Recently I made booking for house. In my booking receipt it mentioned below statement:

S&P legal fees & stamp duty borne by developer
MOC legal fees & stamp duty borne by developer
MOT legal fees & stamp duty borne by purchaser

I'm quite blur what is different between moc & mot? As nothing much i can find about these 2 things.
Is it moc is referring to bank loan fees?

What's the difference between S&P stamp duty and MOT?

MOC is the memorandum of charge ie a document executed to effect the charge of your property in favour of your financier.
MOT is the memorandum of transfer ie an instrument to effect the transfer of the title of the property to you as the owner.

Stamp dutt on S&P is just a nominal RM10/- per copy of the stamped document.
MOT is calculated on tier basis based on the property purchase price, ie 1% for the 1st RM100k, 2% for the next RM400k and 3% for RM500k onwards.

I know what MOT is. But why some websites put s&p stamp duty = MOT?

It's different. I can't answer on behalf of those websites that put so.

How about MOC? How it is calculated?

Provided that your loan facility agreement is taken as the principal instrument hence being stamped ad valorem (0.5% of loan amount) then the charge document / MOC will be the subsidiary instrument stamped at RM10/- per piece.

MOC - Memorandum of Charge, it's a document required to be perfected when the individual document of title to your property has been issued by the relevant land authority
MOT - Memorandum of Transfer, it's the document which will have your name endorsed and registered in the individual document of title to the property. this guarantees your right as the owner of the property. Vital!

Sale and Purchase Agreement stamp duty refers to the nominal stamp duty chargeable. All documents are required to be stamped in order to be admissible in court and more importantly a required documents before your bank will release any monies from your loan.

MOT stamp duty is the stamp duty payable to effect the transfer of the property to you and is calculated in the ratio provided in the stamp act. Generally, the higher the purchase price, the higher the stamp duty.

Sale and Purchase Agreement is not MOT. Sale and Purchase Agreement is the contract between the developer and you indicating the terms and conditions of the purchase. it's the legal binding document giving rise to the purchase.

Stamp duty for Memorandum of Charge is calculated based on your loan amount as well. the formula is X x 0.5%, where X is your loan amount.

Hi, I have few questions about MOT:

1. Is there any specific period to settle the MOT payment?
2. For first house buyers, is it true that there is 50% discount for the MOT stamp duty amount?
3. If no. 2 is true, how to claim/clarify the 50% discount with lawyers who had given a quotation without it?
4. For shared buyers, lets say 2 names.... if one of them already bought a house, does the discount still applicable to the other ?

Hopefully someone can give answers. Really appreciate it.

1. depending on what you mean "specific period". you are required to perfect the transfer within 12 months from the date of the developer informing you that the individual title has been issued failing which a penalty may be levied against you; you are required to make full payment of the stamp duty payable on the MOT within 1 month from the assessment notice; there is also a registration penalty payable by you if you failed to present for registration the MOT within 3 months from the date of the MOT.

2. right and wrong. to entitle to such waiver, you need to fulfill 2 criterias; 1) the property was your first residential property (you cannot co-own) or even linked as a borrower; 2) the property's purchase price must be below RM500,000.00.

3. the discount is not given by the solicitors but rather the relevant stamping office. don't pay the stamp duty to the solicitors first. pay to them only once the assessment notice is extracted.

4. technically speaking, yes. the waiver will apply to the one that is entitled to the waiver.

thank you for spending your time answering. need to understand more:

from answer for no. 1, does the penalty statement can be find in the S&P? of is it actually a general rules applied to all purchasers?

from answer for no. 2, meaning of "co-own" is cannot have two names (owners/buyers) for the property, even though the bought property is the first one for both buyers?

from answer for no. 3, assessment notice mentioned there is "cukai taksiran" right? meaning pay to solicitors after I received the assessment bill? after that, how actually the waiver will be given?

from answer for no. 4, how is that be if compared to the first criteria in answer for question no. 2?

tq.

This post has been edited by amel036yippee: Feb 25 2016, 01:37 PM

1. why "penalty" you are referring to? there are 3 penalties i mentioned in my post.

2. maybe make it simple, it does not matter in what capacity or share you are dealing in, so as long as your name appears on the Sale and Purchase Agreement/issue document of title to the Property, you will automatically be disqualified.

3. assessment notice in this sense is not to be confused with "cukai taksiran/cukai pintu". it's a specific assessment notice from LHDN. solicitors will usually forward same to their client once they have extracted same then the clients will have a period of 1 month to pay the same to the relevant stamping authority.

4. i don't understand your phrasing of your question. can you be more specific?

1. penalty for the MOT late payment - not to the land office, but to the solicitor especially.

2. what you mean here is actually if there are to names on the Sale and Purchase Agreement/issue document of title, am I right?

3. I think they haven't receive anything from LHDN up until now, except notification letter from developer about the Property title and MOT + legal fees quotation from solicitor

4. I try, it is like this:

In earlier question no. 2, i asked about the 50% waiver... your answer was there are two criteria must fulfill to eligible, where the 1st criteria is "the property was your first residential property (you cannot co-own)".

In earlier question no. 4, i specifically gave example about 2 names for one Property (lets say ABC), where to the 1st name this Property ABC is his/her second property and for the other name the Property ABC is his/her first property. then, your answer was "technically speaking, yes. the waiver will apply to the one that is entitled to the waiver."

my point of question is.... in question 4 the property is co-own, yet the waiver still can apply to either one of the buyer (first property bought)?

1. you don't pay penalties to your solicitors.

2. meaning you are not privy to any sale and purchase agreement and your name must not be endorsed on any immovable property (whether by way of gift, will etc).

3. then legally speaking, you have 12 months time from the date of the developer's letter to perfect the transfer.

4. if i may, let me cite you a scenario:-

Abu wants to apply for the waiver so Abu needs to make sure that he has not previously bought any residential properties and Abu must also ensure that he has no other immovable properties in which he has a share in it (whether it was given by his dad etc). This means Abu must have nothing to do with any immovable properties.

If Abu bought a property with Ali then Abu is not entitled to such waiver anymore and Ali may be entitled to the waiver provided that the conditions I have given in my earlier posts has been fulfilled.

This post has been edited by shaniandras2787: Feb 25 2016, 02:50 PM

I think I want to stop here for now. You've done a lot of answering, thank you very much and I need time to refresh my head also.... have to clear few things a bit to transfer those info.

Conclusion:

No. 1 & 2 - still blurry~
No. 3 & 4 - understood.

Thanks a lot.

I hope its ok to use this thread for a query...

If I buy a leasehold subsale which is under Master title, I would have to pay how many stamp duties? S&P and DoA?

Once the properly is ready for strata, do I need to pay another round of tiered stamp duty for MOT?

Whether a property is a leasehold or freehold has no bearing on the stamp duty payable on the Sale and Purchase Agreement or the Deed of Assignment. It may affect however the legal fees and registration fees.

If you are purchasing a property under master title through sub-sale transaction then upon issuance of the individual document of title to the Property, you are only required to pay a nominal fee of RM10.00 only. Your solicitors will know how to obtain the stamped original Deed of Assignment from your financier for endorsement of the then Memorandum of Transfer.

Hi shaniandras2787...Thank you very much for the reply....I guess I should have been a lil more clearer...I was charged the stamp duty on DoA which came up to a few thousands so I was wondering if I have to pay a few more thousand later on once the strata title is issued....If I understand your reply correctly, this would mean I only need to pay the RM10 and some lawyer fees for me to get my strata in the future...Thats a huge burden off my back

Thanks!

You are right.

If you are purchasing the property through a subsale transaction, you are required to pay the full stamp duty on the Deed of Assignment (by way of Transfer) based on the purchase price. The stamped ORIGINAL Deed of Assignment will be forwarded to your financier for safekeeping (if you are obtaining a loan) and when the individual document of title has been issued, your solicitors will request from your financier the same for endorsement so that the Memorandum of Transfer will only be stamped RM10.00 (nominal fee to give effect of admissibility in court).

BUT if you are purchasing the property by cash then the stamped ORIGINAL Deed of Assignment will be given to you then please be reminded to keep it somewhere safe and a place in which you will not forget otherwise you are going to have a bad time later on.

Thank you very very much for helping me clarify my doubts....

You are most welcome.

I was told that the legal fees for SPA and LA is free (borne by developer). But then since the project is still under construction, so by the time it's completed and ready for title transfer, it could be 3 years later. At this point, I know we need to pay MOT already but do we need to pay for legal fees again? And some agent even said we need to pay legal fees but capped at 25% if used back same lawyer as per SPA. Any comment?

Yes. You need to pay the solicitors to prepare the Memorandum of Transfer form (Form 14A) during the perfection of transfer.

The legal fees is capped at 25% of your total legal fees payable (based on your purchase price) which is excluding the disbursements etc.

Thanks, but where is this cap being mentioned? I tried to dig it but couldn't find it.. must it be the same lawyer then only can enjoy the 25% cap?

Search for the provision under the schedules attached to the Solicitors Remuneration Order (SRO).

Yes, you need to go back to the same firm of solicitors who attended to your Sale and Purchase Agreement to be entitled to this rate. If you elect another firm of solicitors then the legal fees will be at 50%.

Thanks Bro. Found it under Schedule 6 (paragraph 2f) of SRO ady.

Hi sifus here, as my dad is buying a new property, I wish to clarify some legal costs. Property details are as below:-


http://www.propwall.my/classifieds/1441435...tab=classifieds



The negotiated sub-sale price is 1.1 million, loan amount is say 980k. Property type is leasehold and strata, currently rented out.

Since it is a major purchase, I wish to ask about the legal fees involved. Appreciate if any lawyer sifu here can advise:-


1. How much is the legal fees for SPA & Stamp Duty? Payable when?
2. How much is the MOT stamp duty fees? Payable when?
3. Any other SPA related charges or stamp duty not mentioned above?
4. How much is the legal fees for Loan Agreement & stamp duty? Payable when?
5. Any other Loan Agreement charges not mentioned above?


Basically, I am trying to work out the total purchase cost (in addition to the 10% down payment) and to help my dad plan his cashflow (as we are selling some smaller props to raise money for this major purchase, hence cash flow timing is important). We are an average family where every cent counts, hope you can help me.

Thanks a lot!

1. How much is the legal fees for SPA & Stamp Duty? Payable when?
- the legal fees ONLY costs RM8,050.00, please take note that this is excluding caveat forms and disbursements.
- stamp duty for the Sale and Purchase Agreement is only RM10.00 per copy.

2. How much is the MOT stamp duty fees? Payable when?
- stamp duty itself will costs RM27,000.00

3. Any other SPA related charges or stamp duty not mentioned above?
- depending on the firms, disbursement charges varies but shouldn't be more than RM1,000.00 with GST.

4. How much is the legal fees for Loan Agreement & stamp duty? Payable when?
- legal fees ONLY costs RM7,310.00 (vary depending on the type of loan and documents involved)
- stamp duty itself will costs RM4,900.00
- usually payable upon execution of the loan agreements but can be dragged until before your loan solicitors send their advise for the disbursement of the loan
-you may want to take note of the differential sum payable too.

5. Any other Loan Agreement charges not mentioned above?
- you need to verify this with the solicitors because every firm is different in respect of their billings.

Basically, I am trying to work out the total purchase cost (in addition to the 10% down payment) and to help my dad plan his cashflow (as we are selling some smaller props to raise money for this major purchase, hence cash flow timing is important). We are an average family where every cent counts, hope you can help me.

- my word of advise, if your dad can only afford to buy a new property by selling off other properties and by selling these properties, the timing must be right then your dad is not in the position to invest in a new property with such high value especially when you mentioned "every cent counts" in your family

- if at all there is any delay in between these transactions (which will definitely occur), your dad could easily be stuck in between with nothing but unsubstantiated financial obligations.

- "flipping properties" aren't meant for people with commitment.

This post has been edited by shaniandras2787: Jun 7 2016, 06:18 PM

I have a scenario for first time house buyer.

Siti is first time house buyer.
Ali is not first time house buyer.

Siti wanted to buy a house of less than 500K
Siti name will appear in SPA, without Ali
Siti and Ali joined name to apply bank loan

Bank say MOT should get 50% discount
Solicitor say MOT should get 40% because loan is under 2 names

Which side is correct? 40% or 50% discount?

Yes, the bank is correct in advising that the stamp duty payable by Siti on the Memorandum of Transfer is entitled to 50% waiver.

For the stamp duty payable on the principal loan agreement however, it will only be 25% of the total stamp duty payable since only Siti's half share will be entitled for the waiver and not Ali's.

I do not know where the lawyer got the equation of 40%.

allow me to borrow and continue the thread for stamp duty discount please.

my scenario is, house under 500K:
1. SPA - 2 names (both 1st time buyer)
2. Loan - 1 name

can you help me to understand during MOT, lawyer need to help apply from stamp office both name to get 50% discount in 25% sharing each?
and for Loan doc stamp duty, do i entitle 25% or 50%?

Are you purchasing a property directly from the developer or through a sub-sale transaction?

arrh... sorry i miss that info, it's direct from developer, lawyer also developer lawyer.

if that's the case then your solicitors who will be attending to your perfection later on will need to submit the stamp duty remission during the adjudication of the Memorandum of Transfer.

to simplify things, the full stamp duty payable for the Memorandum of Transfer and the principal Facilities Agreement will be halved.

MOT not so soon as project still under con.

but for loan doc stamp, lawyer already issue the invoice and i don't see the 50% discount. when i ask, they said need to pay full first then wait for stamping office rebate only can get back, and since only 1 name under loan for a 2 name spa, only entitle for 25% discount.

True. The individual document of title will be issued simultaneously at the time you take vacant possession of the Property. This is in line with the new Strata Management Act.

It's not strange that your solicitor is asking you to pay in full because they are afraid to request the additional sum from you in the event the remission is not granted because every client is superbly sensitive when requested additional payments from them so i understand why your solicitor is do that.

However, I don't think so the reason given by your solicitor is the accurate one. The stamp duty remission statutory declaration (application) is submitted simultaneously with the adjudication of the principal Facilities Agreement which means, during payment, the solicitor will already know how much is due and payable. There is no need to pay the full stamp duty to the stamping authority and then request for the rebate and wait for their reversion.

If what you are conferring here about the percentage is true then your solicitor is wrong in the calculation.

The stamp duty payable on the Memorandum of Transfer and Facilities Agreement is separate and the remission is enforceable in personam. If there is only 1 borrower and that borrower is entitled to apply for the remission then it will be 50% and not 25%. It will only be 25% if there are 2 borrowers and only one person is entitled to apply for the remission.

Either way, if you don't feel comfortable with paying them up front then tell your solicitor that you will settle the stamp duty payable only upon the the assessment notice has been extracted. Ask them to show you the stamp duty payable printed on the assessment notice first before you pay them.

you sir are very well verse, may i know what's your profession?

i wish i can convey those message to the solicitor as clearly as how you put it here. furthermore they usually just send their clerk or assistant to call and deal with me.

i will ask them more about the % on stemp duty exemption.
thanks a bunch!

Hi Sifus,

My new property is almost completed by end of this year and I was told by my friend that I need to pay for the MOT.

However, when I called my agent and he said that I don't have to pay for the MOT as the developer do not apply for it and the S&P is already under my name.

Can someone please advice is this is possible/valid ?

If it is so, not applying for the MOT is it will affect my future transaction like selling off the property ?

I am still new in property purchasing and would like to get some guidance from the knowledgeable.

if you don't pay for your MOT, your title will not be under your name and will be under the master title, when you want to tell ur property later in the future when ur developer might not be here due to bankruptcy or gone edi, you'll have problem selling it.

I wanted to avoid this thing to happen oso as I've already planned of selling it when it appreciated within few years time. What is your advise and how normally people will do?

you must get permission from the developer when you want to sell ur property and tell them that the buyer will borne for the MOT.

In accordance to the Strata Management Act, the individual document of title to the property will be issued simultaneously at the time the purchasers take delivery of vacant possession of the property so I'm assuming that you will fall under the purview of this new Act.

Whether with or without the new Act, the law imposes an obligation for the developer to submit for the issuance of strata titles to the parcels held under master titles so i don't know why your agent gave you inaccurate information. Maybe his choice of word is wrong, probably he meant "not yet" rather than "did not".

Having the MOT completed is essential if the issue document of strata title has been issued because it will then cause the endorsement of your name as the owner on the title and the name of your financier as the chargee.

In respect of your prospect of selling the property to an intended purchaser in the future, if you are lucky, the developer may agree to a direct transfer and in this sense, you can save on paying the stamp duty for your MOT but if the developer don't then you can still do and need to complete your MOT first before proceeding the intended sale and purchase. the time frame for completion may vary depending on whether your property is a leasehold or freehold.

Thanks shaniandras2787, very informative explanation.

Mine is a freehold property, what's your estimate on the time frame for completing the MOT?

Is it feasible/possible for us to request for this MOT from the developer during current stage of construction (under-con) ? Or it is advisable to do it only when there're potential resell happening ? I reckon getting an MOT completed is a time consuming task......

The process from going to your solicitor's firm to sign the relevant documents to presenting same at the land authority for registration is fast, should take about two (2) weeks or so BUT waiting for the extraction of the duly registered issue document of strata title is going to be a pain in the arse.

The extraction time could take up to ten (10) months from the date of presentation for registration.

MOT is only required to be completed if the individual document of title to the property has been issued. Anytime prior to that, not required. So, even if you make a request to the developer now, your request will be denied.

It's very difficult to determine "when" is the right time to complete the MOT because it depends entirely on the individual but take notice that there is law to impose a penalty of between RM1,000.00 to RM10,000.00 if the owner of the parcel fails to complete the MOT within twelve (12) months from the date the developer's letter informing the owner of the issuance of the individual document of title to the Property.

Full Entitlement, 50% MOT stamp duty discount per person.

First property registered under 2 persons.
It will be entitled for 50% less, 25% each.
It only utilize the partial entitlement, 50% from the full entitlement.

Are we able to look for another 50% less stamp duty on our second property which under the same 2 persons from the previous first property.
Fully utilize on the 50% stamp duty per life time per person.

Hihi, any idea on how to check if we have utilised the MOT discount?
The MOT for my first freehold landed property was covered by the developer and notice that it seems quite cheap compared those online calculator, hence i suspect developer used my 50% discount for first house ady... Now I need to pay for my 2nd house, a leasehold service apartment, but not sure whether it had been utilised or not.

The discount is not one time exclusive in personam. It applies to every purchase.

im referring to the MOT instead of the legal fee... any idea where to get more info on this?

Dear all,

I am first time property buyer. Bought a service apartment under construction in August 2015, and the VP is estimated between December 2016 and Feb 2017.

My question is when do I need to pay for the MOT fee from the date of VP? Heard from ppl that new strata act requires the VP to come with the MOT, does this mean we have to pay for the MOT fee during the VP date? I want to know this for some financial planning...hope anyone can help.

This post has been edited by i am number 2: Nov 29 2016, 03:20 PM

better seek for your lawyer advice.

better ready that money earlier and nvr touch it till you have to pay it....

Hi can I know, MOC - how much normally the total legal charges? property price RM400k.

I expected MOT + legal fees can settle already, suddenly need to pay for MOC + legal fee as well.. pening...

MOT lawyer cannot do MOC? Why my MOT lawyer throw the docs back to my loan lawyer? Lawyer took 1 year 8 months to settle the transfer perfection, now still left very short time to settle MOC, if kena penalty can sue the MOT lawyer?

Thanks.

Regarding MOT, some said those launched before the new act come into inforce will still follow the old the strata act, but some said it will still need to new strata act to handover the title once VP.. which one is true?

depends on developer's license for that particular project (APDL), if the APDL issued before the new act enforce, they will follow old act.

The project was launched in 2014, so APDL should be done in 2014 as well? So I guess follow old act if based on ur above statement?

If the AP/DL is issued/approved prior to the effective date of the amended Strata Titles Act then yes, the old law will be applicable. Thus, you need to check with the Developer on when the AP/DL is issued but I doubt you will get any help on this.

Whatever it is, just seek to have the title perfected in your favor as soon as possible rather than estimating how long a period you can delay the perfection.

Yeah, just think of the cash flows timing

Dear all, my strata title finally ready, I received 2 quotation from same solicitor who did my SPA as well as Loan Agreement, namely:
1) Perfection of MOT &
2) Perfection of Charge (MOC)

I would like to know if these particular charges below are reasonable:

Perfection of MOT: (Purchase price 350K)
- MOT legal fee 870
- MOT Registration fee 200
- Land Search fee 50 (still need another land search after SPA?)

Perfection of MOC: (Loan amt 315K)
- Legal fee for Subsidiary instrument - MOC RM800 (how they calculate?)
- Purchase documents from bank/developer - RM250 (no idea what this)
- Stamp duty for MOC - RM40

Hence, in order to sign the MOT, i need to pay a total of RM9300 (MOT 7600 + MOC 1700)...

Appreciate if someone can clarify on the charges listed above Thanks!

This post has been edited by locoroco2: May 7 2017, 10:14 AM

the developer's letter asked me to sign the MOT within 30 days from date of the notice, I am confused as to whether 30 days or 12 months period ?

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 .

The prop I purchased is expected to be completed Q4 this year and there's some chatter on the MOT amongst the owners, my unit is purchased at 720k and loan is 676k...

I was quoted by my SA that the MOT will be 30k+ but I have a few question in my mind as below:

1. Is the amount correct? Is there any updated calculation method except consulting the lawyer?
2. What if I can't pay the MOT? Does that means I can't get the key or?

Hi all,

I bought a condo with SPA price 559,830..

1 - how to calculate my MOT? Can anyone confirm my calculation here?

(MOC im not sure, because solicitor didnt mentioned any about MOC, just mentioned i need to pay MOT. Or you guys think its a must for MOC?

so my calculation for MOT,

SPA - Rm 559,830

Stamp duty:
- 1st 100k (1% x 100k) = Rm1,000
- next 400k (2% x 400k) = Rm8,000
- 500k & above (3% x 59,830) = Rm1,795

Total = Rm10,795

Legal Fee:
- 1st 500k = (1% x 500k) = Rm5,000
- next 500k = (0.8% x 59,830) = Rm479

Total = Rm1,369 (Rm5,479 x 25%) if use same lawyer

So total i need to pay for MOT is = Rm12,165 (Rm10,795 + Rm1,369)

Am i calculating it correctly? Need sifus to endorse my calculation..

Plus, in my case, this is my first house. Am i eligible for 50% discount MOT? Huhu..

This post has been edited by Meta91: Oct 27 2017, 09:05 PM

1. if u got bank loan then it's a must for MOC. generally the MOT will be done by the lawyer who did ur SPA last time and the MOC will be done by the lawyer who did your loan last time.

2. ur MOT calculation for legal fee n stamp duty is correct, but u need to factor in registration fee (differs from state to state) and disbursements which could amount anywhere between 500-1k

3. ur not eligible as the SPA price exceeds the 500k threshold.

This post has been edited by hanhanhan: Oct 30 2017, 12:35 PM

1. MOT stamp duty is RM15,600, legal fees is RM1,690 if u use the same S&P lawyer. disbursements anywhere between 500-1k. THe other thing u may need to pay is MOC (for loan) but that shouldn't be too exp, should be between 2-3k

2. u can still get the key.

Thank you very much for the reply bro, I've contacted the law firm and they told me that they will arrange the process once the key collection is near

Hi Sifu's

Need your expert opinion..below the quotation i got from the lawyer.

Property value: RM450 000 (Subsale)


LEGAL FEES
1. Sale & Purchase Agreement 4,500-00
2. Preparing & Filing of RPGT 200-00

GENERAL EXPENSES
1. Printing & Postage 100-00
2. Travelling 100-00
3. Miscellaneous 50-00

6% GST Tax on RM 4,750-00 285-00

DISBURSEMENTS
1. Stamping :
- Sale & Purchase Agreement 40-00
- Stamp Duty on Memorandum of Transfer 8,000-00



2. Registration :
- Memorandum of Transfer
675-00
3. Land search 40-00
4. Bankruptcy Search
20-00
5. Statutory Declaration 40-00

Is it reasonable?

yes it's reasonable. they missed out charging u a few things consider good enough d (eg legal fee on statutory declaration rm100 per SD, their RPGT also follow old value cos recently increased liao). disbursement also consider cheap.

Hi, I just want to ask about my first home purchase.

Paid booking fee RM 10,000 and then sign SPA immediately, and after that only apply for loan - which is approved and already sign LO.

The sales agent say I get the following:
- Free SPA legal and disbursement
- Free loan legal and stamp duty


So this means the MOC and MOT will have to be paid by me? The project is still undercon.

usually if they dont say then means MOT & MOC charges u need to bear ownself.

Check the discount letter when u sign the S&P - usually developer will have a side letter to confirm what 'free' things u have.

May i know if i wish to transfer my properties to a Sdn Bhd owned by me and my wish. Do i need to pay MOT stamp duty?