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babylon52281
post Feb 23 2022, 10:19 AM

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Want to ask some clarification. I have my 1st property SPA signed & stamped 2014 and late last year 2021 got the letter to complete MOT&MOC.

My Service Apartment unit details below. Unique is house & carpark have separate agreements ostensibly easier for owners to sell carpark lot only.
Term Loan: RM 463,140 (Unit RM427,140 & Car Park RM 36,000)
Unit SPA Purchase Price: RM 474,600
Car Park Purchase Price: RM 40,000

The problem is, I got quoted by 3 lawyers on the completion and each are referencing different figures. So which is the right one?
Quote A
MOT(POT) & MOC(POC) BOTH based on Term Loan

Quote B
MOT(POT) based on Unit SPA Purchase Price ONLY
MOC(POC) based on Term Loan

Quote C
MOT(POT) based on Unit SPA Purchase + Car Park Purchase
MOC(POC) based on Term Loan

Oso would there be any issue if it were done improperly, ie quoting lowest figure, as I understand the stamp duty based on MOT(POT)?
babylon52281
post Feb 23 2022, 03:51 PM

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QUOTE(mini orchard @ Feb 23 2022, 11:26 AM)
MOT is based on SnP

MOC is based on Loan Agreement

However, legal fees and disbursements may differ from each firm.
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Hi, thanks for the quick reply. So just to confirm SnP means "SPA Purchase + Car Park Purchase" or just the SPA Purchase (house unit only)?
babylon52281
post Feb 23 2022, 04:58 PM

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QUOTE(mini orchard @ Feb 23 2022, 04:10 PM)
In my opinion, it should be for both since bith are transfer of ownership.
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Ahh noted, Tq tq notworthy.gif

Another thing, seeing many conversations of waivers or tax rebates and such for those years purchase before and after mine but since my SPA is signed in Year 2014, I don't suppose I got any waiver or tax rebates, am I rite?
babylon52281
post Feb 23 2022, 05:55 PM

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QUOTE(mini orchard @ Feb 23 2022, 05:08 PM)
During the purchase then, the sales people would have inform you if there is available tax rebates or waiver and your lawyer should have claimed, if you quaified for it.
*
Ahahaha! Nothing was mentioned back when I bought it so I guess not then! Thanks anyway thumbup.gif
babylon52281
post Feb 25 2022, 04:19 PM

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Another thing I want to ask. it is about the payment.

Roughly Im gonna pay Rm 14-16,000 and mostly is due to stamp duties. Are there any easy payment methods pay this off or I really have to pay lump sum to Govt? Are there such things as monthly deductions?
babylon52281
post Mar 10 2022, 04:04 PM

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This tered had been very informative for me. I want to ask on this;
"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."

The comment was put up in earlier pages but Im wonder if this still applicable? The lawyer doing the MOT is from developer and so far their service attitude is more like an unnecessary obligation rather than welcoming my business. Can they refuse if I ask them so?
babylon52281
post Mar 11 2022, 02:05 PM

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QUOTE(mini orchard @ Mar 10 2022, 04:30 PM)
Stamp duty calculation are transparent if the purchase is subject to a payment prior to a transfer.

Buy a bank draft for the amount in favour of LHDN.
*
I see. The thing is, the lawyer quote me lump sum with Stamp duty included in their quotation. So Im not sure if I can pay partially the lawyer fees & whatnot, and then the stamp duty. Never done paying an invoice partially half-half tho.

But let's say I have made the full payment, can I request them for LHDN receipt on that duty? And say if its under the lawyer estimation, can I request refund for the difference or the lawyer will just makan and say "sorry you ady paid, no refunds"?
babylon52281
post Mar 11 2022, 04:37 PM

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Right now they quote me sum of RM 11,800+ of which Rm9,438 is stamp duty alone so that big chunk is what am doubtful the final figure.

Attached Image

Sorry, am a bit paranoid as this is my first property experience and handing over 12k just like that is quite nervous for me. Haha
babylon52281
post Mar 13 2022, 03:55 PM

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QUOTE(mini orchard @ Mar 11 2022, 05:14 PM)
If your SnP is around 510k, the mot fig is around that figure.
*
Ohh.. I see I see... Thanks for reassuring me. thumbsup.gif
babylon52281
post Jan 24 2023, 06:57 PM

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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
babylon52281
post Jan 25 2023, 01:10 AM

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QUOTE(mini orchard @ Jan 24 2023, 11:10 PM)
Your peoperty purchase is leasehold or freehold tenure ?
*
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
babylon52281
post Jan 27 2023, 12:34 AM

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Dang! That was Rm 15k I dumped into this and waiting for nearly a year. Coulda invested that haha.
babylon52281
post Feb 18 2023, 05:18 PM

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Just to update if anyone interested, after a wait of 7.5 months I finally got my strata title.

Not sure if this wait is short or fast or normal, for me its a long wait. Anyhow this could be an indication how long it would that to get ur title from date of MOT & MOC payment.
babylon52281
post Feb 21 2023, 11:41 AM

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QUOTE(hanhanhan @ Feb 20 2023, 03:44 AM)
there are so many factors

1. whether ur property need land office consent
2. whether u took 'bulk quotation' lawyer that charge cheap but work slower
3. which bank ur loan from (most bank treat perfection title with lowest priority so will take 1-2 month for bank to sign)
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1. Property is in Selangor, Freehold, nonbumi, my 1st home. Not sure what else need their extra consent. It did take a month from the time when my lawyer got the MOT to getting approval from land office and getting the strata. But that was just one month...

2. Bulk quotation, is it mean doing it via the developer & loan law firms? Yup I used both to get full % lawyer fee discount. But up to half a year?

3. Maybank, so I dunno is this a slow bank or fast bank... but loans do go thru very fast. I had property & car loans with them, credit cards, Lazada installment plan, FDs, some investments, basically a very well tied up customer haha.

Still what should be the average waiting time for MOT til get strata?

This post has been edited by babylon52281: Feb 21 2023, 11:43 AM
babylon52281
post Feb 23 2023, 11:55 PM

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QUOTE(hanhanhan @ Feb 22 2023, 12:50 AM)
if ur case,

3 month is consider fast/normal. maybank usually take 1-1.5month to sign the docs (actually for POT & POC almost all bank take a month to sign, because low priority), depending got ppl follow up with them or not.

6 month is nobody chase or follow up/ normal for big firms.

if use back developer firm usually slow. u need to understand perfection of transfer & charge is the lowest priority files in law firm and bank because there is no real due date for POT & POC, as opposed to ongoing subsale transaction.

legal fees for POT & POC add up at most wont exceed 2k (depending on ur S&P price la). they rather spend their resources doing cases that earn 5k (eg new S&P/loan/subsale).
*
Thanks for sharing, this experience is an eyeopener for 1st time property owner like me. That was a decision I prolly should have went to a 3rd party lawyer that will have prioritise my case but then i would lose out on the lawyer fee discount. Something to ponder.
babylon52281
post Feb 24 2023, 08:33 AM

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QUOTE(hanhanhan @ Feb 24 2023, 12:09 AM)
tbh alot 3rd party lawyer charge the same as ur lawyer. see whether they want or not only.
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Really? From what I understand the info I gathered from internet, the legal limit for full discount is only given to the firms involved directly with the loans; so either developer or bank lawyers. For 3rd party they are legally only allowed to give max 75% discount or something like that.
babylon52281
post Feb 27 2023, 09:13 AM

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QUOTE(hanhanhan @ Feb 24 2023, 08:43 AM)
yea tapi boleh bawa bincang hahahaha.
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I see I see haha biggrin.gif Good tip maybe next time I will try that icon_idea.gif

 

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