Hello

I need help.

The developer of the property that I bought has sent the letter for Issueance of Strata Title, MOT and MOC.
The letter states I need to find the lawyer whom I engaged with during the purchase of the property to sign the perfection of transfer/change of ownership.

Unfortunately the lawyer is no longer in practice and he moved to Sg. Petani.

How can I settle this? I don't know how to find another lawyer.

Can someone please help to explain what would the steps be in this case?

It simply means that the strata title now is to be transferred under your name. all you need to do is just furnish few documents and thereafter sign documents that are being prepared by the lawyer. PM me for more details. Which bank you are applying for your loan?

U can try call the developer suggest you a lawyer or find your loan lawyer to do the Transfer.

Steps
1 : Find a lawyer and at the same time pay your current year assessment and quit rent(with your Management)
2: Lawyer will prepare Form 14A (transfer) and 16A(charge, if you got loan) for you to sign
3: Pay the lawyer's fees and disbursements for both transfer and loan. The large chunk of the fees should be your MOT stamp duty
4: Sit down and relax to wait for your title to be out which may take up 6 months (in s'gor and KL property)

Above are just salient points not the entire process.

As where to find a lawyer, few considerations:-
a) your location- if you stay in kuala lumpur, you would not want a lawyer from ipoh (or vice versa) to handle your documentation albeit the fees are cheaper (don't want kena shoot by ipoh lawyers saying their fees cheaper )
b) prop location- if the prop is located in Penang, you would not want a lawyer from kuala lumpur (or vice versa) to handle because the courier charges will be taken in consideration
c) ask your family/friends, they should have 1 or 2 in their phone list as most lawyers do handle property matters. If the lawyer introduced not doing property matter, s/he will have peers who do prop matter.

Consequences of not perfecting your transfer/charge.
1: your property has no title akin to you not having a NRIC. When the strata title is not out, people rely on developer (akin to parents) for identification. Now the strata title is out, people rely on the title (akin to adult got NRIC liao ). So, when the parents die, the children will suffer. Same goes to the property. You will have a very long process in transferring the name to yourself or other ppl (in the event of sale) if there is no title.

2: If the prop is charged to a bank, Bank will sign on your behalf by virtue of Power of Attorney. The expenses incurred will be charged on your loan. So that your wallet will get thinner

Issuance of strata title to high rise residential properties are common. Nothing to worry about and the perfection of transfer/charge (ie. registering your name in the title deed and endorse your financier's name in the title deed as the chargee) is normal.

It's not hard to find a solicitor's firm to attend to your perfection. I have a few reliable contacts if you want, i have been passing to them all my files and they have done a great job with a reasonable price too. PM if you need the contacts.

By the way, is the solicitors who attended to your Sale and Purchase Agreement and Facilities Agreement the same?

If it's the same then you may have a very small (but negligible) issue in getting the Bank's consent to assign the perfection of charge task to that new appointed firm of solicitors.

Any law firm can help you with this. It is not necessary that you go back to the previous lawyer.

This is true for the perfection of transfer but not for the perfection of charge. The financier will not assign cases to non-panel solicitors and would prefer to have the previous solicitors who handle the loan documents to attend to the perfection of charge unless special circumstances arises (such as this) and even with the newly appointed solicitors, a fresh letter of undertaking is required to be issued to the financier before they will assign the case to the new solicitors' firm.

Also, if the original title is still with the developer, they will not release the title to the perfection of transfer solicitor as the Developer have previously issued an undertaking to the financier only to release same to the financier's solicitors. So, if the previous financier's solicitors are no longer in practice, the Developer will most likely deliver the title to the financier in which case, paragraph 1 will apply.

Yes you are right on the MOC. Will need to get a law firm who is on the bank's panel to do it.

Thank you everyone for the feedback.. I'm getting the picture.

Can I have the lawyer contact too?

Just wondering is it very complicated to perform this perfection of transfer and charge actually? Was thinking if it is possible to do it ourselves and save on the legal fees?

where are you located?

my solicitors are in Puchong so if you or your property in question is not in Selangor then they may not be suitable for you.

Hi, sorry to revive this thread, could I also request for the lawyer contacts as am looking to do strata transfer as well.