Can a developer refuse to sell a public condo unit to a bumi?

Recently a bumi friend complained to me that one developer (big one) did not allow him to purchase a leasehold condo unit allocated for public/non-bumi, despite his willingness to purchase the unit at public price (not taking the bumi discount). He felt it's unjustified and unfair that the developer insisted that he purchased the bumi allocated unit.

He's a property investor and he wanted to buy properties that he could sell to anyone later.

Is there a ruling by the Pejabat Tanah or Kementerian Perumahan or other authorities that allow developers to dictate this kind of terms of purchase of properties?

I also find it strange that a big and reputable developer could implement this kind of policy.

My friend is going to meet with the developer's top management next week regarding this matter as he's not satisfied by the explanation given by the developer's appointed agent who was tasked to market and sell the condo.

pity developer.
bumi dont want bumi lot, then who buy bumi lot??? all the condo bumi lot cannot sell.

your friend should complaint to government, and request to cancel this stupid bumi-lot policy.

was discussing with one of my lawyers few days ago on this issue, apparently for even if bumi buy the non-bumi units, when they sell later to non-bumi, most likely their application for state consent will still get rejected.

My friend had bought a leasehold condo unit (public) before from another developer without any fuss, and had later sold it to a non-bumi without any problem with the state.

Why should that big and reputable developer have different sales policy?

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Added on August 25, 2012, 2:42 pmwhy should he care about the developer?

This post has been edited by Stamp: Aug 25 2012, 02:42 PM

i heard a lot.

bumi buy the non-bumi lot, later, the lot will 'magically' become bumi-lot.

If your Bumi friend bought a leasehold unit from developer with Bumi discount and was able to sell it later to a non-bumi without any problem getting the state consent, then he must have been one of the lucky ones.

Normally very difficult for state consent to be given for bumi selling to non-bumi.

what do your comments mean? Kindly elaborate

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Added on August 25, 2012, 3:21 pmwhat do your comments mean? Kindly elaborate

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Added on August 25, 2012, 3:22 pmI believe he is saying his friend bought a international lot, and sold it to non-bumi without any proble,/

This post has been edited by SYL17: Aug 25 2012, 03:22 PM

it happened to me before. Sunrise. For the project in Jln Sultan Ismail.

The sales rep said "we dont care" when I asked why Bumi lots are taken by Non-Bumis.

SHe was very blunt. This project I think 2011. Before taken over.

SA won't & can't do this themselve. The developer need to follow some guideline e.g. not taken up after X months launching & proof of advertisement only can apply to release Bumi lot

i read many articles from different forum and blogs about this bumi issues; even in lowyat, such topics are discussed many times.

i read many times bumi bought non-bumi lot, when they sell to non-bumi, they got trouble.

i read many times bumi bought a 2nd hand from non-bumi, when they sell to non-bumi, they got trouble.

the most interested one is this.
a single FOREIGNER bought a non-bumi lot. later, he married with a bumi girl.
then, he added his wife name to his house. when this couple wanted to sell their house, they found that their house IS a bumi lot.

many people complain, ask for help, and frustrate. some can settle, some give up.
but, one thing is for sure, when their is trouble, it is a responsibility for the house owner to prove it is a non-bumi lot. NOT the government to prove it, it is a bumi lot. (or simply speaking, government wont care you).

Trust me.

As a conveyancing lawyer, I tend to advice my non bumi clients to avoid buying from Malays specifically in leasehold land transactions if they could avoid it, even if it is a non bumi lot. Got high chance of rejection of consent from land office.

The state land office will look into the ownership ratio too before deciding.

Basically, buying leasehold units from Malays are too troublesome as the seller may need to do extra and appeal. Time to complete transaction will be way longer.

If lucky, they may approve, but based on my experience, especially for lower cost projects difficult.

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Added on August 25, 2012, 5:03 pmBy rights, the developer could choose to sell their units to anyone they choose.

There is no law that states the developer must sell non bumi lot to your bumi fren if they don't want to.

This post has been edited by tat3179: Aug 25 2012, 05:03 PM

One possible scenario is that the public leasehold units are selling fast with limited units available.

But plenty of unsold bumi leasehold units for same project.

open door for business but merely reject people to buy because of bumi? maybe ur friend did not tell u on some other thing.

hmm, doesn't pay to be a bumi..
shitty property law.

Usually, many bumi lot are the ones left unsold and developer have to bear the loss if still unsold after x years.

The non bumi lots are usually snapped up like hot property in good locations. This is from my experience.

That's why developers don't allow bumi to buy non bumi lot if their property is hot.

I agree should complain to government.

This post has been edited by jalsrix: Aug 26 2012, 04:25 PM

yeah thats what I told the SA. But she repeatedly said, we just do not care. All good units sold out.

sorry, i can't reveal the project name and developer. nanti kena saman!

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Added on August 28, 2012, 1:11 pmNO, you misunderstood me. My friend bought the public unit WITHOUT taking the bumi discount. So he thought he could buy this new condo the same way.

This post has been edited by Stamp: Aug 28 2012, 01:11 PM

+1

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WITHOUT discount, it doesn't mean it isn't a bumi-lot .. seriously.

it certainly is confusing with respect to leasehold properties.

im waiting to hear from my friend on the outcome of his meeting with the developer's top mgmt.

Thanks to the government, some state government allow developer to change bumi against non bumi quotation if really proven they can't sold the bumi lot,they need advertise ' here and there ' . but i heard some state government die die also need at least 30% bumi lot and cannot change the quotation , ,die die also MUST need minimum 30% quotation allocate for bumi . And if bumi also want buy non bumi lot then who want buy bumi lot?

Pity the developer also,

These is what i know and heard of, never really a law expert, So the input might be incomplete or incorrect