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 Lawyer's Corner v2, One-stop centre for any legal queries

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CarFan
post Aug 10 2012, 01:59 AM

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Hi,
Hope this isn't the wrong place for my query. If it is, please tell me where to go.

When I purchased my 1st property about 8 years ago, I had used my EPF money to make 1 initial payment. Haven't used EPF since. I now want to get a 3rd property and the new rules require us to make 30% downpayment for 3rd prop onwards. I wanted to check if I can use the EPF money as part payment for my 30% payment for the house. The loan on my 1st property is still ongoing and I've never made any withdrawal since the 1 done 8 years ago. Do I qualify to use EPF for this 3rd property? If not, what do I need to do to be able to use the EPF for my 3rd property ie. settle the full loan on the 1st property, sell the 1st property etc? Tq.
CarFan
post Aug 19 2012, 12:59 AM

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Hi,
I recently purchased a property and paid the booking fees while waiting to get the loan from the bank etc. This is a condo still under master title. I intended to use my own lawyer but was advised by the agent not to do so as the lawyer he introduces is already working with the developer hence it will make it easy to transfer the name from the current owner to me. If I take my own lawyer who is not familiar to the developer, it will take much longer for correspondence etc. The 1st question is doe sit make a difference which lawyer I use as per my scenario. Will the lawyer who is also doing work for the developer represenet me whole heartedly?

I'm concerned that this process for name transfer and the bank to release the loan fund drags on for too long as there is a clause in the sales order form that if the bank doesn't make the full payment within 3 months of signing the SPA, I need to pay a 8% penalty. That brings me to my 2nd question. Is that standard ie the 8% penalty if the payment is not release by the bank in 3 months from the date of signing SPA? You can see I'm very new in property investment from my questions. I find this clause very unfair as until then, the current owner still has the property with him and can continue to rent or stay in it. On top of it, he can collect 8% from me for nothing. If I am selling a property, it will be in my interest to delay the sale with such a clause in place ...... or am I getting this wrong. Please help advise. Thank you very much.

This post has been edited by CarFan: Aug 19 2012, 01:07 AM
CarFan
post Aug 22 2012, 05:05 PM

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QUOTE(dariofoo @ Aug 22 2012, 11:52 AM)
2. This 8% late penalty interest is quite standard. If you notice, there is a similar provision whereupon if the vendor fails to hand over VP to you within a certain number of days after you have paid the balance purchase price, the vendor has to pay late penalty interest to you (8-10%). So, it works both ways.

Of course it is not in your interest to delay the transaction, but sometimes things happen out of your control. But, you are to be faulted for it if it is from your side of transaction, eg your financier, LHDN who assessed your stamp duty payable, etc. No fault can be attributed to the vendor in such cases.

"I find this clause very unfair as until then, the current owner still has the property with him and can continue to rent or stay in it. On top of it, he can collect 8% from me for nothing."

Your statement above is, with respect, misconceived and flawed. Your reasoning is from an angle which is irrelevant in the circumstances. We are looking at a sale & purchase. The vendor intends to sell the premises and obtain the full purchase price. Having possession and rental, if applicable, is of no relevance as the vendor is selling the property. He has committed to the price, and if there is a delay - factor in appreciation of property and depreciation of money through inflation - and the vendor would be prejudiced. The only way to make up for it is to charge you interest for the delay. It would also spur you to move faster, as opposed to a scenario where there would be no late penalty interest. \

Perhaps you can put yourself in the shoes of the vendor and reflect from their viewpoint.

Having said so, 3 months is usually enough, if you have applied for a loan early and the loan documentation can kick off simultaneously or soon after the date of the SPA.
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Hi Dario,
Many thanks for your answers notworthy.gif
On your comment on 8% penalty interest between developer and buyer versus my situation of current owner and buyer (me) is quite different to be honest. In the case of developer, they also don't have the property as it's under development etc so don't earn anything from it where else in here, the owner is in possession of the property and collecting rental while potentially also being able to collect 8% interest which will be significant for a 90% loan. I do however understand what you say about appreciation of property etc but still find this to be a little unfair on the buyer. COnsidering that this is standard and cannot be negotiated, what are the areas that the seller can delay this and me potentially needing to pay this interest?
CarFan
post Aug 27 2012, 10:44 PM

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Hi Dario or other Sifus here,
Can I know what are all the incidental charges when doing a subsale purchase. This is what I have gathered below.
Bank Loan costs
1. Valuation fees
2. Loan stamp duty
3. Loan legal fees
4. MRTA

SPA processing
1. S&P fees
2. Lawyers legal fees

Did I miss anything else?

For SPA processing, I believe the rates are quite transparent on S&P fees and lawyers legal fees. However, this are my questions:
1. How is the valuation fees determined? Is there a fixed rate?
2. Is there a fixed rate for loan stamp duty
3. Is the bank loan lawyers fees a must for subsale purchases?
4. If the bank loan lawyer and my SPA lawyer is the same firm, does it complicate matters or make them easier. Also, will I be able to ask for better discount like this smile.gif ?
5. For a subsale purchase of 500k, how much will all this incidentals come up to excluding MRTA as that depends on the term you choose.

TQVM.

This post has been edited by CarFan: Aug 27 2012, 10:48 PM
CarFan
post Aug 30 2012, 12:50 AM

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QUOTE(dariofoo @ Aug 28 2012, 11:10 AM)
Stamp duty upon MOT/DOA in SPA processing?

1. Best if you ask the bankers in the appropriate thread.
2. Yes. 0.5% of loan sum - less another 20% from that sum if Islamic loan.
3. Yes, unless you're purchasing by way of cash.  smile.gif
4. It is easier is is always recommended. No questions on discounts are allowed in this thread. Please adher to the rules and regulations of this thread at page 1.
5. You can use the calculator at the first page to check the professional fees. Add in 6%. For disbursements there are many samples and comments by me in v1 of this thread. Do take a look there.

icon_rolleyes.gif
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Many thanks for your answer and my sincere apologies on the question on discount. Will not repeat this mistake. icon_rolleyes.gif

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