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 Subsale Condo - Consent

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TStakeshi_79
post Oct 30 2014, 02:23 PM, updated 12y ago

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Hi all,

Seriously needs you guys advice here.
I'm getting myself a subsale condo in PJ.
10% payment has been done and consent has been signed few months ago.
Currently I'm still waiting for land office to come out the
consent to transfer. According to the agent, nothing we can do but just wait
for land office to release the consent.

I'm wondering is this an usual situation? anything we could do to make it move
forward?

This is my first time on purchasing subsale property and
it's been almost half years now.
I'm really frustrated here now, anyone could help to explain?
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tamagato
post Oct 30 2014, 02:25 PM

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kena scammed liao
xiaojie88
post Oct 30 2014, 02:31 PM

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get your lawyer to follow up and expedite the process to get consent from state gomen on the transfer of leasehold (i presumed) title..
katijar
post Oct 30 2014, 02:33 PM

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how many months? leasehold? bumi lot?
corleone74
post Oct 30 2014, 02:41 PM

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state consent for transfer of LH property is it? that one is MB office sign off, not land office, betul tak?

TStakeshi_79
post Oct 30 2014, 02:46 PM

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Yes, it's lease hold, non-bumi lot.

According to my lawyer, they're chasing the seller lawyer. seems like it's seller lawyer to deal with developer and land office.

is that correct?


TStakeshi_79
post Oct 30 2014, 02:50 PM

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QUOTE(corleone74 @ Oct 30 2014, 02:41 PM)
state consent for transfer of LH property is it? that one is MB office sign off, not land office, betul tak?
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MB office? can explain in details about the standard flow.
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Mikeshashimi
post Oct 30 2014, 02:58 PM

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QUOTE(takeshi_79 @ Oct 30 2014, 02:46 PM)
Yes, it's lease hold, non-bumi lot.

According to my lawyer, they're chasing the seller lawyer. seems like it's seller lawyer to deal with developer and land office.

is that correct?
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Vendor/Seller's lawyer will complete the transfer. Not yours (unless otherwise agreed).

Consent of transfer is by the Developer or registered proprietor not LO.
champu
post Oct 30 2014, 03:04 PM

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QUOTE(takeshi_79 @ Oct 30 2014, 02:46 PM)
Yes, it's lease hold, non-bumi lot.

According to my lawyer, they're chasing the seller lawyer. seems like it's seller lawyer to deal with developer and land office.

is that correct?
*
It's common for this to happen especially when it's involved with leasehold prop, heck my freehold property in BJ also needs longer than that to get the consent. Even though the title states freehold but still need state approval.

I'm assuming you are using different lawyers? That should mean approx 1-2 months wasted for your lawyer to ding dong with the other lawyer. Btw, has the developer released the title to your previous owners?

Best is to get your current lawyer to arrange a meeting with their lawyer with both party present and thrash out the details.


TStakeshi_79
post Oct 30 2014, 03:44 PM

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QUOTE(champu @ Oct 30 2014, 03:04 PM)
It's common for this to happen especially when it's involved with leasehold prop, heck my freehold property in BJ also needs longer than that to get the consent. Even though the title states freehold but still need state approval.

I'm assuming you are using different lawyers? That should mean approx 1-2 months wasted for your lawyer to ding dong with the other lawyer. Btw, has the developer released the title to your previous owners?

Best is to get your current lawyer to arrange a meeting with their lawyer with both party present and thrash out the details.
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We're using different lawyer.

How may types of consent involved in this process?

1) Consent of Transfer
2) Consent to Charge
3) State consent (no idea what is this?)
4) CTC Blanket consent

According to my agent, seller lawyer directly went to land office to follow up the state consent
to be approved. is that possible?
I'm just worried the agent giving me wrong information and trying to play around..

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corleone74
post Oct 30 2014, 03:56 PM

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QUOTE(takeshi_79 @ Oct 30 2014, 02:50 PM)
MB office? can explain in details about the standard flow.
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sorry i was mistaken, i thought the consent is signed by MB. I just checked loanstreet, it says consent is granted by land office. apologies


max_cavalera
post Oct 30 2014, 03:58 PM

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normal la...fastest 3 months everything kautim...slowest 6 month to 1 year but this usually if trsfr title frm bumi to non bumi
corleone74
post Oct 30 2014, 04:00 PM

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QUOTE(takeshi_79 @ Oct 30 2014, 03:44 PM)
We're using different lawyer.

How may types of consent involved in this process?

1) Consent of Transfer
2) Consent to Charge
3) State consent (no idea what is this?)
4) CTC Blanket consent

According to my agent, seller lawyer directly went to land office to follow up the state consent
to be approved. is that possible?
I'm just worried the agent giving me wrong information and trying to play around..

rclxub.gif  rclxub.gif
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This LH property, has it already obtained strata title.? If not yet, lagi headache. state consent at LO is for state to grant consent to transfer since technically 99 year LH development is leased from the state, not owned in perpetuity. I believe the (1) consent to transfer is at the developer side, if the strata title is not issued yet. ie. the development is still under master title.
it may not be agent playing aroudn, sometime agen not enough experience.

This post has been edited by corleone74: Oct 30 2014, 04:01 PM
champu
post Oct 30 2014, 04:10 PM

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QUOTE(corleone74 @ Oct 30 2014, 04:00 PM)
This LH property, has it already obtained strata title.? If not yet, lagi headache. state consent at LO is for state to grant consent to transfer since technically 99 year LH development is leased from the state, not owned in perpetuity. I believe the (1) consent to transfer is at the developer side, if the strata title is not issued yet.  ie. the development is still under master title.
it may not be agent playing aroudn, sometime agen not enough experience.
*
takeshi_79 this. I suspect the title is still under master title, this is something you need to verify with the current owner.

Chances are, this is the one currently delaying the process. Don't believe everything your agent says. At this stage, it's best to deal directly with the owner and their lawyer.

I went thru a lot of frustration having to deal with the agent as the middle-man for the first 6 months, until I got fed up and decided to deal direct with the owner. Only then did I realize a lot of miscomm was given by the agent to both parties.

Which agency/lawyer are you going with? are they experienced or recommended by your agents?
TStakeshi_79
post Oct 30 2014, 04:22 PM

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QUOTE(corleone74 @ Oct 30 2014, 04:00 PM)
This LH property, has it already obtained strata title.? If not yet, lagi headache. state consent at LO is for state to grant consent to transfer since technically 99 year LH development is leased from the state, not owned in perpetuity. I believe the (1) consent to transfer is at the developer side, if the strata title is not issued yet.  ie. the development is still under master title.
it may not be agent playing aroudn, sometime agen not enough experience.
*
Seems like currently it's under Master title, but they're in progress to split it to individual.
so, the flow should be:

1) Developer to provide consent of transfer to land office
2) land office to provide state consent
3) then we could only proceed Consent to charge (for bank to release the money)

Right? please correct me if i'm wrong.. blush.gif

big thanks..


midnightcat
post Oct 30 2014, 04:33 PM

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If the property is in the process of splitting into strata title, the whole process will need to go thru a double transfer.
Which means;
1. Developer to transfer to current owner
2. Current owner transfer to you
Duration of these matters are lengthy. (some cases up to about 1.5 years)

This post has been edited by midnightcat: Oct 30 2014, 04:34 PM
WaCKy-Angel
post Oct 30 2014, 04:34 PM

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QUOTE(takeshi_79 @ Oct 30 2014, 02:46 PM)
Yes, it's lease hold, non-bumi lot.

According to my lawyer, they're chasing the seller lawyer. seems like it's seller lawyer to deal with developer and land office.

is that correct?
*
usually when it involves master title, developer will ask for "commission" from the seller before they willing to release consent.
Even worst if developer is bankrupt.

QUOTE(takeshi_79 @ Oct 30 2014, 04:22 PM)
Seems like currently it's under Master title, but they're in progress to split it to individual.
so, the flow should be:

1) Developer to provide consent of transfer to land office
2) land office to provide state consent
3) then we could only proceed Consent to charge  (for bank to release the money)

Right? please correct me if i'm wrong..  blush.gif

big thanks..
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Nope, land office has totally no record. All is handled by developer.
Developer only need to submit new owner's details to land office when they change to strata title.


This post has been edited by WaCKy-Angel: Oct 30 2014, 04:38 PM
midnightcat
post Oct 30 2014, 04:37 PM

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agreed... from this point onward, your lawyer is suppose to explain to you what is going on with your purchase.
the agent also gets the info from your lawyer on what is happening to your purchase.

TStakeshi_79
post Oct 30 2014, 04:59 PM

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QUOTE(champu @ Oct 30 2014, 04:10 PM)
[email=takeshi_79]takeshi_79[/email] this. I suspect the title is still under master title, this is something you need to verify with the current owner.

Chances are, this is the one currently delaying the process. Don't believe everything your agent says. At this stage, it's best to deal directly with the owner and their lawyer.

I went thru a lot of frustration having to deal with the agent as the middle-man for the first 6 months, until I got fed up and decided to deal direct with the owner. Only then did I realize a lot of miscomm was given by the agent to both parties.

Which agency/lawyer are you going with? are they experienced or recommended by your agents?
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Me and the seller engaged different lawyer, it's not recommended by the agent.
Looks like this is the best way so that I could sort out all the problems and get the house.
it's just frustrating and feel helpless where my lawyer and agent giving different answer when I queried.

How you get the contact of the seller?

Agency: The One Property International

Thanks.

This post has been edited by takeshi_79: Oct 30 2014, 05:00 PM
corleone74
post Oct 30 2014, 06:16 PM

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QUOTE(midnightcat @ Oct 30 2014, 04:33 PM)
If the property is in the process of splitting into strata title, the whole process will need to go thru a double transfer.
Which means;
1. Developer to transfer to current owner
2. Current owner transfer to you
Duration of these matters are lengthy. (some cases up to about 1.5 years)
*
i think no need kua.. developer can straight transfer to you bypass first owner. but who pay the stam duty on MOT? 2nd buyer may need to pay

This post has been edited by corleone74: Oct 30 2014, 06:27 PM

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