I have decided to go for a subsale condo unit. Current owner has made the strata title registration, and is currently in progress (According to the lawyer).

What i heard from lawyer:

1. Strata title registration usually take 2 to 3 months
2. After the strata title successfully transferred to owner's name (probably after i have signed the S & P), they will proceed to make a transfer to be under my name, and this service has been charged as legal fee.

My concern:
After i have signed the S & P, and has paid all the fees to lawyer, will the lawyer still bother to help me transfer the strata title? or will they delay or hanky panky, as payment dy received by them?

This post has been edited by ilovestitch: May 6 2017, 10:42 PM

was the lawyer hired by you ? I would presume so since you are the buyer..

to a certain degree you have to trust the lawyer to do the job for you that is why its essential you get a reliable one.

Are you taking a loan? if you are , its probably "safer" that way as the bank will ensure all documentation are in order before disbursement.

Ok, thanks

You mean the condo is still under master title and now in the process of getting the strata title?

If yes, then you are in luck. Well, unless you really want to get the unit ASAP.

but i have already pay the legal fee all that, which suppose to include helping me to transfer the title. if in the end (after i signed the s & p) , i realize that the title is not transfered to my name, i can make a complain is it?

1 more question,

If the lawyer did not help to transfer the title under my name in the end, and i have already sign the S & P, means property under my name, but title under current owner name?

This post has been edited by ilovestitch: May 8 2017, 02:23 PM

u sign the S&P doesnt mean property under ur name..

u need to fulfill the T&C in the SPA = payment of purchase price

once u paid full purchase price, then only the lawyer will go and do the title transfer to your name.

what ur lawyer said is correct, strata title sometimes 2-3 months and some places up to 6-9 months.

once u paid ur balance purchase price, ask the lawyer to give u a copy of the presentation receipt (which evidences the lawyer submitting the title to land office to transfer to ur name). From that presentation receipt u should be able to track the progress online. If the lawyer doesn't do that u can lodge report at bar council (of course u need to give the lawyer approx 1-2wks to go and do the registration la).

Have you signed the SPA to buy the unit yet?

I'd suggest you sign the SPA now to secure the unit. Dont later after the title issued, then the seller found another buyer willing to pay more, then u rugi.

Ask ur lawyer to do up the SPA to mention that the 3 months to pay balance purchase price start from the date the purchaser lawyer receives a copy of the strata title duly registered under the vendor (seller)'s name.

"once u paid ur balance purchase price", means 10% downpayment + lawyer fee?

100% + lawyer fee, stamp duty, disbursements

u mean bank pay the other 90% + lawyer fee (my own pocket). is it?

Bro, you lock in at today pricing. Current price.

I tell you the seller is the one rugi at the moment. Normally property with strata title will get a price jump. You better lock it.

And no. It wont be so easy settle within 2-3 months. Can be 6 months to 1 year long. But as I mention above, you are paying nothing yet on the loan repayment during all those waiting period.

Yes, property not able to change hand at this moment. So all you have to do is wait for the strata title to be issued.

You are buying now but start paying next year with a possible price increase. It's best that you find legal ways so that the owner not able to back up from selling now.

the lawyer will only do the title transfer to your name after the whole purchase price has been paid to the lawyer as stakeholder

eg property price is 500k

the whole 500k (whether from ur pocket or from ur bank loan) must be paid to the lawyer as stakeholder

AND u must pay the lawyer legal fees and stamp duty

THEN ONLY he will do the title transfer to u.

why would you think after u pay deposit the lawyer must transfer title to you? u're not yet the owner of the property until u pay the whole purchase price ma.

i mean the strata title dy publish by land office, and owner has submitted the registration, and the registration is in progress now.

yes i know, my main point is let say I have signed the S & P and pay all what i need to pay. and lawyer need to start his job to process the S & P dy, but during that time, the current strata title registration (by the current owner) is still in progress (I assume the processing of S&P can be completed before the current pending strata title acquisition), Do i need to pay another MOT for strata title ownership transfer to my name.

i guess you're missing the point here.

even if title is pending registration in owner's name, u can still sign the SPA with the owner to lock in the price first. check with ur lawyer they confirm will know.

1. pay all u need to pay = pls elaborate

2. what do u mean by 'processing of S&P can be completed"

if ur concerned whether u need to pay additional legal fees for preparing the MOT, then no. the legal fees they charge u for preparing SPA does include preparing the MOT as well.

just to put it simply:-

1. sign SPA with owner now. pay 10% deposit.

2. wait for title to extract registered in name of seller

3. once title issued in name of seller, ur time to pay the balance 90% starts to run

4. pay ur balance 90% (whether by loan or cash) PLUS lawyer's legal fees for SPA and stamp duty for MOT

5. once 100% purchase price is with the lawyer, the lawyer will then go and do the title transfer to you.

1. 100 % + lawyer fee
2. Transfer property ownership

From my understanding,

Example:
1. Like the case of current owner, he need to get the strata title, he needs pay MOT.
2. Like my case, i need to pay MOT to transfer the ownership of the property.

So MOT need to be paid when:
1. u want to transfer property ownership
2. or change title from master to strata

Let say:
MOT dy paid, lawyer dy done his job to transfer the property ownership to myself. Later strata title acquisition success (but under owner name, cos owner register one).
Then i need to pay a fee to transfer the strata title which is currently under the owner name to become my name?

I am not sure if my understanding is correct, pls englighten me if i am wrong. Thanks

This post has been edited by ilovestitch: May 8 2017, 03:02 PM

you're making me confused as well. the bolded parts are my explanation, hope it helps.

Example:
1. Like the case of current owner, he need to get the strata title, he needs pay stamp duty to transfer the title from developer to him
2. Like my case, i need to pay stamp duty on the MOT to transfer the ownership of the property from the owner's name to your name.

So MOT need to be paid when:
1. u want to transfer property ownership. YES
2. or change title from master to strata (technically change title from master to strata IS a transfer property ownership same like #1)

Let say:
MOT dy paid, lawyer must get the title transferred to the seller/owner's name first. Once title is extracted from land office with the seller/owner's name written there, then only can do the 2nd transfer (yes u pay the stamp duty on the MOT, but there shouldn't be a separate 'legal fee' chargeable on preparing the MOT if you use the same SPA lawyer lah) - to transfer to your name as the purchaser, provided that you have paid the seller the full purchase price.

This post has been edited by hanhanhan: May 8 2017, 04:24 PM

I understand what u mean now, but what makes me confuse is the lawyer said i can request to put a sentence there say, once the strata title has been received, only process or something. (but the seller must consent on this)

But it seems like it is a must to get strata title first before transfer ownership to my name (Based on what u r explaining here). But from what the lawyer said, it seems like a choice (up to me) whether to wait for seller to get the strata title first. (Based upon ur explaination to me it is a MUST). Really confusing here