before the coming into force of the Strata Titles (Amendment) Act, the period to perfect the transfer is twelve (12) months but after the amended Act came into effect, the period was subsequently changed to thirty (30) days.

in order to determine which period applicable to you, all you need to see is when was the developer's license is issued. if it's issued before the amended Act then twelve (12) months and if it's after then thirty (30) days.

Appreciate your prompt reply! Correct me if wrong, the New Amended Act you mentioned is the one came into force in 2013 Link of new Act?

Anyway I just checked, the developer's license was issued in 2009, so should be 12 months in my case?

Do you have the latest scale rate to calculate the Legal fee for MOT as well as MOC? The legal fee scale fee for MOT of 1% for first 150k, and 0.7% for next 850k still applicable? what about the scale fee for MOC?

Thanks alot.

This post has been edited by locoroco2: May 8 2017, 11:54 AM

there's a new scale right now - New SRO 2017

there's still the HDA discount (30% for prop between 250k - 500k, 35% for above 500k) and same lawyer discount (75% for using SPA lawyer, 50% for diff lawyer) though.

This post has been edited by hanhanhan: May 8 2017, 02:34 PM

Thanks a million bro! Correct me if wrong, with new scale, if using spa lawyer, the MOT legal fee for 350k prop is (1% of 350k)x25% ? MOC legal fee also same 25% ?

if your SPA is under HDA, then

350k x 1%

then minus 30%

then minus 75%

MOC legal fee also follow the same structure - if under HDA then minus 25/30% depend how much is ur loan.

Yeap, that's the correct Act.

The Solicitors' Remuneration Order (the order where solicitors charges their clients) has also been recently amended.

The rate has been upped quite significantly, modifying the first two (2) tiers:-

1st RM500,000.00 - 1%
2nd RM500,000.00 - 0.8%

as opposed to the previous provision:-

1st RM150,000.00 - 1%
2nd RM850.000.00 - 0.7%

This scale is applicable for both loan transactions/sale and purchase agreements.

Thank u so much for your clarification! meaning if under HDA the formula for 350k prop is (350k x 1% x 70% x 25%) = 612.50, hope i got it right this time lol.

but the residential unit I purchased direct from developer was under mixed development project, how to confirm if it's under HDA or not?

This post has been edited by locoroco2: May 8 2017, 11:47 PM

Thanks for the rate! yeap, i just received the quotation from SPA lawyer, the formula used was (350K x 1% x 25%) without the HDA extra 30% i wonder why now...

Some question regarding the MOT
Example
If the purchase of a property in
Snp: A and B name
Loan: A and B name
Possible that when doing the transfer
Mot : A and c name
Or
Mot : just c name
Cause planing to help cousin to buy a house now and will sell it back to him after he can afford the loan.
Cause most of the bank don't accept third party financing wanted to save the cost on the mot.
Thank

Is it true that S.19A Strata Title (Amendment) Act 2013 has been deleted by Strata Title Amendment Act 2016 hence no time limit for the Perfection of Transfer for Strata Title? not even 30 days period ?

look at your initial SPA with the developer. If it says "SCHEDULE G/H" on top then it's under HDA.

short answer = no

there are ways, but it doesn't help u save money either.

you already answered your own question:-



buy the house, get rental income, then sell to him in future la

I really appreciate your straightforward answer! thanks bro!

extra query: So if it's a case of Subsale unit purchase (meaning not direct from developer) the SPA won't be governed under HDA hence no discount in relation to HDA on legal fee on MOT as well as MOC (if applicable) ?

This post has been edited by locoroco2: May 12 2017, 03:55 PM

Consulted lawyers, the "minus 30%" discount for transaction under HDA only applicable to legal fee for New SPA (direct from developer or Subsale), and New Loan agreement (LA). Say for owner who has already enjoyed the 25%-35% HDA discount on legal fee of SPA and LA, when time for MOT later (when strata title came out), the HDA discount no longer given to legal fee on MOT and MOC, if using same SPA lawyer then the "minus 75%" (meaning 25% of full scale rate) is applicable.

also, the S.19A in Strata Titles Act - 30 days deadline to execute the transfer of strata title (from the date of notice of transfer given by developer) is no longer valid after the Strata Titles Amendment Act 2016 came into force, S.19A is deleted.

This post has been edited by DrLimYG: May 16 2017, 12:28 PM

no HDA discount but the 50% (if MOC & MOT use diff lawyer from ur SPA and loan) / 75% (if MOC & MOT use same SPA and loan lawyer) discount still applies.

How much is Lawyer's Professional fees to perform MOT for Freehold house (full paid) ?
Average house price RM700k.

legal fees 6600

35% discount if u buy from developer
75% discount if u use back ur SPA lawyer
50% discount if u use other lawyer.

Hi All

Want to use this thread to ask question realted to MOT .

I bought a condo from developer and MOT is not absorb by Developer .

The developer priced it at ~RM808K but gave 18% discount , so the condo was bought @RM660k . The SPA stated RM808K . The condo actual market value should be around the selling price of RM660k .

1) In this case , the MOT will be based on the SPA sale price ?
2) If #1 is yes , it is possible that we can appeal ?

Thanks for the help in advance .

Yes based on SPA price...
and no, cannot appeal ..(pls do ask lawyer for confirmation)

Hi

Thanks . I guess this should be the case .
Will check with the lawyer when receive notice to pay the MOT .