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 Selling Your Property, Things to Consider & Costing Involved

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jason1986
post Dec 17 2015, 01:44 PM

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QUOTE(alchmiya @ Dec 17 2015, 01:28 PM)
Do you know roughly how much is the application for the state authority's consent? Property is leasehold s/s located in KL.
*
Legal fees will be 300 for properties above 45k.

Application fees will be 50 and registration fees for the consent will be 50. This will be borne by the seller and is to be paid to the land office.

The rest will be disbursements. Travelling, printing, photostating etc.

This post has been edited by jason1986: Dec 17 2015, 02:06 PM
ricstc
post Dec 17 2015, 01:48 PM

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QUOTE(suadrif @ Jul 3 2015, 06:30 PM)
Hi guys

Any info on what are the cost involve when we want to sell a property?

Many threads are discussing on cost when purchase property but no threads discussing on cost when selling off property

I know it is not important for us Asian or here in Malaysia but in the US there is a law
that the property has to be declared if there was a death or not by the previous occupant

meaning anyone pernah mati before or not at the stated property

in Malaysia there is no such rule right so how does a new buyer find out?
alchmiya
post Dec 17 2015, 01:48 PM

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QUOTE(suadrif @ Dec 17 2015, 01:38 PM)
depends on the property
mine last time was RM1.2k++
*
What kind of property? Condo or landed?
jason1986
post Dec 17 2015, 01:52 PM

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QUOTE(lex11 @ Dec 17 2015, 01:22 PM)
Ball park cost of hiring a lawyer? Plenty of lists but I don't see mention of estimation of legal cost.
*
Unable to give a proper estimation as it depends on each case.

In respect of a seller, the bigger sum will be the SPA legal fees.

At this moment it is as follows:-

SPA Legal fees is calculated based on the purchase price.

First 150k will be @ 1%;
next 850k will be @ 0.7%
next 2 mil will be @ 0.6%
next 2 mil will be @ 0.5%
next 2.5mil will be @ 0.4%

There will be other fees and charges depending on whether title issued, whether consent required, whether there is an existing loan etc.

If title issued and consent required, legal fees will be 300.

If there is an existing loan, Receipt and Reassignment + Revocation of PA (no title case), fees will be 400. If Discharge (title case), fees will be 300.

Filing of CKHT Forms, fees will be 300 per person.

The rest will be disbursements.

This post has been edited by jason1986: Dec 17 2015, 01:53 PM
jason1986
post Dec 17 2015, 01:54 PM

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QUOTE(ricstc @ Dec 17 2015, 01:48 PM)
I know it is not important for us Asian or here in Malaysia but in the US there is a law
that the property has to be declared if there was a death or not by the previous occupant

meaning anyone pernah mati before or not at the stated property

in Malaysia there is no such rule right so how does a new buyer find out?
*
No way of finding out unless you ask kepoh neighbours.
ricstc
post Dec 17 2015, 01:57 PM

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From: Selangor
QUOTE(jason1986 @ Dec 17 2015, 01:54 PM)
No way of finding out unless you ask kepoh neighbours.
*
askig neigbors is not effective

a lot of time people don't know either or just keep to themselves

its not like there was a suicide or murder that people will KP about it

but potential buyers have a right to know bcos supernatural matters are real and not only
in the screens of tvs and movies
TSsuadrif
post Dec 17 2015, 01:59 PM

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QUOTE(alchmiya @ Dec 17 2015, 01:48 PM)
What kind of property? Condo or landed?
*
high rise property in Putrajaya prime location
but anyway i think jason1986 reply is more accurate
my statement was an estimation based on last transaction.
jason1986
post Dec 17 2015, 02:02 PM

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QUOTE(ricstc @ Dec 17 2015, 01:57 PM)
askig neigbors is not effective

a lot of time people don't know either or just keep to themselves

its not like there was a suicide or murder that people will KP about it

but potential buyers have a right to know bcos supernatural matters are real and not only
in the screens of tvs and movies
*
Sorry, no way to find out. If you belief in such things, maybe bring a sifu?
jason1986
post Dec 17 2015, 02:09 PM

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QUOTE(suadrif @ Dec 17 2015, 01:59 PM)
high rise property in Putrajaya prime location
but anyway i think jason1986 reply is more accurate
my statement was an estimation based on last transaction.
*
Your quoted sum could be inclusive of the other disbursements (traveling, printing etc) which are not fixed. For e.g. firm in KL but Land office in seremban, transport will then be higher. So not to say that you are not correct.

Have amended my statement to make that clear as well.
yourinfohere
post Dec 27 2019, 02:31 PM

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Hello,

jason1986
suadrif
alchmiya
and
others

All of you still here?

Can sample how to prepare the booking documentation?
What important terms and condition want included in 1 piece of A4 paper and put both signatures there as a proof of booking fee to make sure is serious true buyer?
Thank you.

QUOTE(jason1986 @ Oct 9 2015, 09:42 AM)
Those who want the template please PM me your email address. I will have it emailed to you.
:D
*
This post has been edited by yourinfohere: Dec 27 2019, 02:41 PM
mini orchard
post Dec 27 2019, 09:17 PM

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QUOTE(yourinfohere @ Dec 27 2019, 02:31 PM)
Hello,

jason1986
suadrif
alchmiya
and
others

All of you still here?

Can sample how to prepare the booking documentation?
What important terms and condition want included in 1 piece of A4 paper and put both signatures there as a proof of booking fee to make sure is serious true buyer?
Thank you.
*
SnP can be signed within a week including title search if is a serious true buyer.

yourinfohere
post Dec 27 2019, 10:25 PM

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Thank you for your reply, but above wrote normally seller ask buyer booking fees and sign booking form first, If not want find agent, need DIY, then seller can bring booking form to lawyer settle all. I think the lawyer will start charge seller fees, but if the buyer want cancel or unable of loan, seller still need pay to lawyer and others, so the booking fees is cover the seller lost and if everything alright this booking fees finally minus total amount, just buyer pay early to seller. Serious true buyer sure able and willing pay it.

I think want consent approval, this want wait long time process, so in this situation still after buyer sign SNP, seller can immediately get money(Bank Draft?) through seller lawyer(I think seller and buyer better separate find different lawyer?), then the house belong buyer, so the seller want move out everything of the house? This is mean after success find buyer, then just 1 week time, after done of SNP and seller received full amount money, seller want make sure ready move out everything of the house?

Normally, lawyer not do change utility bill name such as electric, water.... After sold the house, if the buyer not go to change utility bill name, finally buyer not pay it, this can how? Before or process sell the house, not possible change name to buyer, but after sold the house, seller how can cancel above name, this is mean want buyer responsibility of above bill payment and want make sure the buyer or new owner go to change utility bill name?

Except above, which part want special careful?
Above I not sure and I still consider many situations, hope unknown can tell me. Thank you so much.

QUOTE(mini orchard @ Dec 27 2019, 09:17 PM)
SnP can be signed within a week including title search if is a serious true buyer.
*
mini orchard
post Dec 27 2019, 11:36 PM

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QUOTE(yourinfohere @ Dec 27 2019, 10:25 PM)
Thank you for your reply, but above wrote normally seller ask buyer booking fees and sign booking form first, If not want find agent, need DIY, then seller can bring booking form to lawyer settle all. I think the lawyer will start charge seller fees, but if the buyer want cancel or unable of loan, seller still need pay to lawyer and others, so the booking fees is cover the seller lost and if everything alright this booking fees finally minus total amount, just buyer pay early to seller. Serious true buyer sure able and willing pay it.

I think want consent approval, this want wait long time process, so in this situation still after buyer sign SNP, seller can immediately get money(Bank Draft?) through seller lawyer(I think seller and buyer better separate find different lawyer?), then the house belong buyer, so the seller want move out everything of the house? This is mean after success find buyer, then just 1 week time, after done of SNP and seller received full amount money, seller want make sure ready move out everything of the house?

Normally, lawyer not do change utility bill name such as electric, water.... After sold the house, if the buyer not go to change utility bill name, finally buyer not pay it, this can how? Before or process sell the house, not possible change name to buyer, but after sold the house, seller how can cancel above name, this is mean want buyer responsibility of above bill payment and want make sure the buyer or new owner go to change utility bill name?

Except above, which part want special careful?
Above I not sure and I still consider many situations, hope unknown can tell me. Thank you so much.
*
1. Is your purchaser agreeable paying you the earnest money pending signing of SnP? In every cases that I know, most purchasers would prefer paying the earnest money to a lawyer or a real estate agency as stakeholder pending title search.

2. No legal firm will instruct purchaser or bank to release the balance of the purchase price to vendor before consent approval. So shifting out within a week is not possible.

3. Your buyer have to do new applications for electricity and water account. You can terminate it anytime after moving out. Not necessary to go together with purchaser.

This post has been edited by mini orchard: Dec 27 2019, 11:47 PM
yourinfohere
post Dec 28 2019, 12:46 AM

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Really Thanks for your reply.

If buyer not willing pay booking fees, seller how to ask lawyer start process consent approval -> seller loan -> SNP -> seller received full amount.

Normally, consent will approval but need wait long time at least 9 months.
This is mean seller still can stay everything approx. 6 months till "SNP -> seller received full amount"?
If not approval I think this is seller problems and mean this house not possible sell?
If same area others success sold, how can others do above?

May I question?
The seller before sale one consent house, must have another house? But the seller only one consent house and consider after sold this consent house, rent one room and future don't know.

If above mentioned not problems, then the problems normally come from buyer, no want wait consent approval, unable get load, change the mind....

Require booking fees important to serious true seller.
Seller just consider take 5% booking fees and down payment also need 10%, the true serious buyer sure able and willing payment.

I also don't know wrong or not, but thank you so much.

QUOTE(mini orchard @ Dec 27 2019, 11:36 PM)
1. Is your purchaser agreeable paying you the earnest money pending signing of SnP? In every cases that I know, most purchasers would prefer paying the earnest money to a lawyer or a real estate agency as stakeholder pending title search.

2. No legal firm will instruct purchaser or bank to release the balance of the purchase price to vendor before consent approval. So shifting out within a week is not possible.

3. Your buyer have to do new applications for electricity and water account. You can terminate it anytime after moving out. Not necessary to go together with purchaser.
*
This post has been edited by yourinfohere: Dec 28 2019, 12:48 AM
yourinfohere
post Dec 28 2019, 01:08 AM

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I forgot below.

But the utility bill name such as electric, water.... not under the seller name, the seller before also not change name but keeping pay, so this can how? Now, if the seller is sell the house, hope can settle above situation, want make sure buyer will change the owner name. This is mean if sold out, want make sure full transfer without any future problems.
If buyer owe utility bill company, this possible ask and old owner and their relative, but the old owner and their relative not should responsibility of above and don't know above happen, but the buyer owe the debt of utility bill company is possible rolling like snow ball, then the owner and their relative maybe till check CTOS... record, then know above.
So can you give some advise? or opinion of above situation.

Seller really install basic needed, paint, renovation..., before this house not require bill proof, so this RPGT minus renovation fees will hopeless. This is mean only can minus starter house price, agent fees(maybe) and lawyer fees?

Thank you for your help.
Mini Orchard, hope you have a nice day.

QUOTE(mini orchard @ Dec 27 2019, 11:36 PM)


mini orchard
post Dec 28 2019, 06:54 AM

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QUOTE(yourinfohere @ Dec 28 2019, 12:46 AM)
Really Thanks for your reply.

If buyer not willing pay booking fees, seller how to ask lawyer start process consent approval -> seller loan -> SNP -> seller received full amount.

Normally, consent will approval but need wait long time at least 9 months.
This is mean seller still can stay everything approx. 6 months till "SNP -> seller received full amount"?
If not approval I think this is seller problems and mean this house not possible sell?
If same area others success sold, how can others do above?

May I question?
The seller before sale one consent house, must have another house? But the seller only one consent house and consider after sold this consent house, rent one room and future don't know.

If above mentioned not problems, then the problems normally come from buyer, no want wait consent approval, unable get load, change the mind....

Require booking fees important to serious true seller.
Seller just consider take 5% booking fees and down payment also need 10%, the true serious buyer sure able and willing payment.

I also don't know wrong or not, but thank you so much.
*
Once SnP signed, 10% (inclusive of the booking fees) is paid to the seller. After that, your lawyer will only proceed to apply for state consent. If the buyer decide not to proceed with the purchase for whatever reasons before or after consent approval, then you can forfeit the 10% and the sale is consider aborted.

On the other hand, if the state consent for transfer is rejected or exceeded the time duration stated in the SnP, then you have to refund the 10% to the buyer and the sale is considered aborted.

Partial legal fees have to be paid by you for work done if aborted by buyer or seller due to above reasons.

Once the sale is completed, i.e. full payment received, the seller must deliver the house to the buyer.

In normal state consent, approval is not an issue unless you are a bumi and selling to other races or the state govt has intention to acquire your area for future development.

This post has been edited by mini orchard: Dec 28 2019, 06:55 AM
mini orchard
post Dec 28 2019, 07:19 AM

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QUOTE(yourinfohere @ Dec 28 2019, 01:08 AM)
I forgot below.

But the utility bill name such as electric, water.... not under the seller name, the seller before also not change name but keeping pay, so this can how? Now, if the seller is sell the house, hope can settle above situation, want make sure buyer will change the owner name. This is mean if sold out, want make sure full transfer without any future problems.
If buyer owe utility bill company, this possible ask and old owner and their relative, but the old owner and their relative not should responsibility of above and don't know above happen, but the buyer owe the debt of utility bill company is possible rolling like snow ball, then the owner and their relative maybe till check CTOS... record, then know above.
So can you give some advise? or opinion of above situation.

Seller really install basic needed, paint, renovation..., before this house not require bill proof, so this RPGT minus renovation fees will hopeless. This is mean only can minus starter house price, agent fees(maybe) and lawyer fees?

Thank you for your help.
Mini Orchard, hope you have a nice day.

QUOTE(mini orchard @ Dec 27 2019, 11:36 PM)

*
For utilities, buyer can change name immediately upon new application. Dont have to wait for seller to terminate the account.

As for your case, since is still under previous seller account, you settled ALL outstanding bills before moving out so as not to cause problems to your buyer. You cannot terminate the accounts UNLESS you do 'new' applications and terminate. If the new buyer dont pay the bill, the utility co will disconnect supply. Utility co have records of usage and payments and can check with SnP date in any 'disputes' of the buyer.

As for rpgt, you can only claim for deductions with bills. On the other hand, if for residential properties, a seller can elect for rpgt exemption ONCE in a lifetime.


yourinfohere
post Dec 28 2019, 02:44 PM

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Thank you so much, Mini Orchard.

If the process is below
1.)Letter Option to Purchase/Booking Fees (prepare a 2% deposit)
(->Within 14 days purchases must signed S&P.)
2.)Signing S&P Agreement (prepare a 8% deposit)
(->Within 3 months. But if purchaser fail to settle the remaining 90% can allow purchaser more 1 month extension.)
(->But for seller, if fail to get consent or delay, want make a new S&P, this cost seller again and again with new s&P?)
(->Seller need pay the stamp duty and RPGT, but if purchaser fail to settle or seller fail of consent, then seller can get back stamp duty and RPGT? The lawyer fees sure must pay.)

My problems is normally
Freehold - Waiting time min 3 months to get consent
Leasehold - Waiting time min 9 months to get consent

You wrote after "Signing S&P Agreement" can proceed to apply for state consent.
This is mean I unable use "3+1 S&P", so I need require all
a.)Only after get the approval of "state consent", then can start the "3+1 S&P"?
or
b.)I can't use normal "3+1 S&P", so I want change the S&P agreement expiry date within 9 months?
or
c.)Please above which better and others suggestion? Such as, wait 9 months, house price maybe increase...., so want how?

QUOTE(mini orchard @ Dec 28 2019, 06:54 AM)
Once SnP signed, 10% (inclusive of the booking fees) is paid to the seller. After that, your lawyer will only proceed to apply for state consent. If the buyer decide not to proceed with the purchase for whatever reasons before or after consent approval, then you can forfeit the 10% and the sale is consider aborted.

On the other hand, if the state consent for transfer is rejected or exceeded the time duration stated in the SnP, then you have to refund the 10% to the buyer and the sale is considered aborted.

Partial legal fees have to be paid by you for work done if aborted by buyer or seller due to above reasons.

Once the sale is completed, i.e. full payment received, the seller must deliver the house to the buyer.

In normal state consent, approval is not an issue unless you are a bumi and selling to other races or the state govt has intention to acquire your area for future development.
*
yourinfohere
post Dec 28 2019, 02:47 PM

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I have other situations.

Scenario 1
If after I death I make a valid will, my executor and trustee and beneficiary is same person.
My beneficiary also wish sell this consent house, no matter above, all my estate still control by my executor and trustee. My executor still need one step, responsibility transfer my estate to my beneficiary. Normally executor have power of "sumpah pentadbiran" oath taken by the executor that he will administer the estate accordingly.

I)May I know, after I death, when petition of probate (normally want wait 6 months to get probate) before or after get the probate, my executor or trustee or beneficiary can like above process sell my consent house?
This is mean my executor or trustee or beneficiary only need pay 5% RPGT?

II)If after my executor and trustee or beneficiary or lawyer go to land office use the probate transfer my consent house to my beneficiary, then my beneficiary only can like above process sell my consent house, but within 3 years need pay 30% RPGT?

Probate have expiry date or not? or before probate want success sell the estate? If I) sure need above 9 months for sell consent house, then only can choice II)?

Scenario 2
I purchase one freehold by cash, 2nd year I can transfer to non family members? No matter transfer still like sell, the RPGT still this formula: valuation of market value - S&P price?
No matter I transfer or sale to non family members then the date count RPGT still want restart again?

Normally, after transfer my freehold house to non family members and I use the renovation bill minus RPGT, so I want sell house, my non family members unable use my renovation bill minus again RPGT.
If after transfer my freehold house to family members with 0% RPGT and I give the renovation bill to my family members, when my family members need sell this freehold house, can use my renovation bill minus RPGT?
The renovation bill can minus RPGT is including lamp plug, water pipe hose, paint.... all about for house usage, also when house lamp damage ask repair... when have receipt proof all can minus RPGT?
After non family members or family members get my house, then renovation again or repair, when want sell house, this new receipt proof can minus RPGT in future?
This keep receipt proof for minus RPGT purpose have expiry date or not?

Scenario 3
When I "Signing S&P Agreement", but still wait "3+1 S&P", may I know the date start count 5 years above is date of "Signing S&P Agreement" or date of "Completion of S&P Agreement"?
If 6 Jan 2020 then after 5 years is after date 6 Jan 2025?

Scenario 4
Some, "Freehold" wrote like below
"Last 4 open title, 3 Bumi Lot"
May I know, if 1 street(mean 1 Lorong) with 10 houses, above wrote like that is mean 3 units is sure Bumi owner, then 4 units is open title to any race? 3 units unknown which race.
When the "open title", the Bumi also can use the Bumi discount then buy the "open title", but this "open title" will auto change to "Bumi lot"?
When the "open title", the Bumi not use the Bumi discount, but when the Bumi purchase then this house will auto change to "Bumi lot"?
When "Bumi Lot" is mean this 1 street(mean 1 Lorong) included "Bumi open title house" and "Non Bumi open title house"?
If Bumi able purchase, then Bumi discount can use many time? This mean if Bumi sell or not sell old house, Bumi can always use the Bumi discount buy the another "open title" many time?

I don't know above correct or not, if I wrong please correct me, if can, please tell me a better way. Thank you for your help. Thank you so much.

QUOTE(mini orchard @ Dec 28 2019, 07:19 AM)
For utilities, buyer can change name immediately upon new application. Dont have to wait for seller to terminate the account.

As for your case, since is still under previous seller account, you settled ALL outstanding bills before moving out so as not to cause problems to your buyer. You cannot terminate the accounts UNLESS you do 'new' applications and terminate. If the new buyer dont pay the bill, the utility co will disconnect supply. Utility co have records of usage and payments and can check with SnP date in any 'disputes' of the buyer.

As for rpgt, you can only claim for deductions with bills. On the other hand, if for residential properties, a seller can elect for rpgt exemption ONCE in a lifetime.


This post has been edited by yourinfohere: Dec 28 2019, 02:49 PM
yourinfohere
post Dec 28 2019, 03:27 PM

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Thank you of your info.

Life time one exemption but max capped 10% or RM10K only.

Another is
Exemption of RPGT, Service Tax from Jan 1, 2019. KUALA LUMPUR (Bernama): The government has agreed to exempt the real property gains tax (RPGT) to individual Malaysian citizens who dispose of their properties at a consideration price of RM200,000 and below.

This post has been edited by yourinfohere: Dec 28 2019, 03:28 PM

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