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 Selling Your Property, Things to Consider & Costing Involved

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jason1986
post Jul 3 2015, 06:36 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

So far I know is only RPGT and lawyer fee. Any else?
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For Vendor, generally, the main charges will be as follows:-

(1) Legal fees for Sale and Purchase Agreement - if you decide to appoint your own lawyers - highly advisable to do so, otherwise, the SPA will most definitely be one sided in favour of the purchaser.
(2) RPGT - the tax itself (if applicable) and the legal fees for submission of the RPGT forms (will still need to submit forms to LHDN even if no RPGT payable);
(3) If property is still assigned/charged to the bank, you will need to pay for the legal fees and disbursements for the deed of receipt and reassignment/discharge of charge.
(4) If state authority consent is required, you will need to pay the legal fees for the application for consent as well.

There could be other charges, depending on the case at hand.

This post has been edited by jason1986: Jul 3 2015, 07:14 PM
jason1986
post Jul 3 2015, 07:32 PM

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QUOTE(suadrif @ Jul 3 2015, 07:23 PM)
Which one is costing more? Used the same lawyer or me appoint my own lawyer?
And for LHDN, let say I apply for RPGT exemption, do I still need to pay income tax? I really hates when my income got slashed for 25% for nothing
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Of course it will be cheaper if you use the same lawyer as that for the purchaser as you will not be charged legal fees for the drafting and negotiations for the SPA. However, you will be unrepresented for the sale and purchase transaction. As I have mentioned previously, your interest might not be safeguarded as the lawyer is acting for the purchaser and not you. The lawyer will be merely assisting you in relation to other matters such as for filing of RPGT, state consent etc. SPA will definitely be one sided.

RPGT is not income tax. RPGT = real property gains tax, i.e. tax on the gains you make from the disposal. Two different things. Seller is entitled elect for a once a lifetime waiver provided that the conditions are met (must not have used this waiver before, property must be residential, property has been occupied, either by the owner or tenant, CF must be issued). Will need to provide copy of CCC (previously known as CF) or telephone/water/electricity bill as proof.

Hope this clarifies.

This post has been edited by jason1986: Jul 3 2015, 07:33 PM
jason1986
post Jul 4 2015, 08:56 AM

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QUOTE(suadrif @ Jul 4 2015, 12:16 AM)
I see
Understood little bit more now
But one thing is, after sold the property, I won't be charge for income tax?

Another thing is, my agent mentioned that deposit 2% will be hold by agency and 8% is direct to owner. Is that mean I will be charged 2% for agency fee and then later another 2% for agent commission? Isn't that too much?
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Normally 2% booking fee paid will be held by the agency n balance 8% to be paid to the seller upon signing of the SPA. That 2% paid to the agency = the agents commission lahhh.

No income tax for disposal of property. If u make money from the disposal, it is = gains. Not income. Rental income will be subject to income tax. Gains subject to rpgt.

This post has been edited by jason1986: Jul 4 2015, 09:05 AM
jason1986
post Jul 4 2015, 09:04 AM

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QUOTE(Tavia88 @ Jul 3 2015, 11:19 PM)
Jason, you look well versed in Properties transaction... Mind to ask you're an agent ? Investor? Lawyer?? Or banker??brows.gif

Anyhow, when you ride on the buyer's lawyer doesnt meant the whole SnP would one sided towards purchaser. Seller still have the right to request a draft SnP from the lawyer to vet through before the signing date and make some amendments if he/she felt its too unjust... Subject to the owner is free to go through the whole SnP and digest it one by one. This way might saves you some little bucks.. tongue.gif
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Your statement is based on the assumption that the vendor knows what to look out for. Further there are other matters to take note if the vendor does not appoint their own lawyers. For e.g. the purchasers lawyers can play around with the timing involved and that the vendor's security documents will be held by them instead of released to them only upon certain conditions being met. They will also be holding the stakeholder monies. Not so simple. Hence my advice is still to get your own lawyers. For me, I will just factor all these costs into the selling price.
jason1986
post Jul 4 2015, 05:07 PM

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QUOTE(suadrif @ Jul 4 2015, 10:24 AM)
ok thats confirming something
at least i know that agent is bullshitting me for the other 2%
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Depending on area, I can recommend u reliable agents. Lots of crappy bullshitting agents around.
jason1986
post Jul 4 2015, 07:06 PM

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QUOTE(suadrif @ Jul 4 2015, 05:51 PM)
Reliable agent is one thing
Marketable agent is another thing

Many agent come to me for selling the house but not all can bring buyer.
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True. Don't get me wrong ya. I am just sharing contacts that I have if you need it. Have used this team of agents before and they were able to get things done for me.

Cheers.


jason1986
post Jul 11 2015, 11:09 PM

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QUOTE(Tavia88 @ Jul 10 2015, 05:04 PM)
Standard procedure, once the SPA is stamped then they will claim the 2%.

Except with special clause in the Booking form where the seller and the agent come to mutual agreement to only claim the commission once the title name transferred to the buyer. But these type of arrangement normally most of the agent wouldnt agree. The most secure's part that i saw i when the property is from bumi to non-bumi so they agree to only claim the commission after the consent to transfer obtained.

Hope the above clarification helps. biggrin.gif
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Tavia has graciously answered your question.
jason1986
post Oct 8 2015, 08:06 AM

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QUOTE(suadrif @ Oct 6 2015, 02:01 PM)
in my previous transaction, we just had 1 piece of A4 paper and put both signatures there as a proof of booking fee
seller take the booking fee
bring receipt to lawyer
sign SNP
seller collect remaining 10%
lawyer settles everything
seller collect remaining balance
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Just do up an offer to purchase. I can give you my template if you want.
jason1986
post Oct 9 2015, 09:42 AM

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QUOTE(axantra @ Oct 8 2015, 12:07 PM)
achimya who ask actually. but jason1986, could give to me to? tq
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Those who want the template please PM me your email address. I will have it emailed to you.
biggrin.gif

This post has been edited by jason1986: Oct 9 2015, 09:42 AM
jason1986
post Dec 2 2015, 11:52 AM

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QUOTE(chenster @ Nov 11 2015, 01:43 AM)
what is the seller need to pay if selling the property other than the 2/3% commission to the agent?
any other lawyer fees needed?
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Yes, there will be legal fees.

If you appoint your own lawyers, you will need to pay for the SPA legal fees.

other fees include the following where applicable:-

(1) filing of CKHT forms;
(2) discharge/Receipt and reassignment;
(3) application for state authority's consent; and
(3) disbursements in relation to the above.
jason1986
post Dec 8 2015, 10:53 AM

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QUOTE(jeff_v2 @ Dec 8 2015, 12:08 AM)
hi appreciate if u could elaborate more on the seller lawyer fees?
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Erm.. what else would you like to know? biggrin.gif
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.
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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
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.
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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?
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No way of finding out unless you ask kepoh neighbours.
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
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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.
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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.

 

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