either

1. lawyer say sign the booking form now, then wait until title registered under owner name, only sign SPA

2. lawyer say sign SPA first, but wait until title registered under owner name, then only the time for u to pay the balance purchase price start to run (usually 3 months + 1 month extension subject to interest)

either way also can, as long u can lock in ur purchase price now and tie the owner down to sell this property to u.

maybe u misunderstand what ur lawyer say - u must wait for title to be under owner's name first only can transfer to ur name (assuming direct transfer is not allowed).

direct transfer means, from developer name direct to ur name. so the seller/owner save on his stamp duty on MOT (cos skip the 1st transfer to him)

direct transfer is allowed or not ? not fix dy? not set by authority meh?

depends on developer mood.

means this rule specify in s & p between owner and the developer?

it is never specified. ultimately depend on developer mood.

thanks for your information.

The lawyer told me that the owner has already apply the strata title, and is now in progress, so after i sign the s&p, lawyer will still wait the owner to get the strata title first, only proceed with ownership transfer at once? Is this correct? If my assumption is correct, then why i read some posts saying that condo that is still under the master title can be sold to the buyer as well? that is called direct transfer?

This post has been edited by ilovestitch: May 8 2017, 11:44 PM

if the condo still under master title means the developer hasn't subdivide the units yet, no strata title yet
if strata title has been issued and current owner has yet to get the strata title transferred to him/her, and if he/she wants to sell the property, then will need consent from the developer for direct transfer
if the owner has already applied for the strata title and in the midst of obtaining it, then this process has to be completed, no half way
you can put a condition precedent in the s&p - receipt of the copy of strata title duly registered in the name of the seller, so your 3 months will only start after this condition has been fulfilled..
bear in mind your waiting time to get the place will likely cross 3 months (including the waiting time for seller's strata title)
this happened to me all the best

"the obtaining process has to be completed"? From what i know, the seller can cancel the transfer anytime and get the refund to save cost.

I have check with the developer, they indeed allow for direct transfer, my concern is now the owner already found the buyer(me). If he really cancel the transfer of strata title, does the MOT i paid for SNP include the transfer of strata title as well? If this is the case, i dont need to worry even if the current owner cancel the strata transfer?

This post has been edited by ilovestitch: May 9 2017, 08:45 PM

Transferring from master to individual strata title is done by one whole group. It is not possible that the owner want to pull out from doing it. If pull out, then what will happen next time? Who gonna do for you?

Sign and lock the unit at current price. The process will take a long time. Do not share lawyer with the owner. As long as you got your lawyer, you will be on the safe side and also to make sure the owner not pulling out from the deal.

There are people out there who actually hunt for this kind of property to buy. Especially on owner not knowing that their property is in the midst of getting the strata title. End up the deal will be stuck for 1 year for example. Let's say 2018 only settle. Buyer happy cos buying in 2018 at 2017 price. Seller unhappy cos selling in 2018 at 2017 price. Haha.

May i know the direct transfer takes how long? Will it be good to put a clause in SNP said after get the letter from developer only start the 3 + 1 for safety purpose

this is from what I know
because I did called the developer up to ask if they allow direct transfer but was told the seller already in the process of obtaining the strata title

for direct transfer - title transfer from developer to buyer
if seller already obtain strata tile - title transfer from seller to buyer
i supposed the only difference now is the time, for seller to get the strata title, then transfer from seller to you

This post has been edited by yiyi87: May 11 2017, 10:16 AM

yes includes transfer of strata title to YOU.

yes u dont need to worry if current owner cancel the transfer to HIM.

whether he want to do double transfer (transfer from developer to him, then transfer to you) or direct transfer (from developer direct to you) shouldn't be any of your concern.

what u need is to lock in the price by signing the SPA now, and state that the 3+1 start from the date the lawyer receive the title registered in favour of the seller.

if go by way of direct transfer, u can terus start the SPA 3+1 now.

direct transfer means u no need to wait for title to registered under the owner (3-9 months) before the 3+1 can start.

actually if the title is not with the land office yet, u can actually start the SPA 3+1 now also. can do simultaneous transfer (1st MOT from developer to seller, and 2nd MOT from seller to you) at the land office provided that there's no restriction in interest.

Abit out of topic but still related to Strata title, is there a way to check if current strata tile under whose name?
I have no idea who can I go to check with as previously the lawyer who handle my SPA resigned and gone missing.

Or is it automatically transferred to my name after house purchase process completed?

This post has been edited by akky: May 12 2017, 11:36 AM

#1 - u can do land search
#2 - not sure ur Q... are u buying a house? do the house has strata title? if yes. then ya... eventually the strata will be under ur name

sorry bring up old post. same issue here, developer issue owner blanket consent letter. is this letter is half way getting strata title?

Exactly my situation where
1) Leasehold, Starta, Developer very alive, Location Selangor
2) Starta issued, owner nv do perfection of transfer(reason: if want to sell no need do laaaaa)

Now I'm stuck to buy or not
1) If allowed direct transfer, higher cost on me
2) Not allwed direct transfer, so have to do double transfer,pocessing time gonna be very loooooong...

Was told, double transfer only applicable to freehold, leasehold has to wait 1 after another

This post has been edited by areankim: Oct 8 2018, 10:01 AM

1. direct transfer charges is borne by seller, not buyer
2. yes, double transfer only applicable to property without restriction in interest (sekatan kepentingan). doesn't have anything to do with freehold/leasehold.

I think based on Section 22D of housing development act, developer consent is not required.i stand corrected. Thanks