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 Markup loan legal perspective, Need your view

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forever1979
post Dec 7 2021, 08:02 PM

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people say is illegal because bank cannot allowed this

people say its legal because the lawyer is doing it...

so how ?
mini orchard
post Dec 7 2021, 08:14 PM

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QUOTE(ngaisteve2 @ Dec 7 2021, 06:05 PM)
So markup spa price is legal or illegal,?
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QUOTE(forever1979 @ Dec 7 2021, 08:02 PM)
people say is illegal because bank cannot allowed this

people say its legal because the lawyer is doing it...

so how ?
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Is not about legality.

Is about whether the SnP price is acceptable to the banks.

What transpired between buyer seller is not a concern for the bank.
ngaisteve2
post Dec 7 2021, 10:48 PM

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What about if SPA markup to RM500k but actual is RM390k?
baby_4ever
post Dec 7 2021, 10:50 PM

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QUOTE(Noblish @ Jul 21 2020, 07:21 AM)
Hi all

i know markup loan has become very common nowadays but is it actually legal?
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Legal, as long approved

But you the one suffer long term paying interests.
icemanfx
post Dec 8 2021, 02:24 AM

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QUOTE(mini orchard @ Dec 7 2021, 08:14 PM)
Is not about legality.

Is about whether the SnP price is acceptable to the banks.

What transpired between buyer seller is not a concern for the bank.
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It is a loan fraud by any name, is a criminal offence but rarely prosecuted in this country.

mini orchard
post Dec 8 2021, 05:49 AM

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QUOTE(ngaisteve2 @ Dec 7 2021, 10:48 PM)
What about if SPA markup to RM500k but actual is RM390k?
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There is no stopping buyer mark up to any price level. Banks cannot question buyer's judgement on the property purchase price. Is a willing buyer seller negotiation.

The bank's business is to provide loan based on their own judgement as provided by a formal valuation report. If the report stated is 500k, then is 500k or any other price

Similarly, a borrower cannot question the bank's judgement on the property price.

In a marked-up transaction, buyer normally will have to bear the 'extra' cost incurred by seller, if any .... legal fees and rpgt.

In addition, for buyer, the legal fees for SnP and Loan Agreement plus mot and stamp duty are higher base on the amount as stated in the documents.

This post has been edited by mini orchard: Dec 8 2021, 07:06 AM
ngaisteve2
post Dec 8 2021, 02:35 PM

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QUOTE(mini orchard @ Dec 8 2021, 05:49 AM)
There is no stopping buyer mark up to any price level. Banks cannot question buyer's judgement on the property purchase price. Is a willing buyer seller negotiation.

The bank's business is to provide loan based on their own judgement as provided by a formal valuation report. If the report stated is 500k, then is 500k or any other price

Similarly, a borrower cannot question the bank's judgement on the property price.

In a marked-up transaction, buyer normally will have to bear the 'extra' cost incurred by seller, if any .... legal fees and rpgt.

In addition, for buyer,  the legal fees for SnP and Loan Agreement plus mot and stamp duty are higher base on the amount as stated in the documents.
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Is it true that around 80% buyer mark-up spa for sub sale?
mini orchard
post Dec 8 2021, 03:15 PM

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QUOTE(ngaisteve2 @ Dec 8 2021, 02:35 PM)
Is it true that around 80% buyer mark-up spa for sub sale?
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I wont know the %.

In any mark-up transaction, there is no guarantee the bank will provide loan based on the figure stated.

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