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 About MOC/MOT

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edyek
post Feb 25 2019, 08:56 PM

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QUOTE(Harry_Bobinski @ Feb 25 2019, 04:08 PM)
I agree. Speaking of which, if I have purchased an empty agricultural land as my first property, it IS considered a first home -.-

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Hi boss, how is it buying an agri land considered a first home?
Harry_Bobinski
post Feb 26 2019, 09:02 AM

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I also wonder. -.- At that time, it was mentioned to me that I was not eligible for PR1MA. Cilaka
aishiteru^^
post Feb 26 2019, 04:23 PM

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Hi guys, who here can comfirm is it MOT exemption is eligible to all first time home buyers from developer units under rm1 million sign spa within 1st of jan 2019 till 30th of june 2019?
AskarPerang
post Feb 26 2019, 07:08 PM

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QUOTE(aishiteru^^ @ Feb 26 2019, 04:23 PM)
Hi guys, who here can comfirm is it MOT exemption is eligible to all first time home buyers from developer units under rm1 million sign spa within 1st of jan 2019 till 30th of june 2019?
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Yes. Refer clause c) below.
To be more precise. Above 300k and below 1M.
Only mentioned stamp duty exemption for S&P. Not stated stamp duty for loan agreement got the exemption as well.

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cwchong27
post Feb 27 2019, 08:49 PM

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How about if i am a first time home buyer but the S&P price is above 1mil , will i still get any waive on the MOT?
Leo the Lion
post Mar 2 2019, 01:56 PM

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Talked with my lawyer, yeah cannot get waived or discounts for MOT Stamp Duty (since it is fixed) but can get 50% discount for MOT legal fees since I'm a first home buyer. Ima so pening with this legals stuff. =.=

This post has been edited by Leo the Lion: Mar 2 2019, 01:56 PM
derick8860
post Apr 5 2019, 12:17 PM

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QUOTE(derick8860 @ Feb 13 2019, 11:22 PM)
Hi, if im first time homebuyer purchasing service apartment (commercial title HDA status) under RM1million can I get the 100% stamp duty waiver?
...... 5) In this paragraph—
“residential property” means a house, a condominium unit, an apartment or a flat purchased or obtained solely to be used as a dwelling house; ......

Thank you.
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QUOTE(hanhanhan @ Feb 14 2019, 11:33 AM)
if your SPA is under schedule H of the HDA then can get.
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How to get if under schedule H of HDA?

I saw the latest circular of surat akuan need to declare that the property owned not soho, sofo, sovo & service apartment.
derick8860
post Apr 6 2019, 04:33 PM

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Ok, i got conned by being too naive.

Talk is cheap.
hanhanhan
post Apr 6 2019, 07:11 PM

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QUOTE(derick8860 @ Apr 5 2019, 12:17 PM)
How to get if under schedule H of HDA?

I saw the latest circular of surat akuan need to declare that the property owned not soho, sofo, sovo & service apartment.
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yes, need to use the Surat Akuan that LHDN issued.

however whether 'service apartment' can get the waiver is a different story.

LHDN may term 'service apartment' as those hotel / managed by hotel or property managing agent.

recently most 'condos' are technically serviced apartments (especially those with commercial elements below the 'condo') if you check the development order, however they are sold as 'serviced apartments' but for private dwelling.

TL:DR - ask ur lawyer to let u sign that Surat Akuan and ask them to check with LHDN if the application for waiver kena rejected.
derick8860
post Apr 7 2019, 03:42 PM

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QUOTE(hanhanhan @ Apr 6 2019, 07:11 PM)
yes, need to use the Surat Akuan that LHDN issued.

however whether 'service apartment' can get the waiver is a different story.

LHDN may term 'service apartment' as those hotel / managed by hotel or property managing agent.

recently most 'condos' are technically serviced apartments (especially those with commercial elements below the 'condo') if you check the development order, however they are sold as 'serviced apartments' but for private dwelling.

TL:DR - ask ur lawyer to let u sign that Surat Akuan and ask them to check with LHDN if the application for waiver kena rejected.
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Now only can hope so.

I saw the surat akuan for 2017/2018, they only exclude soho, sofo & sovo.

This round they added in service apartment in the exclusion.

Even HOC also include service apartment in the exemption, I supposed first time buyer offer should be better than HOC, or at least the same.

Shall see how later on, thanks.
hohk10 P
post Apr 8 2019, 10:52 PM

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Hi all guru here,

I have strata serviced apartment launched in 2012/2013 and already taken VP in 2016.
At the time of VP, i did not receive any notification for completing the MOT.

Currently my land assessment letters still see the Developer name and my name (owner) in the letter so i should be still under Master Title right?

Would like to ask about what should an owner do to get the MOT done? I intent to settle my bank home loan in the next few months.
Should i need to engage the developer directly to start the MOT transfer procedures or should i just contact the lawyer firm who did my S&P or any other lawyer firm?

I have read in this old link "https://www.hba.org.my/articles/iprop/transfer.htm" mentioning
"(1) Any original proprietor or any person or body appointed by a court of competent jurisdiction shall execute the transfer of strata titles to the parcel proprietors within twelve months from the date of issue of strata titles by the Land Administrator or any extended period approved by the Director upon the opening of the strata register."

would like to ask what it means by " issue of strata titles by the Land Administrator" and "opening of the strata register."?
For my case, is it the developer pretend forget to execute the above clause?
shinchan^^
post May 29 2019, 03:42 PM

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i missed the MOT stamp duty deadline...
How much penalty normally?
slashie
post Jul 9 2019, 02:50 PM

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I am selling my house and the lawyer said I need to pay half of legal fee and stamp duty for both S&P and MOT. Is it correct?
eikhwan4
post Aug 14 2019, 06:24 PM

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Hi there,

is it possible for me to execute the MOT process by myself? it just a sake of clerical activity actually.

do we really need a lawyer for this?
overlordchin91 P
post Aug 20 2019, 03:39 PM

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Hi Masters biggrin.gif ,

I am a first time buyer.
During the SPA in July 2017, I've paid for SPA and loan legal fee and also stamp duties for MOT and loan as this was quoted by the lawyer at that time.
Later in May 2018, the developer sent me an official letter saying that STRATA title for my property has been issued and asked me to complete the perfection of transfer. Hence, I went back to my lawyer to perfect the transfer which I was then charged with a certain amount of fee. This excluded out the stamp duties for MOT and loan which I have paid in July 2017.

Question: Why did the lawyer request me to pay for the stamp duties for MOT and loan in July 2017 during the SPA when the Strata title was only issued in May 2018. Is it common for lawyer to charge buyer on MOT stamp duty before Strata title is issued?
cocolala
post Aug 26 2019, 04:22 PM

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Hi all, I purchased a condo in July 2007 via subsale, now wants to Strata Title transfer. Purchased amount RM262k, loan amount RM235.8k

My lawyer no longer in service so he introduced another firm, below is the charges:

Professioal fees:
Perfection of Transfer RM1310 + 6% tax
Perfection of Charge RM1179 + 6% tax
Application for consent to charge RM300 + 6% tax

Disbursement:
Printing & stationeries RM200 + 6% tax
Misc RM100 + 6% tax
Travelling RM350 + 6% tax
Courier RM150 + 6% tax
Telephone RM100 + 6% tax

Disbursements:
Purchase of security documents RM100
Stamping Fee on charge annexure RM40
Application consent to charge RM50
Registration fee on transfer RM400
Registration fee on charge annexure RM120
Registration fee on consent to transfer RM130
Registration fee on consent to charge RM120
Stamp duty on transfer RM4240
Land search RM100

Can anyone advise if this is reasonable?

QUOTE
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.


If we do the strata title transfer this year and finished paying loan next year, do we still need to do anything to remove bank's name from the title? sorry totally have no idea about this strata title thing.

Thanks in advance.

hanhanhan can help to clarify the above? notworthy.gif

This post has been edited by cocolala: Aug 26 2019, 04:26 PM
Leo the Lion
post Oct 7 2019, 08:32 AM

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QUOTE(eikhwan4 @ Aug 14 2019, 07:24 PM)
Hi there,

is it possible for me to execute the MOT process by myself? it just a sake of clerical activity actually.

do we really need a lawyer for this?
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I was told by my lawyer it sits between RM1,000 to RM10,000


SSJBen
post Oct 14 2019, 10:41 PM

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I signed SPA for a new home (first time owner) in late May 2019 this year, I was not eligible for stamp duty exemption since the market value of the house is 1.45mil. I don't even get any remission.

Is there nothing I can do to get anything from LHDN?
pvd3wseng
post May 31 2020, 01:15 PM

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Hi everyone,

From the picture attached above, it's stated Professional Legal Fees and Disbursement Fees will be paid by the developer for the Sales and Purchase Agreement (SPA) and also likewise for the Loan Documentation. For your info, I purchased a unit during the HOC 2019 so the stamp duty for the MOT is should be exempted by the government right?

I will be expecting to collect the keys anytime now but I was required to pay some Legal Fees, Disbursement Fees, Admin Fees in order for me to actually sign the MOT and same goes to the MOC. I know the Stamp Duty for the MOT is exempted because I purchased it during the HOC 2019 campaign. But, I thought all legal fees/disbursement fees are paid by developer since its stated in the Terms & Condition and I also used the Developer panels lawyers. Why is there hidden charges coming out from nowhere where it requires me to clear them? Please do provide any advise on this as I am a first time home buyer so I have no experience in this matter.

Thank you in advance.
cfc
post Jun 7 2020, 12:23 PM

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hi would like to ask u guys
1. what photocopy legal documents u get from lawyer for new landed house purchase.

i only have the original loan agreement (from bank) and SNP (from lawyer). NO other legal documents anymore.

Am i supposed to get photocopy of the title (is it call geran ? jadual 14+ pelan tanah), charge and annexature (gadaian bank?) for my own record too ?

2. how do i know the landed house that jus purchased , has it completed the MOT process ? meaning the Master title change to Individual title ? Have a bad after sales service from developer and also the lawyer was from their assigned foc panel.

thank you.

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