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 Is SPA stamp duty = MoT fee?

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TSdevil86
post Feb 16 2016, 01:27 PM, updated 10y ago

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As per title, is the stamp duty of SPA = MoT fee? I'm thinking to buy a newly developed condo, and would like to do some calculation.

If I have paid the down payment, stamp duty and legal fee for SPA and loan agreement, is there any other fee that I would need to pay for the condo until VP?

Thank u.
shaniandras2787
post Feb 16 2016, 02:57 PM

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QUOTE(devil86 @ Feb 16 2016, 01:27 PM)
As per title, is the stamp duty of SPA = MoT fee? I'm thinking to buy a newly developed condo, and would like to do some calculation.

If I have paid the down payment, stamp duty and legal fee for SPA and loan agreement, is there any other fee that I would need to pay for the condo until VP?

Thank u.
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No.

Stamp duties on SPA (Sale and Purchase Agreement) is different from stamp duty on MOT (Memorandum of Transfer). The stamp duty for SPA will only costs RM10.00 for each copy whereas the stamp duty payable on the MOT will depend on your purchase price.

You need to check with the solicitors who attended to your SPA and the loan agreements in respect of their disbursements. Other than that, you'll most probably just need to pay the administration charges by your bank.
MsYoppyStar
post Feb 28 2016, 08:04 PM

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May I knw SAP & Loan Agreement for government stamping took how long?
shaniandras2787
post Feb 29 2016, 10:20 AM

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QUOTE(MsYoppyStar @ Feb 28 2016, 08:04 PM)
May I knw SAP & Loan Agreement for government stamping took how long?
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The stamping of Sale and Purchase Agreement can be done immediately because it's for nominal stamp duties only.

The Principal Loan Agreement (ie. Facilities Agreement) would take slightly longer, probably between 1 to 2 weeks from the date your solicitors submit same for adjudication to determine the stamp duty payable. You can get your estimation by doing the following simple equation:-

Loan Amount (minus MRTA, legal fees etc) x 0.5%
MsYoppyStar
post Feb 29 2016, 06:23 PM

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QUOTE(shaniandras2787 @ Feb 29 2016, 10:20 AM)
The stamping of Sale and Purchase Agreement can be done immediately because it's for nominal stamp duties only.

The Principal Loan Agreement (ie. Facilities Agreement) would take slightly longer, probably between 1 to 2 weeks from the date your solicitors submit same for adjudication to determine the stamp duty payable. You can get your estimation by doing the following simple equation:-

Loan Amount (minus MRTA, legal fees etc) x 0.5%
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What if Lawyer drag me 3months and told tat pending for government stamping for this loan agreement documents? >.<
shaniandras2787
post Feb 29 2016, 06:25 PM

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QUOTE(MsYoppyStar @ Feb 29 2016, 06:23 PM)
What if Lawyer drag me 3months and told tat pending for government stamping for this loan agreement documents? >.<
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I don't think the stamping office will require 3 months to stamp any types of documents. Ask deeper and get the exact reasons why they require 3 months.
MsYoppyStar
post Mar 1 2016, 01:29 AM

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QUOTE(shaniandras2787 @ Feb 29 2016, 06:25 PM)
I don't think the stamping office will require 3 months to stamp any types of documents. Ask deeper and get the exact reasons why they require 3 months.
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The lawyer said waiting for stamping ><
shaniandras2787
post Mar 1 2016, 09:13 AM

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QUOTE(MsYoppyStar @ Mar 1 2016, 01:29 AM)
The lawyer said waiting for stamping ><
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Ask the solicitor when was the document submitted for adjudication and then request for a copy of the "Adjudication Notice". They can't lie about that date.
MsYoppyStar
post Mar 1 2016, 10:27 AM

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QUOTE(shaniandras2787 @ Mar 1 2016, 09:13 AM)
Ask the solicitor when was the document submitted for adjudication and then request for a copy of the "Adjudication Notice". They can't lie about that date.
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Thanks alot. I may ask smile.gif
bobtiang
post Mar 2 2016, 01:59 PM

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may i add a question of SPA please ?
what is the different between SPA date and SPA execution date?

i went through an article saying that VP for condo unit is 36months from date of SPA (which is different from SPA execution date).
shaniandras2787
post Mar 2 2016, 02:25 PM

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QUOTE(bobtiang @ Mar 2 2016, 01:59 PM)
may i add a question of SPA please ?
what is the different between SPA date and SPA execution date?

i went through an article saying that VP for condo unit is 36months from date of SPA (which is different from SPA execution date).
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It's just terminology. Usually means the same thing.

SPA ("Sale and Purchase Agreement") date means the date in which was endorsed on the front page of the agreement whereas SPA execution date is the date in which you actually signed the agreement. Technically, there is no real purpose in distinguishing these 2 because for practical purposes, solicitors usually date the agreement on the date they send the agreement for stamping.

The only possible scenario in which the execution date will come into question is if the person signing the agreement is not in the country. For example, James return to Malaysia on 1/01/16 and signs the agreement and thereafter left for England on the 3/02/2016. In this sense, agreement cannot be dated 3/02/2016 but because James cannot possibly sign the agreement in Malaysia on 3/02/2016 when he's physically in England.

The solicitors attesting the agreement will also be in big trouble for malpractice.
bobtiang
post Mar 2 2016, 02:31 PM

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thanks for the info friend.
but in the case of VP issuance, 36months from SPA date.
what if different buyer sign the SPA on different date?
because the condo i am buying have not been getting APDL until recently but according to developer, there are buyer who already signed the SPA back in early of 2015.
shaniandras2787
post Mar 2 2016, 03:19 PM

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QUOTE(bobtiang @ Mar 2 2016, 02:31 PM)
thanks for the info friend.
but in the case of VP issuance, 36months from SPA date.
what if different buyer sign the SPA on different date?
because the condo i am buying have not been getting APDL until recently but according to developer, there are buyer who already signed the SPA back in early of 2015.
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The period to deliver vacant possession is already determined by the standard sale and purchase agreement prescribed by HDA (either Schedule H or Schedule G), 36 months for high rise and 24 months for landed both commencing from the date of the sale and purchase agreement, not the execution date.

If you sign the agreement in 2016 then the last date for the developer to deliver the property to you will be in 2019. If Ali sign the agreement in 2019 then the last date for the developer to deliver the property to you will be in 2012. I know at this juncture, it may seem to you like it's better to sign early than late but putting in practice. Once the first sale and purchase agreement is signed, the developer will have to start work regardless whether the other units are sold. This is why sometimes you see abandoned project.

It's a norm that developer wants purchasers to sign the sale and purchase agreement pending their AP/DL but if you noticed, these agreements are neither dated or stamped. They will only be submitted for stamping after the AP/DL is approved.

So, you can sign the agreement back in 1999 but the time to deliver vacant possession will not commence. It will only start from the date of the agreement and if the developer obtains the AP/DL in 2010 then the time to deliver vacant possession will fall in 2013.
bobtiang
post Mar 2 2016, 03:27 PM

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ahh... that explained why the developer lawyer stop calling me when I said i want to wait for the AP/DL.

speaking about that, is AP/DL a cert or some paper that i can demand to see/verify from lawyer or developer office?
because last i check from gov. site (http://idaman2.kpkt.gov.my:8888/idv5/98_eHome/carianPemaju.cfm)
the project i am buying is not there but lawyer said already got AP/DL.
shaniandras2787
post Mar 2 2016, 05:36 PM

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QUOTE(bobtiang @ Mar 2 2016, 03:27 PM)
ahh... that explained why the developer lawyer stop calling me when I said i want to wait for the AP/DL.

speaking about that, is AP/DL a cert or some paper that i can demand to see/verify from lawyer or developer office?
because last i check from gov. site (http://idaman2.kpkt.gov.my:8888/idv5/98_eHome/carianPemaju.cfm)
the project i am buying is not there but lawyer said already got AP/DL.
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AP/DL means "Advertisement Permit / Developer's License". Without these 2 issued by the relevant government authority, the developer basically cannot commence work on the project. These 2 are issued under the relevant authority's letterhead and if you request same directly from the developer then you are entitled to it or you may try getting it from your solicitors.

Either way, the serial number for the AP/DL would have been reflected on the first page of the Sale and Purchase Agreement.


starry2night
post Mar 14 2016, 09:44 AM

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May I know what fees I need to pay when I collect the Keys from developer? Is it the same as VP? (sorry I am a new house owner).

My second question is, can I still buy MLTA even I did not commit when i first bought the house.

Thank you in advance. confused.gif

 

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