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 Markup loan legal perspective, Need your view

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mini orchard
post Jul 21 2020, 10:08 PM

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QUOTE(drake88 @ Jul 21 2020, 09:42 PM)
As long there is 2 price exist in a sales and purchase agreement, it is illegal. or maybe with your expertise you can share with us how you beat the system.
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In a SnP, there is ONLY ONE price.

Somehow, someday there will be a noob who will buy at inflated price and I dont think is illegal. The bank / valuer may think he bought at mark up price and adjust the loan accordingly.

As mentioned earlier, there is a range of prices of similar properties. When the property was purchased at the highest range, we cant say is mark up unless is way beyond acceptable level.

If the buyer can beat the system, then he gained with a slightly higher loan. A 30k mark up for a 80% loan is 24k.and is acceptable for a 500k property.

What happened behnd the SnP is between seller buyer.

This post has been edited by mini orchard: Jul 21 2020, 10:13 PM
zer016
post Jul 21 2020, 10:18 PM

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I think what TS meant is the SPA is marked up at a higher price in order for him to obtain a loan. In fact there is an actual purchase price agreed upon by the seller and buyer at a lower price compared to the written value on the spa.
icemanfx
post Jul 21 2020, 10:26 PM

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QUOTE(zer016 @ Jul 21 2020, 10:18 PM)
I think what TS meant is the SPA is marked up at a higher price in order for him to obtain a loan. In fact there is an actual purchase price agreed upon by the seller and buyer at a lower price compared to the written value on the spa.
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Buyer can put whatever spa price but bank loan follow valuers price. Now a day, not many valuer will give overinflated price.
zer016
post Jul 21 2020, 10:36 PM

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QUOTE(icemanfx @ Jul 21 2020, 10:26 PM)
Buyer can put whatever spa price but bank loan follow valuers price. Now a day, not many valuer will give overinflated price.
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Today's reality, usually the purchaser will obtain an offer from bank before deciding to mark up an SPA. So, I'll assume the Offer Letter is obtained before the execution of SPA. Usually inside the SPA, it will written the submission of SPA at what value.
tripleA+
post Jul 22 2020, 12:27 AM

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Mutual agreement between buyer and seller.. Normally bank will base on professional valuer

This post has been edited by tripleA+: Jul 22 2020, 12:28 AM
drake88
post Jul 22 2020, 09:40 PM

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QUOTE(mini orchard @ Jul 21 2020, 10:08 PM)
In a SnP, there is ONLY ONE price.

Somehow, someday there will be a noob who will buy at inflated price and I dont think is illegal. The bank / valuer may think he bought at mark up price and adjust the loan accordingly.

As mentioned earlier, there is a range of prices of similar properties. When the property was purchased at the highest range, we cant say is mark up unless is way beyond acceptable level.

If the buyer can beat the system, then he gained with a slightly higher loan. A 30k mark up for a 80% loan is 24k.and is acceptable for a 500k property.

What happened behnd the SnP is between seller buyer.
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I know there is only 1 price is SPA. But there is definitely a supplementary agreement to state the vendor selling price (Actual selling price). therefore it is illegal to do so.

mini orchard
post Jul 22 2020, 10:04 PM

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QUOTE(drake88 @ Jul 22 2020, 09:40 PM)
I know there is only 1 price is SPA. But there is definitely a supplementary agreement to state the vendor selling price (Actual selling price). therefore it is illegal to do so.
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There are ways to settle the mark up price. One dont need a supplement agreement between seller buyer.


propertyowner
post Jul 23 2020, 12:18 AM

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QUOTE(drake88 @ Jul 21 2020, 10:47 AM)
short answer. It is illegal
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it is legal - as you can quote as discounts to purchaser
TSNoblish
post Jul 24 2020, 12:10 AM

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QUOTE(propertyowner @ Jul 23 2020, 12:18 AM)
it is legal - as you can quote as discounts to purchaser
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So this kind of side agreement can really make it legal??
propertyowner
post Jul 24 2020, 12:33 AM

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QUOTE(Noblish @ Jul 24 2020, 12:10 AM)
So this kind of side agreement can really make it legal??
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Yes, otherwise im replying this from jail already.
icemanfx
post Jul 24 2020, 02:59 AM

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QUOTE(propertyowner @ Jul 23 2020, 12:18 AM)
it is legal - as you can quote as discounts to purchaser
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QUOTE(propertyowner @ Jul 24 2020, 12:33 AM)
Yes, otherwise im replying this from jail already.
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If the loan is defaulted soon after dispersed, it will be a different story.

This post has been edited by icemanfx: Jul 24 2020, 03:00 AM
mini orchard
post Jul 24 2020, 05:20 AM

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QUOTE(Noblish @ Jul 24 2020, 12:10 AM)
So this kind of side agreement can really make it legal??
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There is NEVER an agreement in the first place.

What goes behind the scene of SnP is neither with your or my knowledge.

If the govt can accept it, the bank can approve the loan, who are we to say is illegal or otherwise ?

This post has been edited by mini orchard: Jul 24 2020, 06:08 AM
mini orchard
post Jul 24 2020, 05:21 AM

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QUOTE(icemanfx @ Jul 24 2020, 02:59 AM)
If the loan is defaulted soon after dispersed, it will be a different story.
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As though those without mark up no default ?
icemanfx
post Jul 24 2020, 06:08 AM

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QUOTE(mini orchard @ Jul 24 2020, 05:21 AM)
As though those without mark up no default ?
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The need to mark up loan is why mark up loan has higher default risks.

This post has been edited by icemanfx: Jul 24 2020, 06:09 AM
icemanfx
post Jul 24 2020, 06:11 AM

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QUOTE(mini orchard @ Jul 24 2020, 05:20 AM)
There is NEVER an agreement in the first place.

What goes behind the scene of SnP  is neither with your or my knowledge.

If the govt can accept it, the bank can approve the loan, who are we to say is illegal or otherwise ?
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In some countries, this is loan fraud, a felony.
mini orchard
post Jul 24 2020, 06:14 AM

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QUOTE(icemanfx @ Jul 24 2020, 06:11 AM)
In some countries, this is loan fraud, a felony.
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You can NEVER proved marked-up in the first place if seller buyer agreed.

Conviction of a crime is based on evidence and not hear say. Nobody will write b&w for 'illegal' transactions.

This post has been edited by mini orchard: Jul 24 2020, 07:41 AM
TSNoblish
post Jul 24 2020, 06:24 AM

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QUOTE(icemanfx @ Jul 24 2020, 06:11 AM)
In some countries, this is loan fraud, a felony.
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So it is not considered a loan fraud in Malaysia?..haha sorry im in dillema right now...there are a lot of grey areas but when i go to all the banks, all bankers suggested markup price and even some bankers admit they markup even for their own property..but reading all the things in internet , i am not sure if the supplementary agreement for discounts were made , would it be fully legal.
mini orchard
post Jul 24 2020, 07:02 AM

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QUOTE(Noblish @ Jul 24 2020, 06:24 AM)
So it is not considered a loan fraud in Malaysia?..haha sorry im in dillema right now...there are a lot of grey areas but when i go to all the banks, all bankers suggested markup price and even some bankers admit they markup even for their own property..but reading all the things in internet , iĀ  am not sure if the supplementary agreementĀ  for discounts were made , would it be fully legal.
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What is fraud ? ...is when someone suffered a financial loss....in marked cases ...

Govt will collect higher stamp duty (mot) for marked up sale.

Govt will collect higher stamp duty for loan agreement

Govt will collect higher rpgt tax, if applicable.

Will govt charge the seller buyer for such transaction ? and

Banker will collect higher loan interest payment.





Default by borrower is lain cerita.

This post has been edited by mini orchard: Jul 24 2020, 07:02 AM
icemanfx
post Jul 24 2020, 08:20 AM

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QUOTE(mini orchard @ Jul 24 2020, 07:02 AM)
What is fraud ? ...is when someone suffered a financial loss....in marked cases ...

Govt will collect higher stamp duty (mot) for marked up sale.

Govt will collect higher stamp duty for loan agreement

Govt will collect higher rpgt tax, if applicable.

Will govt charge the seller buyer for such transaction ?  and

Banker will collect higher loan interest payment.
Default by borrower is lain cerita.
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As long as loan is repaid on time is fine.
drake88
post Jul 25 2020, 05:00 PM

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all i can say is everyone is giving their point of view and writing all the advises here carry no weight ... until someone get complain and start investigation from the Official party ...

that time la... ppl start to pusing the story .. it is pretty common here in k/

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