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 Owner and developer lost S&P agreement, How to solve?

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TSfeiming
post Jul 28 2017, 05:34 PM, updated 9y ago

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Property under master title.
Currently owner is not the first buyer.

Both owner and developer lost S&P.
Property has been paid off long ago,bank don't have them.
Previous sales lawyer don't have them.

I was a potential buyer but didn't proceed because of S&P issue.
However,I'm still interested in this property. What can the owner do in order for them to sell the unit?
Ah SiAnG
post Jul 29 2017, 10:40 AM

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Wait for individual/strata title registered in favour of owner before buying?

Doubt you can even get a loan from the bank to finance the purchase in this kind of situation.
oxm8
post Jul 29 2017, 05:43 PM

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how old is the property?
is the developer still active?
TSfeiming
post Jul 30 2017, 01:34 PM

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Is there a way to go court to get a declaration? This can't be the first time such thing happen.

QUOTE(Ah SiAnG @ Jul 29 2017, 10:40 AM)
Wait for individual/strata title registered in favour of owner before buying?

Doubt you can even get a loan from the bank to finance the purchase in this kind of situation.
*
Not yet strata

QUOTE(oxm8 @ Jul 29 2017, 05:43 PM)
how old is the property?
is the developer still active?
*
>20 years. Developer still active. They are in the process to convert to strata title. Probably not for that unit since no one have S&P.

This post has been edited by feiming: Jul 30 2017, 01:38 PM
henrytlh
post Aug 1 2017, 08:20 PM

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QUOTE(feiming @ Jul 30 2017, 01:34 PM)
Is there a way to go court to get a declaration? This can't be the first time such thing happen.
Not yet strata
>20 years. Developer still active. They are in the process to convert to strata title. Probably not for that unit since no one have S&P.
*
You can ask court for declaration assuming the developer still have the details of the owner. The risk will be very high thou, when someone with the S&P suddenly pops out and claim that the land is his.

How many lots of land are you talking about? any development on the piece of land?
hanhanhan
post Aug 3 2017, 04:46 PM

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QUOTE(feiming @ Jul 28 2017, 05:34 PM)
Property under master title.
Currently owner is not the first buyer.

Both owner and developer lost S&P.
Property has been paid off long ago,bank don't have them.
Previous sales lawyer don't have them.

I was a potential buyer but didn't proceed because of S&P issue.
However,I'm still interested in this property. What can the owner do in order for them to sell the unit?
*
does anyone even have a copy of it?

just a photocopy.

if yes then u can lodge police report and do a surat akuan and get developer to certify that as the original.
quasi
post Aug 6 2017, 09:09 PM

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This post has been edited by quasi: Aug 6 2017, 09:10 PM
Hansel
post Oct 8 2017, 06:13 PM

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QUOTE(feiming @ Jul 28 2017, 05:34 PM)
Property under master title.
Currently owner is not the first buyer.

Both owner and developer lost S&P.
Property has been paid off long ago,bank don't have them.
Previous sales lawyer don't have them.

I was a potential buyer but didn't proceed because of S&P issue.
However,I'm still interested in this property. What can the owner do in order for them to sell the unit?
*
Bro,... I handle conveyancing,... just some experiences I had earlier and sharing here,... there is a possibility the party that you are talking to is NOT even the legit owner himself,..since he can't prove the ownership with an S&P.

Secondly,... NO PARTY HAS ANY COUNTERPARTY DOCUMENT to help you stage your claim if you are to purchase this property. Are you going to pay cash to this party you are currently talking to ?

Thirdly - does this property have CF ? If there is a CF,... then,... there is some light,...
hanhanhan
post Oct 9 2017, 02:23 PM

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» Click to show Spoiler - click again to hide... «


very simple, just write in to developer to get letter of confirmation . for residential properties developer has to give u a confirmation (for rm53) on who is the owner etc. they have to keep a record.

for the lost SPA however need to get a photocopy of it, get developer to certify it as the original, lodge police report & surat akuan to say the original SPA has been lost.

if you're paying cash, u still may be able to do it.

if taking loan then good luck- most bank wont finance property w/o strata title after 8-10 years completion.


TSfeiming
post Oct 9 2017, 02:35 PM

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[quote=hanhanhan,Oct 9 2017, 02:23 PM]
» Click to show Spoiler - click again to hide... «


very simple, just write in to developer to get letter of confirmation . for residential properties developer has to give u a confirmation (for rm53) on who is the owner etc. they have to keep a record.

for the lost SPA however need to get a photocopy of it, get developer to certify it as the original, lodge police report & surat akuan to say the original SPA has been lost.

if you're paying cash, u still may be able to do it.

if taking loan then good luck- most bank wont finance property w/o strata title after 8-10 years completion.
*

[/quote]
it's a condo under master title. No one have photocopy, developer also lost their's.
hanhanhan
post Oct 9 2017, 02:51 PM

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find another property to buy haha

 

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