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 Purchase of caveated house

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TSBerfda
post Mar 15 2018, 03:46 PM, updated 8y ago

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I purchased a house from an owner (he is government loan, me bank loan). SnP was signed about 3 months ago. After SnP signed, the house is emptied and owner give me the key and give permission for me to move in because according to our lawyer the process will take up to 8 months due to government loan for previous owner. As soon i got the key and discuss with the owner, I started to do some renovation and moved in the house.
Today my lawyer just called me saying that we have problem when they found out the house has caveat filed by the owner ex wife. My lawyer called the ex wife and persuade her to to drop the caveat as the husband are willing to share the profit he got from this house. But she dont want to negotiate and she insist want to wait for their divorce court trial (Syariah court). According to my lawyer this will take years. I dont know how is my status right now.
Too bad for me, I spent quite a lot amount of RM already for renovation and repair job. Plus 10% down payment cash. I also just signed another SnP to sell my previous house bangwall.gif .

Anybody have exp on this? Is anything can do to protect my right as well? Seeking forumners kind advise sad.gif
TSBerfda
post Mar 15 2018, 03:58 PM

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Loan approved already before I signed snp. But that one I think is just loan offer. But in the midst of processing only they found out that the house got caveat and bank cant proceed next step. I also not really familiar about the process
TSBerfda
post Mar 15 2018, 04:00 PM

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QUOTE(TBJ @ Mar 15 2018, 03:53 PM)
1. continue staying. hard to chase you out too.
2. you put caveat too.
3. your lawyer should have checked if the title is caveated before or not before passing the downpayment.
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regarding the #3, I think the lawyer only just checked it today thats why we cant detect this earlier
TSBerfda
post Mar 15 2018, 04:15 PM

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QUOTE(KingRyan @ Mar 15 2018, 03:58 PM)
How can your lawyer advise you to sign the SPA without conducting a land search prior to that? Did he/she even conduct a land search? If so, when was the search conducted and when was the caveat entered?
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Could be the lawyer overlooked this. I would see this problem because of the lawyer
TSBerfda
post Mar 15 2018, 07:58 PM

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QUOTE(Berfda @ Mar 15 2018, 04:00 PM)
regarding the #3, I think the lawyer only just checked it today thats why we cant detect this earlier
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Referring to#1..did I have right to stay if only depends on the signed SPA?
TSBerfda
post Mar 16 2018, 09:27 AM

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I am really not aware and familiar with the process. In this case I beleived the lawyer not check the land status at the 1st place. The thing is happen already. Dont know what to do to minimize the impact on my side
TSBerfda
post Mar 16 2018, 10:28 AM

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I am really not aware and familiar with the process. In this case I beleived the lawyer not check the land status at the 1st place. The thing is happen already. Dont know what to do to minimize the impact on my side
TSBerfda
post Mar 20 2018, 09:07 PM

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Got clearer picture today after meetup with my lawyer and the vendor.

11/11/17 lawyer make an "official search" - no caveat
22/11/17 snp signed
8/3/18 lawyer make another search before further proceed with bank related process - found caveated lodge by 3rd party(vendor's exwife) dated on 15/11/17

According to the vendor next week he will be 1st hearing. He hope can convince the exwife to drop the caveat. Because he willing to give her 50% of the profit. If they go to court also max she can get only 50%, she also possible to get even lower than that..

In the meantime, lawyer advise me to make police report. Just in case the ex wife suddenly make noise or attack me for reason staying in her house.

I also advised to lodge another caveat.

This post has been edited by Berfda: Mar 20 2018, 09:08 PM
TSBerfda
post Mar 22 2018, 11:11 PM

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The house named to the vendor only. Its not joined name. According to the vendor, when the time he purchased the house, the wife is full-time housewife and not contribute at all in monetary. they also not stay in this house when they still together. The house is empty until I come in.
They already divorced like 3 years ago(2014), they move on their life in separate way and the ex wife shows no interest to bother about the house. Then the vendor decide to sell the house and start to advertise from beginning of year 2017. She still not even bother about the ex husband decision to sell the house. Only after she find out the ex husband found a buyer on nov 2017, seems like she dont want to miss the train to grab some profit then quickly lodge the caveat.
TSBerfda
post Mar 23 2018, 07:10 AM

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QUOTE(mini orchard @ Mar 23 2018, 07:03 AM)
With all divorce cases, when love is gone .... money comes into picture.
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Exactly

 

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