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

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

Developer
1st buyer = current owner
2nd buyer = new buyer

As my understanding,
Direct transfer if developer allow, is from developer can transfer name direct to 2nd buyer. So indirectly the 1st buyer save up the MOT cost.
Double transfer (if developer doesnt allow direct transfer), is need to complete the strata title perfection process from developer to 1st buyer. Then after that from 1st buyer to 2nd buyer.

Applicable to freehold and leasehold property. Same scenario as above.

Is that right?

Yes correct.

The general misconception is freehold = no need consent, leasehold = need consent

What u should look for is restriction in interest /sekatan kepentingan. If there is, then need consent.

Some freehold got sekatan, some leasehold don't have.

Hi, would like to clarify case scenario as below:

Freehold no restriction unit (medium cost apartment)
Strata issue but owner did not perform perfection yet

This required consent from developer to do direct transfer?
If developer not agree, then have to do double transfer,
from developer to first owner,
and then from first owner to new buyer.
Is that correct? Even for freehold property.

The only different is no need to request consent from the local authority (as compare to if this unit is leasehold).
Wandering is my understanding correct.
Thank you.

any direct transfer requests require consent from developer.

this is because developer's obligation is to transfer the title to the current owner in their records. they have no duty to 'help the current owner save stamp duty' to transfer direct to the new buyer. if the developer do so, it's entirely at their discretion.

so first part of ur question - yes. if developer dont agree then have to do double transfer. however i'd reword your statement as follows:-

what i actually want to explain is like this:-

freehold - land is yours forever

leasehold - u lease the land from the state for X number of years.

restriction in interest (sekatan kepentingan) - it will state whether u need to apply state consent to transfer/charge/lease the land. if you wanna see the title need to apply consent or not, u need to see this section (sekatan kepentingan/restriction in interest) , and not whether the land is freehold/leasehold.

'generally' freehold land dont have restriction, and leasehold land got restriction.

but this is not 100% foolproof as there are also many freehold land with restriction and leasehold land without restriction as well.

developer consent for direct transfer is required when strata title has been issued but not yet perfected under the name of seller.

can may opt for double transfer if you do not wish to pay developer consent fees for direct transfer, it will take hefty time and costs just to perfect your transfer and charge from developer to the seller, then seller to purchaser again .

Hi, i have some question for transfer of title for sub sale property under master title.

If the property is still under master title, i have signed the s&p but how is the process for transfer of strata title to me when it is finally obtained? when do i start to pay for my loan installment?

Sorry for reviving an old thread. Can you share how to check the presentation progress online with the presentation receipt? What details are required?