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.

100% + lawyer fee, stamp duty, disbursements

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 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.

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

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)

depends on developer mood.

it is never specified. ultimately depend on developer mood.

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.

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.

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.

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.