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locoroco2
post May 6 2017, 09:24 PM

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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 smile.gif Thanks!

This post has been edited by locoroco2: May 7 2017, 10:14 AM
locoroco2
post May 7 2017, 07:09 PM

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QUOTE(shaniandras2787 @ Jul 14 2016, 11:02 AM)
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.
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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 ?
locoroco2
post May 8 2017, 10:51 AM

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QUOTE(shaniandras2787 @ May 8 2017, 10:28 AM)
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.
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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. notworthy.gif

This post has been edited by locoroco2: May 8 2017, 11:54 AM
locoroco2
post May 8 2017, 03:22 PM

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QUOTE(hanhanhan @ May 8 2017, 02:33 PM)
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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.
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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% ?
locoroco2
post May 8 2017, 10:19 PM

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QUOTE(hanhanhan @ May 8 2017, 04:16 PM)
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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.
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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
locoroco2
post May 8 2017, 10:22 PM

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QUOTE(shaniandras2787 @ May 8 2017, 06:39 PM)
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.
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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...
locoroco2
post May 9 2017, 02:36 PM

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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 ?
locoroco2
post May 12 2017, 03:52 PM

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QUOTE(hanhanhan @ May 11 2017, 02:22 PM)
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look at your initial SPA with the developer. If it says "SCHEDULE G/H" on top then it's under HDA.
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I really appreciate your straightforward answer! thanks bro! thumbsup.gif

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

 

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