Check the geran to see if there are any restriction in interest - sekatan kepentingan/syarat-syarat nyata. Is this tanah FELDA? From what little I know, most GSA land are leasehold and there are restrictions on transfer/lease/charge - you need consent from state authority. Some has restrictions against transfer/lease/charge to non-bumi. Is this company bumi or not? Check first.

It is not advisable to surrender all those documents to them for one reason - there are a lot of scam cases where people who possess those documents claim to have consent by the owner to sell it on their behalf. They then collect deposits paid in their favour and then disappear. The buyers will then hunt down the owner and harass them to complete the sale or pay compensation. More so in cases of agricultural land. Anyone can attend at the land and show it to the prospective buyer.

If you give it to them, what will stop them from misusing it, or give to another party to misuse it? Am not alleging them, but am just telling you of the possibility of it.

In any event, items no.4 and 5 should not be given because if the owner dies (am assuming your friend is a Muslim) - his property will be distributed according to faraid. Even if he writes a will only 1/3 of the property can be devised. So, any so-called letter of authorisation/appointment of pewaris would not be valid.

One last piece of advice - your friend should do some due diligence on this company as well (after checking the geran for sekatan kepentingan/syarat-syarat nyata). A company search can give you some info on them. Or ask for their company profile and company registration documents. Shouldn't they give you the documents first before you give them the documents for the land? They want to lease it, so they ought to show that they are genuine.

Of course. It is for them to prepare the draft SPA right?

hi, i wanna ask regarding refinance matters.
if i were want to refinance a fully settled apartment, is it counted as a housing loan ie. second property.
so when i buy next property is it counted my 3rd property that i only eligible to borrow maximum 70% loan? thx

yes, have sekatan kepentingan, but can be sell, lease etc by penguasa negeri (i dont know what is this position)...


I am not worry if there is a buyer harass to complete the sale, at least the land is still in my friend's name.. the document i submit was a scan copy...

I agreed with you the possibility of misusing the document. All can we do is to put caveat on the land or just do nothing?

However thanks for your opinion..

Hi dariofoo,

I wish to get some advice from you. A buyer want to buy my house with RM100K, but he claimed he want to loan extra 10K for renovation, so now the booking form started property price RM110K. The processing is just begin, at booking form stage only.

May I know is this OK since the extra 10K not get into my pocket indeed. And IF the sold price is stated RM110K, will I kena more on RPGT?
So when sign S&P, which price would be stated in? And is it got any way to protect seller side as I'm just get RM100K at last, not RM110K ?
Many thanks in advanced.

No. It'll count as first since you've settled the intital one.


No. This will now count as your second only.

You can't enter a private caveat on your own land. Otherwise it would be Registrar's Caveat but that is difficult to get and if for "fear or worry", that is not good enough reason for the registrar to allow one to be lodged.

Best bet is not to give the docs but it appears that you have done so. It doesn't matter whether scanned or not once it is printed out, it looks as good as a photocopy,right? Oh well..

Normally in such arrangements, the SPA will state the higher price, but in the SPA it would state that you have received a further 10k as deposit/part payment. Or a letter of acknowledgement of payment is issued by you to the purchaser confirming that a further 10k has been paid.

Later when the balance purchase price is received, 10k goes to the purchaser.

In such arrangements, the purchaser has to agree to bear the difference between the 10k increase of RPGT. If he doesn't agree, then the deal would not go through. He can't expect you to pay for it when he benefits from the 10k increase.

There's nothing to protect you as the seller, it is more to protect the purchaser so as to prevent you to turn around and claim that the balance purchase price is 90% of 110k and not 90% of 100k which is the actual situation.

That's all.

Thanks for your advice

I have sent the notice to the registered address.
I also called the company tel and the admin. no answer and no reply.
I did mentioned in the police report of the contact person.
Is there any course case that I can refer to so that I am protected from any law suit by the tenant later.
The tendency agreement was stamp too.
Pls advice me.
Should I also appoint a lawyer to sent an official notice?
My agent only advice me to give a notice of one week.
If no reply, I can call lory to clean the primise.
I am worry.

Yes, that makes sense.

I have another question with regard to the title. Usually when strata title will be issued by the developer? Currently it is on master title. If the strata title is issued before the completion date, who will bear the cost, the purchaser or the vendor?

Thanks Dariofoo.

my friend is buying an apartment in Pandan Indah .. Loan has been approved by bank.. waiting for SPA to be signed..
Problem is .. the owner has not collect STRATA title from the developer . His lawyer wants 5 months to clear this issue . Is it normal or way too long .
How do you advice to settle legal fees ? upfront or when everythings done ?

Thanks

If you really want to follow the black letter of the law you need to:

1. Give 1 month's notice for the tenant to surrender VP to you;
2. Serve it at the registered address.
3. After that, appoint a lawyer to file a suit in Court for VP with damages (unpaid rent);
4. You can get your order fast - the lawyer has to file a certificate of urgency. Most likely the tenant will not show up so you obtain a judgment in default
5. Serve the order at the registered address.
6. Most likely tenant would still not have any response, so you need to instruct your lawyer to file a writ of possession [WOP] at the High Court.
7. With this writ, you can effect re-entry into the premises. The Court bailiff will attend together with you and a locksmith. Once you've gone in pursuant to the order for WOP, you have the right to dispose of his items. He has no right to sue you for trespass to goods.

Any other way, and you can be sued. Very very few landlords use the above method as it is time consuming and incur more costs. So they take the risk of breaking the locks themselves and throwing away the items. Remember that just because the tenant owes you rent does not mean that you have the right to break-in and throw away his things. If he sues you for trespass, he has a good case. Of course you can put in a counter-claim for unpaid rental and other costs, but it doesn't meant that you won't be liable to him for his claim against you. So it depends on whether you think that this tenant would come back to haunt you or if they have actually tutup kedai and disappeared already.

Ask the developer,bro. There's no "usual" time. Some fast, some slow, some never at all til the developer bungkus. If there's no news on strata til now, just go ahead and base it on master title for now, i.e. transfer of ownership via Deed of Assignment.

There's two things - subdivision is out or strata title is out in favour of vendor. If first one, then can still ask the developer to do direct transfer. There might be an admin charge involved which seller has to bear. If strata title is out in favour of vendor, then it also depends on what stage it is at - has it been executed? Has the charge in favour of the vendor's bank been registered together with the strata? Has it been presented? Extracted? Vendor has to provide all the details to you. He can't just ask for 5 months.

'5 months to do what?' should be the question posed back to him.

Hi DarioFoo,

I was kena con by a chinese medium 5 years ago by believing her that my parents will divorce in the future..........with this thing spiritual stuff will avoid it happen and relationship will get better.......Forgive me for being too young at that time with innocent mind blindly gave the money...........So now after 5 years I saw her doing this fortune telling again at another place in KL...........I was thinking of doing something to prevent it happen to innocence victim or warn the public..........Do you have any suggestion in law? Was thinking of going to Micheal Chong to make a report but I want face so avoid it.Today's newspaper the star did publish and in my mind was publish the place she open stall will be a good idea.

my friend is the owner of the land. If he intend to caveat the land under my name, how long it can be?

Is there any option of the duration such as 3, 6 or 9 months caveat?

Thanks for your advice.
It's good to have this info and share with all forumer.

I am puzzle now.
I ask the Real Estate agent, she just adjust me to log report and give notice.
It's mentioned in the Tenancy agreement to protect me if tenant should not make payment within a month.

If the tenancy agreement is between me and the company (and this company just close shop), how can i proceed?
I just want to make sure the company owner would have the right to charge me later.

By right if you think that she has cheated you, you ought to have lodged a police report back then itself. I don't think that you can do anything now. If you want to warn people you can always take a snap shot of the stall and post it online. Just to educate and warn people. If you tell the truth and stick to facts there is no way she can sue you for defamation. If you go to MC he would most likely question you why it took you 5 years to see him and bring out the issue. It doesn't make your story credible in that way.

Yes you can lodge a caveat but what is your caveatable interest? Not everyone can simple lodge a caveat for any reason. Caveatable interest means some right over the property - like putting in 10% deposit or downpayment where you are the purchaser. When you want to lodge a caveat you need to affirm an Akuan Bersumpah where you must state your caveatable interest. Stating that you want to help the owner protect his interest to prevent fraud is not a reason at all. It will be rejected by the land office.