Hi, i need help...

1. My S&P dated 2014 mentioned free MOT by developer
2. Developer gone bankruptcy before commence MOT process

So is there any way for me to claim free mot as stated in S&P or I have to bear the MOT cost ?

Thank you.

Buyer to take up the cost for mot.

Why the delay to do transfer ?

free MOT got mentioned in the SPA meh ?

i thought the SPA is standard and governed ?

free MOT is a separate arrangement btw developer and buyer. so, in your case, likely is u need to pay

nope.. likely is side letter, not mention in SPA

anyhow if developer wind up already, if u dont need to pay EXTRA is consider a blessing.

Hi Sifus, my property VP recently and I have received notification by developer that the MOT and MOC is ready to be executed. I am a bit confused about the additional legal fees and other fees that is needed to be paid. Hope someone knowledgeable in this forum can assist. My questions are as follows:

1) The SPA legal fees was borne by developer but excluding the cost involved for MOT. Does this mean that I need to pay the stamp duty for MOT (I don't qualify for any exemptions) plus legal fees (with 35% + 75% discount) plus other incidental costs, if I use back the SPA lawyer to do the MOT?
For example, house price is 500,000, then stamp duty = 100,000 x 1% + 400,000 x 2% = 9,000. Legal fee = 500,000 x 1% x 65% x 25% = 812.50.

2) For the loan agreement, I have already paid the stamp duty for the loan agreement when signing it. The legal fee for loan agreement was absorbed by the financier/bank. Now, for the MOC, I am not sure what do I need to pay? Do I need to pay another time the legal fee for MOC? What is the difference between MOC and stamp duty for loan agreement?
For example, loan amount is 450,000. When sign loan agreement, legal fee was paid by financier. I have paid the stamp duty on loan agreement = 450,000 x 0.5% = 2,250. What else do I need to pay for MOC?

1. yes

2. u still need pay legal fee, stamp duty & disbursement for MOC. MOC stamp duty rm40 only (RM10x 4).

1. Yes need to pay.

2. only need to pay rm40 stamp duty.

Ayam just did strata title transfer and can recommend you a lawyer with reasonable price, at least no mark up disbursement . Efficient also. If high stamp duty, can discuss with lawyer for installment payment.

List the contact here to benefit others. I am sure the lawyer would be happy that you are promoting his firm.

I takut kena sue if publicly disclose her contact details 🤣 tapi i compare few and found out some even mark up land search to rm150 🥹

Sometimes when legal firm is still new or business slow, their fees can generally be lower than others. But he cannot maintain that for long if cost goes up.

This post has been edited by mini orchard: Oct 21 2022, 07:56 AM

Not sure of how her business. But at least she has been diligently update me and ayam already passed her few files to do. Service still top notch as to date. I think msia is lacking good and responsible lawyer. Met few before her and blood can really shoot up . If cost really goes up in future, ayam dun mind to pay more for her service to be honest. Hopefully she wont see and adjust her fees after this

One should be careful with lawyers as they normally hold large sum of money as stakeholders.

Lawyers absconded with clients' money are regularly reported.

No doubt one can lodge a complaint with the bar, but that will be a long process.

The bad apples will set up baits to lure clients.They will strike when accumulated stakeholder money is large enough to warrant his action.

This post has been edited by mini orchard: Oct 21 2022, 11:15 AM

Yes my friends kena from one of the Puchong's lawyer. its a butt-pain process. Luckily he managed to get back partial of his money from another partner. I think trustable lawyer is essential. At least for most of my cases with her, she only collect the stamp duty upon notice from lhdn. So i x takut she lari.

You better buy bank draft next time.

i thought the lawyer is compulsory to buy insurance to cover if such case happen ?

Investigation takes time. Need money for other purpose or emergency.

If unlucky, insurance and practising licence also expired but cont to accept cases, then bar council also cannot help.

This post has been edited by mini orchard: Oct 21 2022, 06:10 PM

Insurance don't cover fraud. If lawyer lari, if got partners then go after whole firm.. if not, sad case.

The Malaysian Bar always share the list of lawyers that has disciplinary issues on their site.

Hi, wanna ask; usually how long will MOT & MOC process from start to completion ya?

I started the process with both sets of lawyers on 1st July 2022 and only recently got word from the MOC lawyers that they recently (early Jan 2023) got the MOT from the other lawyer. I have paid everything up and sent them all the documentations and receipts/ proof of payments but the MOC lawyers said will still take a few months more to complete.

I want to know if nearly 1 year period is that really normal or both sides just putting my file on the back? I have been following up on bimonthly but the answer given is "still in process".

EDIT: Any recourse that I can do to speed things up?

This post has been edited by babylon52281: Jan 24 2023, 06:58 PM

Your peoperty purchase is leasehold or freehold tenure ?

This post has been edited by mini orchard: Jan 24 2023, 11:10 PM

Hi, freehold service apartment in Selangor. This is my first property tho

This post has been edited by babylon52281: Jan 25 2023, 01:11 AM