if house under his name only and first purchase, then MOT is FOC.

any house below 300k (SPA price) for first buyer is FOC MOT.

Noted, very helpful. Thanks.

I'd appreciate any help for my case. I have been asked to re-sign the MOC by the bank in regards to my loan facility.
My issue with this is the law firm is asking me to bear the legal charges of this re-signing. Are they allowed to do so since it is the bank that gave instruction to the lawyer. I've asked around with the bank itself but not getting any firm answer. What is the impact if i will not put the dot on the new MOC.

depends whats the cause for re-signing the MOC

is it because lawyer use wrong version of documents ?

Guys for property rm 1mil, is rm5k reasonable for mot & moc lawyer fee & disbursement. Same lawyer as spa & loan. Stamp duty paid during spa time.

yes its standard fee after 75% discount.

Hi all sifus, I'm going to buy a subsale leasehold landed property with individual title, do I have to pay MOT immediately after signing the SPA? Or I can pay it only when the land office given its consent to transfer? Please advise me, thanks a lot.

Recently, I just VPed for my first property.

SPA value 300k, loan amount 270k

MOT charges:
- Legal fee: 525
- Reimbursement 220
- Disbursement 220
- Stamp duty 5000
Total: 5965

MOC charges:
- Legal fees 875
- Reimbursement 340
- Disbursement 839
Total: 2054

Earlier, it is mentioned that 300k and below would have the stamp duty waived? My MOT still includes the stamp duty though.
I tried following the formula previously given but the figure didnt tally with what the lawyer charged. It's the same S&P lawyer ( loan was also handled by the same lawyer ).

Is the charges correct and reasonable?

you can pay after consent obtained, or your right before your solicitor submits the MOT for adjudication.

u need to inform the lawyer it's ur first property and provided that it falls under the relevant exemptions during your SPA date.

they will prepare a surat akuan for you to sign

Hi, Great info there.

Just want to get clearer info, what is the component for the whole MOT? (no changes in ownership)

Legal fee + stamp duty + disbursements?

Do owners need to renew the SPA, from Master title to strata? (not sure whether this is applicable or else this will be additional cost for property owners.)

no such thing called 'renewing SPA'

the breakdown for MOT charges are as what you mentioned.

if you have an existing bank loan for that property, you'll need to pay for MOC as well (memorandum of charge) which is to charge / gadai the property to the bank

thus the title will have your name AND the bank's name.

Hi all,

I have recently received the Strata title letter from my developer. asking to perform a perfection transfer for MOT.
as what i found from internet that i will need to pay stamp duty for the MOT AND MOC. but i not sure if i had paid these MOT and MOC before while during i signed my SPA.

Can anyone help me to find out from my quotation that issued by the solicitor in earlier?


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If SPA signed in 2013, still eligible for stamp duty exemption for first time buyer on the MOT?

have to see what was the price limit in 2013

if not mistaken SPA price must be below rm500k

Hi there,

do you mean that in this situation, the DOA is not applicable?

Let say currently a (Joint) property which is still master title, Owner A gonna buy over the other 50% share of owner B, (not selling to other individuals)

In this case, which should be treated as a sub-sale transaction, a new SPA need to be processed with only one Owner/ one name, which of course the SPA will consist of: Legal fee + Disbursements + Stamp duty on Deed of assignment

So now, do the same owner, Owner A need to pay for the DOA or just the nominal fee of RM10?

DOA is when the property is still under master title.
MOT is when the individual document of title to the property has been issued.

Assuming the subsale transaction of the intended sale has been completed, only B gets to pay the nominal stamp duty as B would've paid the full stamp duty for the assignment contemplated in the subsale transaction.

A will have to pay the full of its share in the property valued based on A's initial purchase price.

lets say original SPA price from developer is 500k and the original SPA owner is A (1/2 share) & B (1/2 share).

now owner A wants to buy over owner B's half share at the price of RM300k

DOA between owner B and owner A
A has to pay stamp duty based on the purchase price of the half share, or market value of the half share, whichever higher (this is what we call 'ad valorem' stamp duty).
Assuming that the market value is only RM250k, LHDN will follow RM300k to calculate ur stamp duty payable (cos LHDN wont pass up the opportunity to collect more stamp duty)
for this example A is buying half share from B at RM300k , so the DOA will be stamped at RM5k.



now owner A has full share of the property (however for RPGT purposes there is another thing to take note of)

when title is issued few years later

A has half share as 'original owner' --> havent pay ad valorem stamp duty (1st half share)
A has half share he bought from B --> already pay ad valorem stamp duty on the DOA (2nd half share)

so when title issued, A only need to pay ad valorem stamp duty on the 1st half share (based on half share of original SPA price, which would be RM250k --> stamp duty is RM4k)
he only need to pay RM10 on the 2nd half share because he has already paid 'ad valorem' stamp duty on the DOA.

This post has been edited by hanhanhan: Oct 13 2018, 12:21 AM

Awesome!

Thanks for the response and detailed info guys.

Hi all.

My house purchased price 195k. With 2 names. I purchased in 2005.

Right now i'm going to do MOC with snp lawyer. This is the their price:


Perfection of charge : rm1950

Statutory declaration: rm200

Sst 6% : rm129


Disbursement:

1. Loan doc (poc) : 250

2. Stamping : 40

3. Registration : 120

4. Affirmation statutory declaration : 60

5. Land search : 160

6. Postage, courier, printing, photostat, binding : 380

7. Phone, handphone, fax : 380

8. Travel, transport : 380

9. Misc : 100


Total: rm4149


What is your opinion?

Hope all the sifu can give me some advice on this bill.

This post has been edited by Asiana: Nov 2 2018, 05:07 PM