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 Auction property(private caveat)

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TSKevinkevin
post Jan 18 2014, 01:32 PM, updated 12y ago

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hi all i success bid a auction shotlot property,but has 2 private caveat on it !
now i alreadly pay cash to buy it cos cant loan !i would to ask
1)normally how much the lawyer fee and how long will it take to release the caveat
2)now the reantal is taken buy the ppl who caveat the shoplot and my lawyer say i cant collect the rent cos no yet transfer name !is it true ?

thank you
Hapeng
post Jan 18 2014, 03:30 PM

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QUOTE(Kevinkevin @ Jan 18 2014, 01:32 PM)
hi all i success bid a auction shotlot property,but has 2 private caveat on it !
now i alreadly pay cash to buy it cos cant loan !i would to ask
1)normally how much the lawyer fee and how long will it take to release the caveat
2)now the reantal is taken buy the ppl who caveat the shoplot and my lawyer say i cant collect the rent cos no yet transfer name !is it true ?

thank you
*
Depends if the ppl who caveat has any capacity to. If not it will be quick. Won't stop them from caveating again tho.
They have no right to collect rent. Show the tenants ur spa, sign new tenancy
TSKevinkevin
post Jan 18 2014, 06:14 PM

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QUOTE(Hapeng @ Jan 18 2014, 03:30 PM)
Depends if the ppl who caveat has any capacity to. If not it will be quick. Won't stop them from caveating again tho.
They have no right to collect rent. Show the tenants ur spa, sign new tenancy
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the ppl who caveat also hire lawyer to fight for the shoplot ownership ! and according to my lawyer i cant sign new tenancy cos i no yet the owner of the shoplot ! though i alreadly pay cash but cant transfer name cos the property have caveat on it !
Hapeng
post Jan 18 2014, 07:32 PM

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Yes, u need to remove caveat before u can transfer. Is your lawyer capable? And on what grounds they caveat.
TSKevinkevin
post Jan 18 2014, 11:31 PM

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QUOTE(Hapeng @ Jan 18 2014, 07:32 PM)
Yes, u need to remove caveat before u can transfer. Is your lawyer capable? And on what grounds they caveat.
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i also dunt know capable or not ! both say that the past owner of the shoplot own them money!
guy3288
post Jan 19 2014, 01:10 AM

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i also have one lelong prop like that. caveat by third party - an individual, the easiest caveat to remove.Few types of caveat, some caveat very difficult to remove i was told.

Lawyer asked for RM4000 to decaveat. I didnt want to pay, caveat lodged in 2009. After 6 years caveat will be null, so i just wait. Besides, i am collecting rental, not the caveating person, so who cares. No plan to sell, no hurry to do name transfer.

Spot23
post Jan 19 2014, 03:04 AM

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If u bought it at a high court auction, u will get what is called a cert of sale once full payment is made. The prop will be transferred to u once the cert of sale is registered at the land office. Does not matter if the prop has caveats on it. A court cert or sale overrides the caveats

If u bought it at a private auction, that means the prop does not have an individual title, ie still under master title. The sale is complete once the assignment is perfected. Caveats do not really affect a prop under master title.

Your lawyer shd have been able to explain this to you


TSKevinkevin
post Jan 19 2014, 09:07 AM

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QUOTE(guy3288 @ Jan 19 2014, 01:10 AM)
i also have one lelong prop like that. caveat by third party - an individual, the easiest caveat to remove.Few types of caveat, some caveat very difficult to remove i was told.

Lawyer asked for RM4000 to decaveat. I didnt want to pay, caveat lodged in 2009. After 6 years caveat will be null, so i just wait. Besides, i am collecting rental, not the caveating person, so who cares. No plan to sell, no hurry to do name transfer.
*
which type is the easy and difficult ?my one rental collected by the caveating person !
TSKevinkevin
post Jan 19 2014, 09:16 AM

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QUOTE(Spot23 @ Jan 19 2014, 03:04 AM)
If u bought it at a high court auction, u will get what is called a cert of sale once full payment is made. The prop will be transferred to u once the cert of sale is registered at the land office. Does not matter if the prop has caveats on it. A court cert or sale overrides the caveats

If u bought it at a private auction, that means the prop does not have an individual title, ie still under master title. The sale is complete once the assignment is perfected. Caveats do not really affect a prop under master title.

Your lawyer shd have been able to explain this to you
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I bought from high court auction ! My lawyer tell me that I only can sue him then let the judge decide ! Is it true ?


 

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