Welcome Guest ( Log In | Register )

Outline · [ Standard ] · Linear+

> Individual Strata Questions, Need help and advice

views
     
TSMoshpit94
post Jul 16 2018, 03:37 PM, updated 6y ago

Casual
***
Junior Member
341 posts

Joined: Feb 2011
From: Earth
Dear Sifu,

I have bought my first house at Apartment Permai @ Damansara Damai, develop by MK Land Holdings BHD. Apartment Permai already issued Individual Strata in 2013 however previous owner (very old dy) forgot to claim the Individual Strata as he is living outside of KL. Now when the lawyer would like to sell this house to me, the lawyer need to contact with MK Land to issue strata to the previous owner and then handover to me.

I have signed SNP and Agreement, with the Insurance fees on March and until today this MK Land developer still did not respond to my lawyer. I am quite angry cause few of my friend only took 1-2 months to get the key. May I know is there any option to me to push this MK Land to handover the strata to previous owner?

Should I contact MK Land directly?
cdspins
post Jul 16 2018, 03:44 PM

Look at all my stars!!
*******
Senior Member
2,567 posts

Joined: May 2008


But your SNP already stated about getting individual strata title? If yes, then is not your problem as you are not liable to service your loan yet. The money is not disbursed to the original yet and transaction is not complete.
TSMoshpit94
post Jul 16 2018, 03:46 PM

Casual
***
Junior Member
341 posts

Joined: Feb 2011
From: Earth
QUOTE(cdspins @ Jul 16 2018, 03:44 PM)
But your SNP already stated about getting individual strata title? If yes, then is not your problem as you are not liable to service your loan yet. The money is not disbursed to the original yet and transaction is not complete.
*
Yes in my SNP already stated, but the lawyer said to me this developer is very slow, it will took me roughly 1 year to complete, but if they respond fast then within 2-3 months can complete everything. I was like, 1 year is too damn slow lah.
WaCKy-Angel
post Jul 16 2018, 03:49 PM

PeACe~~
*********
All Stars
21,509 posts

Joined: Dec 2004
From: KL



developer just want teh tarik money. ask seller to pay developer.

anyhow since this is seller issue, i think you may ask your lawyer to charge seller interest fee due to delay on their side.
AskarPerang
post Jul 16 2018, 03:50 PM

~tUPaI...~
*********
All Stars
23,145 posts

Joined: Aug 2007
From: Outer Space



QUOTE(Moshpit94 @ Jul 16 2018, 03:46 PM)
Yes in my SNP already stated, but the lawyer said to me this developer is very slow, it will took me roughly 1 year to complete, but if they respond fast then within 2-3 months can complete everything. I was like, 1 year is too damn slow lah.
*
Unless you are buying to own stay.
If not the longer the better since you managed to lock in at 2018 price and loan only will start in 2019. But if you are eager to move in to stay then is a different story.
TSMoshpit94
post Jul 16 2018, 03:54 PM

Casual
***
Junior Member
341 posts

Joined: Feb 2011
From: Earth
QUOTE(WaCKy-Angel @ Jul 16 2018, 03:49 PM)
developer just want teh tarik money. ask seller to pay developer.

anyhow since this is seller issue, i think you may ask your lawyer to charge seller interest fee due to delay on their side.
*
Then i think better i ask my agent/lawyer to deal with this since seller is too old to understand -___-

ok great info, I ask my lawyer whether can charge not.

QUOTE(AskarPerang @ Jul 16 2018, 03:50 PM)
Unless you are buying to own stay.
If not the longer the better since you managed to lock in at 2018 price and loan only will start in 2019. But if you are eager to move in to stay then is a different story.
*
I buy for my own stay but not now, was expecting to get married next year around mid year or end year, but of course I need to get the house before marriage to clean up and reno a bit for own stay as currently it has tenant.

This post has been edited by Moshpit94: Jul 16 2018, 03:55 PM
cdspins
post Jul 16 2018, 04:15 PM

Look at all my stars!!
*******
Senior Member
2,567 posts

Joined: May 2008


QUOTE(Moshpit94 @ Jul 16 2018, 03:46 PM)
Yes in my SNP already stated, but the lawyer said to me this developer is very slow, it will took me roughly 1 year to complete, but if they respond fast then within 2-3 months can complete everything. I was like, 1 year is too damn slow lah.
*
As you are not the owner. you cannot request for the strata title from the developer. Your route of complain is to pressure the seller who will then pressure the developer to release the strata tile. If the title is still under master title and the developer have not yet separate your unit out, they will need to reapply with the relevant government body which lengthen the whole process.

Based on your SNP you may or may not charge interest or penalty to the owner.
Another way is that you deal with the owner, ask him to rent at a discounted price to you until the deals go through.
oxm8
post Jul 16 2018, 08:34 PM

Regular
******
Senior Member
1,458 posts

Joined: Jul 2011
Mk.. well known &..big developer but slow
hanhanhan
post Jul 17 2018, 08:44 AM

(͡ ͡° ͜ つ ͡͡°)
******
Senior Member
1,142 posts

Joined: Oct 2006
From: Kuala Lumpur


QUOTE(Moshpit94 @ Jul 16 2018, 03:54 PM)
Then i think better i ask my agent/lawyer to deal with this since seller is too old to understand -___-

ok great info, I ask my lawyer whether can charge not.
I buy for my own stay but not now, was expecting to get married next year around mid year or end year, but of course I need to get the house before marriage to clean up and reno a bit for own stay as currently it has tenant.
*
i highly doubt you're able to charge interest due to seller delaying the deal AND further more the balance purchase price hasn't been paid in full yet. Thus technically the ownership of the house still belongs to the seller.

You may only charge interest if you paid the balance purchase price (whether by cash or otherwise) and the seller is unable to give vacant possession of the unit to you (because once u paid the purchase price in full, beneficial ownership is deemed to be transferred to you.


TSMoshpit94
post Jul 27 2018, 10:25 AM

Casual
***
Junior Member
341 posts

Joined: Feb 2011
From: Earth
QUOTE(cdspins @ Jul 16 2018, 04:15 PM)
As you are not the owner.  you cannot request for the strata title from the developer. Your route of complain is to pressure the seller who will then pressure the developer to release the strata tile. If the title is still under master title and the developer have not yet separate your unit out, they will need to reapply with the relevant government body which lengthen the whole process.

Based on your SNP you may or may not charge interest or penalty to the owner.
Another way is that you deal with the owner, ask him to rent at a discounted price to you until the deals go through.
*
Thank you for your advice... I've approached the owner... I got the contact information through google (by googling his name), stupid lawyer said wanna response end up no response. Now when I pressure the seller to keep contact with MK Land to get the strata, he seems doesn't know a thing. He ask me to push the developer because it take long enough and i was like what.... but not suprised because the owner is already old people and not city-type person.

QUOTE(oxm8 @ Jul 16 2018, 08:34 PM)
Mk.. well known &..big developer but slow
*
Yes.. I feel like wanna burn their office.

QUOTE(hanhanhan @ Jul 17 2018, 08:44 AM)
i highly doubt you're able to charge interest due to seller delaying the deal AND further more the balance purchase price hasn't been paid in full yet. Thus technically the ownership of the house still belongs to the seller.

You may only charge interest if you paid the balance purchase price (whether by cash or otherwise) and the seller is unable to give vacant possession of the unit to you (because once u paid the purchase price in full, beneficial ownership is deemed to be transferred to you.
*
You are correct, my situation is the processing of getting the strata is the issue. And the previous seems clueless, lawyer act like sh*t, and developer super duper well known slow.
cdspins
post Jul 27 2018, 04:40 PM

Look at all my stars!!
*******
Senior Member
2,567 posts

Joined: May 2008


QUOTE(Moshpit94 @ Jul 27 2018, 10:25 AM)
Thank you for your advice... I've approached the owner... I got the contact information through google (by googling his name), stupid lawyer said wanna response end up no response. Now when I pressure the seller to keep contact with MK Land to get the strata, he seems doesn't know a thing. He ask me to push the developer because it take long enough and i was like what.... but not suprised because the owner is already old people and not city-type person.
Yes.. I feel like wanna burn their office.
You are correct, my situation is the processing of getting the strata is the issue. And the previous seems clueless, lawyer act like sh*t, and developer super duper well known slow.
*
In this scenario, consider rent from the owner until everything is settle lo...
Push both your lawyer and the developer as well, find out where the process is stuck at...
Good luck


 

Change to:
| Lo-Fi Version
0.0119sec    0.43    5 queries    GZIP Disabled
Time is now: 29th March 2024 - 09:03 PM