You need to go to the land office first and do a search on the area. Take out the plan and see if there is a title on that piece of land first. In Malaysia, the registered proprietor/owner is king and even if you and your ancestors have stayed there since the Ice Age, the proprietor has the right over the property over you. Most likely there would be a title issued already.

Cheers. Don't forget to insist on the 8% to be placed in a FD (would be under the firm's Client's Account) and the proceeds given to you simultaneously upon receipt of the 8%.

Earlier you asked me 'how to take out title', now you say got title. Then you said different case, but sounds like it's the same case.

Assessment registered under house owner does not mean anything. In fact, why do you even pay assessment when the land does not even belong to you? Free money for the local authorities. Having assessment does not help you to establish ownership of the land. Remember that house and land is different. You may build a house but the land which you have built it upon does not belong to you. You also can't say that the house belongs to you. Whatever sits on the land belongs to the registered proprietor of the land.


If you pay rental and build the house, then you are an 'occupier with consent/acquiscience'.

If you do not pay anything and merely built the house on an empty land, then you are a mere squatter.

An occupier with consent/acquiscience who tries to assert ownership of the land, would still be treated as a mere squatter.

You only paid rental, not a purchase price. So once the property has been sold, then of course it is up to the new owner whether to allow you to continue to occupy the land or otherwise.

With regard to compensation, if the previous landowner had given assurances/consent in writing for you to develop the land, build structures, etc, then you can claim compensation from him for the losses suffered, if the owner merely sold it to a third party and does not want to compensate you for it. What you cannot claim for is to remain on the land. The new owner has exclusive rights over it.

Is it a bumi lot which you're referring to here?

I can only advise you this far. I would suggest you go appoint a lawyer to advise you further as it does sound complicated.

Once you get the bumi discount the developer would in most, but not all, cases designate it as a bumi lot. You need to check with the developer.

For change of name, it is not just in the SPA. It must be in the title or if there is no title, then a deed of assignment (DOA) must be prepared. If with title, you need to see if the bank consent s to a transfer subject to charge. If without, then refinancing would have to be done as currently, all rights have been assigned to the bank.

You would need to pay full stamp duty upon the transfer as well, so do take that into account.

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Added on November 27, 2012, 12:53 pmQ1: MOT i a memorandum of transfer whereby the vendor transfers all his rights over the property to you. It is officially the Form 14A in the National Land Code.

Q2: A MOT which has been signed by both parties do not have any legal effect, until it is sent for valuation (adjudication by LHDN). LHDN then issues a notice stating the stamp duty payable. Once duty has been paid, the MOT is stamped with the amount. Once stamped, it can be presented for registration, thus making the transfer official. A new title will be issued, stating the purchaser's particulars as the owner of the property.

This post has been edited by dariofoo: Nov 27 2012, 12:53 PM

Proxy would refer to a third party.

That amount is the amount payable, but the particulars of the 2% would have been stated there as well, and a contra be done if the 2% is higher than the tax (which is usually the case). So, there should be another column for that amount. Unless your 2% is less than the amount which you have to pay? If so, then the amount is the top-up amount which you have to pay now. Check properly.

Seller's lawyer.

1) Yes, there is a separate legal fee payable for the loan documentation. Follows the same scale.
2) Lawyer's fees = legal fees. Don't forget to add disbursements (expenses)
3) Yes.
4) If the property is RM350k and below, there is a 50% discount on the stamp duty upon the MOT and principal loan doc. See here:
http://forum.lowyat.net/index.php?showtopic=1748580&hl=

This post has been edited by dariofoo: Nov 27 2012, 12:59 PM

Check your invoice with the many samples in v1 of this thread. Link is at the first page.

Much ado about half a feet?

Nothing much you can do but to hope that the neighbour sues the developer and leave you out of it.

However, that would not be the proper way to go about it.

The proper way would be to sue you for encroachment/trespass to land, and you would then have to bring in the developer as a third party, whereby you seek indemnity and reimbursement of whatever sums you pay as compensation to your neighbour, since you are alleging that it was the developer who constructed the fence, and not you. If the developer wants, he can bring in the surveyor as a fourth party, and claim indemnity from the surveyor. But that is not your problem.

To protect yourself now itself, you can write a letter to the developer stating that you have been verbally informed by your neighbour of such and such (state the facts), and ask for an explanation from the developer in writing. Get it acknowledged by sending it by hand. Then keep it for your record purposes to show that you acted in good faith from the get go. It would also strengthen your claim vs the developer and paint them in bad light, if they do not respond or give a irresponsible reply like they did.

This post has been edited by dariofoo: Nov 27 2012, 03:36 PM

How can the agreement be silent upon the occurrence of such an important event?

It has to be sold with the existing tenancy to continue until the end of its term. The landlord cannot terminate the tenancy upon a sale. He has to honour it til the end of the term, unless the tenant voluntarily agrees to terminate it and move out.

If developer willing to do direct transfer to purchaser then it is ok, you can skip the process.

However, if I'm not mistaken, the developer would give a one year period for you to finalise the MOT to transfer the strata title to your name (in a normal scenario). After that, a penalty is payable. You can check the notice which the developer gave to you when informing that the strata title is out.

So, if you plan to sell soon, then you can check if they are willing to do a direct transfer within the 1 year period.

It will not affect the purchaser's loan application. As long as the developer consents to do a direct transfer, there should not be a problem.

Lawyer is right for no.1 and 2. No.3 I'm not sure. No.4 - never of it before.

Normally it would have to be paid by the vendor. This should be reflected in your SPA. What does your SPA say?

Standard. Calculator at first page. Scale is same as for SPA.

Depends on what is stated in the SPA - whether the seller's lawyer has to show proof of submission of application to the purc's lawyer. If none, then it is more of a matter of courtesy.

Purc's lawyer can write in and request for a copy of the cover letter and application for consent.