02:45 PM)
hi guys...the agent has agreed to refund to me by tomorrow 5pm.
So i think the case is still pending as I havent receive money in my bank.

regarding the name....sorry, i still dont hope to review it....only able to advice u guys to go thru the processes mentioned all this while by experienced buyer so that you guys wont fall into the scam such as what im having right now. sad.gif
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Just curious, how come everyone is so interested in the agent's name. We should just move on.
michaellee
post Mar 9 2011, 05:26 PM

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QUOTE(dingdong985 @ Mar 9 2011, 05:10 PM)
Finally get refund!!!!!! quite relief d.....but until i saw the money in account i can fully relief smile.gif
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Congratulations. Unlikely to bounce unless the agency is planning to close shop by tomorrow. So give yourself a Tiger!
michaellee
post Mar 11 2011, 04:30 PM

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QUOTE(merce @ Mar 11 2011, 01:11 PM)
no offence... but that is a very shallow statement.  smile.gif
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No doubt a very shallow statement BUT i caveat it with the fact that majority of them are too profit oriented and are not doing their job. Most would lie through their teeth on their products but on further probing, they have no idea what they are selling.
michaellee
post Mar 11 2011, 06:41 PM

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QUOTE(Dern @ Mar 11 2011, 06:10 PM)
that's why tell all of us lahhhhhhh, aiyoh i really dont get u why so protective ? u think if you disclose his name, he kenot cari makan in real estate, he cant jump to other field meh ? aiyoh, KL/City people not as stupid as you think lah....

instead of saving a rice bowl, why not u save a lot of other rice bowls(the buyer) ????
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No doubt I believe TS is a nice guy. But again it is one sided story. Read and seep up the experience and be wiser. Knowing the experience will keep you wary of all bad agents. Knowing the name of one will make you less aware of others.

Let's move on
michaellee
post Mar 13 2011, 09:52 AM

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QUOTE(shaquenator @ Mar 12 2011, 08:19 PM)
i agree, but dont you think if you know that person, you should skip right away ? dont have to waste time to listen to him....anyway, im unsure what if the unethical thing if you expose his name though...

michael, it's true that everyone needs to move on. However, easier said than done, especially if in the event that dingdong cant get his refund and he loses in everything he does ? the point is dingdong might be lucky, but what if others might not be so lucky ? smile.gif
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I have attempted to give different scenarios in this thread and how to handle a transaction, but if those buggers wants to be spoon fed and avoid just one person, instead of learning how to do up a transaction properly, then I supposed that person should be stuffed. I always believe in never to give a man a fish but to teach him how to fish. Cheers!
michaellee
post Mar 14 2011, 03:18 AM

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QUOTE(Dern @ Mar 13 2011, 02:42 PM)
who are you referring to for the word "buggers" ?  rolleyes.gif

i hope you dont assume that everyone likes to be spoon fed, your assumption should be yours only...not others.
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When I used the word bugger it was referring to those who wants to be spoon fed. Rather than being wary about a single person, one should equip themselves with all the correct info in conducting a proper option to purchase/sell, SPA and facilities.
michaellee
post Mar 14 2011, 02:44 PM

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QUOTE(cyril85 @ Mar 14 2011, 02:38 PM)
want to ask, i planning to buy apartment directly from the owner.
and i ask her whether is it non bumi lot, she say she dunno as her S&P doesn't stated anything. are she lying?
how i going to know whether the unit is bumi or non bumi by asking her to show me any document?
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Take a look at the strata title. It should state the status. But since she is the owner and she is not bumi, then it is irrelevant if the lot is bumi. If a lot is bumi lot and after being granted the permission to sell it to a non-bumi, then the property will be "international" lot. You are free to sell to whoever. But if a bumi buyer comes along and buy the unit, then it becomes a bumi lot again.
michaellee
post Mar 14 2011, 03:13 PM

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QUOTE(cyril85 @ Mar 14 2011, 02:57 PM)
sorry i am new and this going my first buying. what is strata title?
and it will stated clearly non bumi or bumi?

actually the owner is bumi, that's what i afraid of.
but for bumi lot, they cant sell to me also right? so actually no risk?
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Strata title is actually the title deed for apartments. As you are sharing the land the apartments are built on, that's why they issue a strata title rather than a Grant (Geran). I have not purchase any bumi apartments before, so the short answer is I don't know. But for landed properties, it will be clearly chopped with a sign saying "LOT BUMIPUTERA".

Actually there are ways of transferring bumi lots but it is messy and may give you a few heart attacks. Being new to this, my best advise would be to ask you to steer clear of these type of assets. The risks are low if you have been doing it. Just remember Bumi lot needs MB consent.
michaellee
post Jun 2 2011, 03:52 PM

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QUOTE(mcong @ Mar 15 2011, 09:36 PM)
Hi dingdong985, one of my fren also bought a bumi lot last year. He bought it via bank lelong (auction) actually. Also to found out that it was a bumi lot after winning the bid. No hope to get back his deposit $ anymore. But he went to the state man and got his house title to be changed to non-bumi lot finally. Of coz, that was during election period  brows.gif and also went though some 'special' process in order to get the title change done. icon_rolleyes.gif
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I need to do some assumptions. First assumption, you have a very silly friend bordering on *&@#$. On every POS, it will mention if it is BUMI lot or not. Second, I believe it is NOT a high court auction, as for high court auction, even bumi lots can be sold to non-bumis. It is under the National Land Code. Third, if it is a bumi lot in LACA, then the fact your friend did not realise the borrower was a Malay (by nature of his name), then who can he blame? He should have asked or as per the POS, to do a search on the property. If your friend case is a true case, then it would be the first case that I have ever heard in my ENTIRE life. I have yet to see another or hear another person making the same stupid mistake.


Added on June 2, 2011, 3:54 pm
QUOTE(bbyoke @ Jun 1 2011, 10:04 AM)
I rented a house which is through a property agent (Ms Choo). This agent is from Yuyi Properties.

When I rented this house, the house is totally broken as most of the wood already eaten by the termites. then I requested to do a small renovation to the house. Initially the agent refuse as she claimed was too expensive and she wanted to increase my rental if they renovate for me. I was wondering this house is belong to them, even not me to request other people will request so! At last i told her if wan increase the rental i dont wan to rent or just remain. At last the landlord only agreed to renovate for me.

Thus, the agent get the low quality contractors to do for me, a small renovation took one month to complete and yet they did in simply way.

When it was completed, i realised two of my extension wayar were missing. I asked the contractor but they say not sure and will get back to me but i didnt get their call afetr that.
Until I really need to use the cable, i called to the agent told her this case. She said can claim from her then only I went to buy 2 extension wayar. Frankly speaking, the 2 missing are costly than the 2 that I bought. I know this agent is very stingy so I purposely choose the cheapest one.
The worst thing happened after that, I told her how much total i bought and scan my receipt to her.
She sms me saying she gonna pay for one only then immediately she off her hp.

I was very angry with her as she broke her promise and provide me such service.

I hope everyone must aware of such agent who is so much unreliable
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I honestly think the agent is being reasonable in paying for one. The other one should have been paid by you as you are careless enough to leave your extension lying around for others to take. Sorry that I have been bluntly rude in some of my replies, but I cannot believe how some people can post things about how others cheated them when they did not even look into the mirror themselves to see how much they themselves have faulted.

This post has been edited by michaellee: Jun 2 2011, 03:54 PM
michaellee
post Jun 16 2011, 10:51 AM

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QUOTE(lucerne @ Jun 15 2011, 11:35 AM)
how about if the agent show me the SPA that the owner is a non bumi. I wil rather buy from a non bumi to avoid troubles. Since there is many options there. I rather pay slightly higher if it is a chinese or indian owner. (vs Malays owner). i dun want to take risks. Also if u do title search (if Malays), lawyer will charge u too. I feel safer if i buy from a non bumi.


Added on June 15, 2011, 12:15 pm

very true, one of my best fren kena..


Added on June 15, 2011, 12:47 pmi was once persuade by a agent to buy a bumi unit at suria jelatek (junction of jl ampang/jl jelatek). suria jelatek is 70% belong to bumi coz it is a DBKL jv.  The agent told me the developer can change the unit to non bumi coz state govt oni want 30% quota, hence the remaining 40% can change to non bumi. (just pay back the 7% bumi discounts). luckily i didnt buy the unit after my lawyer advised me not to buy. lesson learn:
1. dun believe the agent 100%
2. dun lured by the lower bumi price
3. pls consult your lawyer b4 buy a prop
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The difference between bumi and non-bumi price can be quite big hence the reason why it is much more attractive to buy bumi lots. There would be hassle but if you have the right legal team, it is very easy to transfer bumi lots to non-bumis. you can always do the title search yourself in PTG.


Added on June 16, 2011, 10:57 am
QUOTE(poppygarden @ Jun 3 2011, 11:19 PM)
I guess this is the way to get more calls from buyers?? I encountered this so many times until I'm not even sure whether the unit has truly been sold or they don't really have the unit in the first place... BTW met an extremely rude agent lately and has lodged complaint, not sure if effective or not...
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It is a free market. Residential properties are still okay. If you ever venture into land banking or plantation, out of the 1,000 phone calls you made, only 1 is genuine. Yes, all of them are fake. But would you want to give up or keep on searching for that elusive one? Land banking and plantation sadly still relies heavily on contacts and networking especially with bankers and valuers. They would know who is facing difficulties and want to let go their land.

One has to be patient to search for good properties. If lazy or want to complain about "unethical" agents, just pay the market price and surely there would be hundreds of genuine ones to choose from.

This post has been edited by michaellee: Jun 16 2011, 10:57 AM
michaellee
post Jun 16 2011, 01:38 PM

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QUOTE(Dannyl @ Jun 16 2011, 11:28 AM)
But the 'market price' posted in iProperty is not the real market price.  Posted is RM500k, after viewing is RM550k.
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All you could do is to blacklist the agent yourself. A good agent will always want to provide the best services so that they could repeat the business or you would recommend him/her to others.

 

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