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TShackwire
post Apr 17 2007, 10:22 PM, updated 19y ago

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Can an owner sell out his property the moment he receive the Key to his unit. I have seen many owners selling their property the moment they receive their key.

Is it legal to do that? Many real estate agents are displaying their signages in the property that is not even a year yet or the settlement of strata title to the individual.

i thought gomen discourage people from buying than sell in less than 3 or 5 years property?
mIssfROGY
post Apr 18 2007, 12:47 AM

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can...u can even sell the very next day u bought the property if u wan.
strata title or individual title can take a long time to get sometimes depending on developers. If they sell be4 strata title is out better la...coz the transfer title cost a bomb! Btw....the gomen oredi canx the property tax mer.....
??!!
post Apr 18 2007, 02:06 PM

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Govt trying to move transaction in the real estate. That's why they exempt Real Property Gains Tax
ronnie
post Apr 18 2007, 02:10 PM

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You mean after strata title is recieve, there's a high transfer fee ??
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post Apr 18 2007, 04:56 PM

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For residential unit, the law now says admin charge is ltd to RM500 only
mIssfROGY
post Apr 18 2007, 05:25 PM

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QUOTE(ronnie @ Apr 18 2007, 02:10 PM)
You mean after strata title is recieve, there's a high transfer fee ??
*
ya...high stamp duty to be paid more like it.....but depending on the cost of your house. The higher the cost, the higher the stamp duty.

scorgio
post Apr 18 2007, 05:26 PM

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QUOTE(hackwire @ Apr 17 2007, 10:22 PM)
Can an owner sell out his property the moment he receive the Key to his unit. I have seen many owners selling their property the moment they receive their key.

Is it legal to do that? Many real estate agents are displaying their signages in the property that is not even a year yet or the settlement of strata title to the individual.

i thought gomen discourage people from buying than sell in less than 3 or 5 years property?
*
The RPGT's main aim was to curb property speculation.
But it also make investors think twice b4 signing their cheques.

Now, in order to push sales (due to overbuilt), the Govt lifted RPGT. Hoping that would stimulate the property market.

Whether property sales would push forward? I don't know. But share prices of property companies jumped quite a huge margin since the announcement.

Note: When there's property transaction, the Govt benefit from the stamp duty collection (on Agreements & Transfer).
TShackwire
post Apr 20 2007, 12:57 PM

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Are you sure that owner can sell the unit without Strata titile approval. Its illegal am i right ?I read somewhere in a book that its illegal leh?
mIssfROGY
post Apr 20 2007, 03:26 PM

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Yes can sell la. U can buy and sell on the spot also if u wan and its not illegal. But u must get consent from the developer when u sell. Btw..strata title is meant for condos/apartments. For landed properties, its called individual title, correct me if wrong.
aaronpang
post Apr 20 2007, 03:45 PM

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QUOTE(mIssfROGY @ Apr 20 2007, 03:26 PM)
Yes can sell la. U can buy and sell on the spot also if u wan and its not illegal. But u must get consent from the developer when u sell. Btw..strata title is meant for condos/apartments. For landed properties, its called individual title, correct me if wrong.
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Have to be careful coz I heard some developers charge ahem ahem... processing fees to grant this approval mad.gif

On the other hand if you have your individual strata title you don't need such ahem ahem... processing fees tongue.gif
mIssfROGY
post Apr 20 2007, 04:11 PM

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QUOTE(aaronpang @ Apr 20 2007, 03:45 PM)
Have to be careful coz I heard some developers charge ahem ahem... processing fees to grant this approval  mad.gif

On the other hand if you have your individual strata title you don't need such ahem ahem... processing fees  tongue.gif
*
not some....its all also will charge. Its a consent fees.
If u r planning to sell be4 your title, its better to pay the fees than getting the title 1st becos the title is gonna cost u a bomb. DUnno about u guys....but if i get my title now, its gonna cost me an extra rm7k for the stamp duty. So i hold the transfer 1st becoz i wanna sell off my place 1st. Someone told me if havent get the title yet, need to pay up to 1% of the house sale price, but my agent told me i only need to pay rm500 to the developer for their consent. But either way.....its cheaper than getting my title 1st if i sell the house.

Hmm...anyone know if its a 1% or a RM500 if sell house be4 getting the title?
aaronpang
post Apr 20 2007, 04:31 PM

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QUOTE(mIssfROGY @ Apr 20 2007, 04:11 PM)
not some....its all also will charge. Its a consent fees.
If u r planning to sell be4 your title, its better to pay the fees than getting the title 1st becos the title is gonna cost u a bomb. DUnno about u guys....but if i get my title now, its gonna cost me an extra rm7k for the stamp duty. So i hold the transfer 1st becoz i wanna sell off my place 1st. Someone told me if havent get the title yet, need to pay up to 1% of the house sale price, but my agent told me i only need to pay rm500 to the developer for their consent. But either way.....its cheaper than getting my title 1st if i sell the house.

Hmm...anyone know if its a 1% or a RM500 if sell house be4 getting the title?
*
I stand corrected all developers will charge a processing fee...

Wouldn't getting the strata title issued for your unit contribute to better pricing in the secondary market...? Just asking here...

As opposed to not having a strata title... but I still feel its unjust to pay developers because its the reason why some unscrupulous developers delay in getting the strata title so they can profit from collecting approval fees...

Anyway if it was me I'd refused to pay on principal... but then if it's me in the first place I'd usually avoid buying a high-rise... sweat.gif

This post has been edited by aaronpang: Apr 20 2007, 04:33 PM
mIssfROGY
post Apr 20 2007, 05:01 PM

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QUOTE(aaronpang @ Apr 20 2007, 04:31 PM)
I stand corrected all developers will charge a processing fee...

Wouldn't getting the strata title issued for your unit contribute to better pricing in the secondary market...? Just asking here...

As opposed to not having a strata title... but I still feel its unjust to pay developers because its the reason why some unscrupulous developers delay in getting the strata title so they can profit from collecting approval fees...

Anyway if it was me I'd refused to pay on principal... but then if it's me in the first place I'd usually avoid buying a high-rise... sweat.gif
*
haha...tat highrise i am staying ler. I choose highrise coz i wanted to stay in one laugh.gif I am refering to another house for this. The ind title doesnt make any difference on the value of the house as the price is very much fixed....so getting the transfer will only burden me. But for other houses, i would have to agree wif u.
scorgio
post Apr 20 2007, 08:07 PM

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To my understanding, property with strata title would fetch a higher selling price compared to similar property at similar location without strata.

Anyway, sheepskin originate from the sheep itself.

This post has been edited by scorgio: Apr 20 2007, 08:07 PM
stargate
post Apr 20 2007, 10:05 PM

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Nothing wrong with selling property without strata title. I know some of the properties after 8 years still doesn't have strata title! Like what the others have said here, you only need to get developer consent.
TShackwire
post Apr 20 2007, 10:54 PM

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Why we need to get Developer consent and pay them Processing Fee? Did anybody ask why? We bought the property and we have to ask them whether we can or cannot sell off the property? What kind of LAW is this. what sort of Processing Fee are we talking here? Does it cost so much to prepare simple document? Why RM 500 or 1 percent.. Do we have to pay a limo service to fetch the Director to give a consent signature ?

This post has been edited by hackwire: Apr 20 2007, 10:55 PM
mIssfROGY
post Apr 21 2007, 12:54 AM

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hahah...coz without the title, its under the developer master title loo...u duwan to pay them the consent fees, they duwan to agree to u selling yer property loo....afterall, the title is still under them. Something like tat la....i guess only.....hahaha..tongue.gif


scorgio
post Apr 21 2007, 01:16 AM

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QUOTE(stargate @ Apr 20 2007, 10:05 PM)
Nothing wrong with selling property without strata title. I know some of the properties after 8 years still doesn't have strata title! Like what the others have said here, you only need to get developer consent.
*
Strata usually take 10 years.
That's the kind of efficiency our land office & govt agencies possess.
??!!
post Apr 21 2007, 01:56 PM

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QUOTE(hackwire @ Apr 20 2007, 10:54 PM)
Why we need to get Developer consent and pay them Processing Fee? Did anybody ask why? We bought the property and we have to ask them whether we can or cannot sell off the property? What kind of LAW is this. what sort of Processing Fee are we talking here? Does it cost so much to prepare simple document? Why RM 500 or 1 percent.. Do we have to pay a limo service to fetch the Director to give a  consent signature ?
*
Before ST is issued, the developer has to keep the register of ownership of the individual parcels. In a way, they are like doing the job of the land office in the interim. It's an onerous duty to ensure that the actual ownership are properly recorded and registered. Better be careful if the developer chin chai allow transfer of ownership...just imagine the mess and the risks involved if you're the parcel owner.

Anyway, previously, there's no std amount that developer can charge for this function. Then the amendment came and limit the amount to RM500. (for residential units only) .With the recent amendement to the Housing Act wef 12/4/07, consent from developer is no longer required...so can save the RM500. There is a $100 charge for confirmation and stuff like that which you will still need from the developer.

My view is that buyers have to exercise more caution now, as we have to ensure our interest is properly registered. Truth is, developers are very happy to be free of this function ,,,they are not bothered with the $500 fees.

This post has been edited by ??!!: Apr 21 2007, 02:01 PM
mIssfROGY
post Apr 21 2007, 04:08 PM

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QUOTE(??!! @ Apr 21 2007, 01:56 PM)
Before ST is issued, the developer has to keep the register of ownership of the individual parcels. In a way, they are like doing the job of the land office in the interim. It's an onerous duty to ensure that the actual ownership are properly recorded and registered. Better be careful if the developer chin chai allow transfer of ownership...just imagine the mess and the risks involved if you're the parcel owner.

Anyway, previously, there's no std amount that developer can charge for this function. Then the amendment came and limit the amount to RM500. (for residential units only) .With the recent amendement to the Housing Act wef 12/4/07, consent from developer is no longer required...so can save the RM500. There is a $100 charge for confirmation and stuff like that which you will still need from the developer.

My view is that buyers have to exercise more caution now, as we have to ensure our interest is properly registered. Truth is, developers are very happy to be free of this function ,,,they are not bothered with the $500 fees.
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Thanks for the explanation notworthy.gif
Now i know y..... thumbup.gif

TShackwire
post Apr 22 2007, 10:24 AM

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Is country like Australia or america having the same rules like us? Our law sound so complicated after all.

that's mean we better keep the SPA in a safe deposit box, once lost than trouble will come..


VPNprovider
post Jun 11 2007, 10:48 PM

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I need to ask...can I appoint a law firm besides the firm appointed by the developer..for transfer of strata title? If can...how much does it normally cost?
vin_ann
post Jun 11 2007, 10:56 PM

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i come across that a lawyer firm is to safekeeping for the land title, whose know the firm lost it...
and the owner can not sell off the land...
so he sue the firm for lost of land title.... there also mention that to replace a land title will takes about 1 year time...



mIssfROGY
post Jun 12 2007, 12:16 AM

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QUOTE(VPNprovider @ Jun 11 2007, 10:48 PM)
I need to ask...can I appoint a law firm besides the firm appointed by the developer..for transfer of strata title? If can...how much does it normally cost?
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it depends on how much your house cost. Will be few Ksss

VPNprovider
post Jun 12 2007, 12:17 AM

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QUOTE(mIssfROGY @ Jun 12 2007, 12:16 AM)
it depends on how much your house cost. Will be few Ksss
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meaning i dun wan the appointed lawyers to do for me...instead hire someone outside to do.
mIssfROGY
post Jun 12 2007, 12:32 AM

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QUOTE(VPNprovider @ Jun 12 2007, 12:17 AM)
meaning i dun wan the appointed lawyers to do for me...instead hire someone outside to do.
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y not? the bulk of the price comes from the stamp duty and not the lawyers....lawyers will charge u abit only for their admin fees.
VPNprovider
post Jun 12 2007, 12:33 AM

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QUOTE(mIssfROGY @ Jun 12 2007, 12:32 AM)
y not? the bulk of the price comes from the stamp duty and not the lawyers....lawyers will charge u abit only for their admin fees.
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Ic. thanks alot. smile.gif
gtoforce
post Jun 12 2007, 12:35 AM

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QUOTE(hackwire @ Apr 22 2007, 10:24 AM)
Is country like Australia or america having the same rules like us? Our law sound so complicated after all.

that's mean we better keep the SPA in a safe deposit box, once lost than trouble will come..
*
wow...safe box is also not safe...
SPA better make few copies...cuz if lost or anything...can still bring those as circumstantial evidence in case of caveat...

QUOTE(mIssfROGY @ Jun 12 2007, 12:32 AM)
y not? the bulk of the price comes from the stamp duty and not the lawyers....lawyers will charge u abit only for their admin fees.
*
handling SPA and strata title not much...i saw these stuffs already...
stamp duty also not that mahal la...depends on what kind of form usually...
just hire law firm la...then u know what u're up to...
plus, its a lot easier...they'll handle the commissioner for oath yada yada...haha
kuya
post Nov 15 2007, 10:38 AM

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Can someone explain what is strata title all about?

This post has been edited by kuya: Nov 15 2007, 10:52 AM
b00n
post Nov 15 2007, 11:33 AM

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QUOTE(kuya @ Nov 15 2007, 10:38 AM)
Can someone explain what is strata title all about?
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from uncle google: http://www.google.com/search?client=firefo...G=Google+Search

kuya
post Nov 15 2007, 12:03 PM

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okie.. it means that we own properties. so, what can we do with this title? how does it effect us as an owner of the properties?
cuebiz
post Nov 15 2007, 09:53 PM

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Most banks will not loan $$$ if the completed properties don't have a title after a certain period of time. If you are thinking to sale the property, then you may want to find buyer that pay in cash.
keith_hjinhoh
post Nov 15 2007, 10:00 PM

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Since you guyz already discuss this topic, i've a question about my property which is a shoplot located @ pandan indah. The developer of this property is Talam Corporation. This developer from my information, we didnt have the garan (is that so called strata title?), now and then, we've been paying yearly a sum of money for street keeping and etc, this is what we knew, and this is stated in our S&P as well. I was thinking is this legal? Is there anyway we can get the strata title(or garan)? without the consent of developer? Damn they take donkey years to get it.. or they refuse to get it because they can keep on charging fees on us!!!


Added on November 15, 2007, 10:03 pmoh ya, FYI, they even employ lawyer to sue us because delay payment for 3 months... WTF!

This post has been edited by keith_hjinhoh: Nov 15 2007, 10:03 PM
TShackwire
post Nov 21 2007, 12:26 AM

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i dont believe this company when comes to account, they can create a cosmetic account for show only. they even use their own auditor. you better sell your unit now b4 more money is lose later.

they are not in the hurry to do strata title. your weakness is that you all dont have a strong committe yet because all of you were busy making profits. this is the malaysian attitude. everything wait until something happen than regret .

stated in the s&P means you must pay. on the other part, the Housing Board also requires the Developer to apply for strata in 6 months otherwise the can end up in court too. but nobody care mah.. the developer dont worry lo.

This post has been edited by hackwire: Nov 21 2007, 12:30 AM
SowYau
post Nov 26 2007, 10:49 PM

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QUOTE(??!! @ Apr 21 2007, 01:56 PM)
Before ST is issued, the developer has to keep the register of ownership of the individual parcels. In a way, they are like doing the job of the land office in the interim. It's an onerous duty to ensure that the actual ownership are properly recorded and registered. Better be careful if the developer chin chai allow transfer of ownership...just imagine the mess and the risks involved if you're the parcel owner.

Anyway, previously, there's no std amount that developer can charge for this function. Then the amendment came and limit the amount to RM500. (for residential units only) .With the recent amendement to the Housing Act wef 12/4/07, consent from developer is no longer required...so can save the RM500. There is a $100 charge for confirmation and stuff like that which you will still need from the developer.

My view is that buyers have to exercise more caution now, as we have to ensure our interest is properly registered. Truth is, developers are very happy to be free of this function ,,,they are not bothered with the $500 fees.
*
u r absolute right about it.

one thing i must add is, not all delay in issuing strata titles are cause by authorities, ie land office. because sometimes the developers/land owners "push" all the problems to them but the truth is they didn't comply to some requirements in apply strata titles.

 

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