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 Booked a subsale unit but no strata title, HELP!

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mini orchard
post Jul 22 2020, 10:57 PM

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QUOTE(rebecca_choo @ Jul 22 2020, 10:12 PM)
HI all,

So my husband just booked a subsale condo unit (freehold) and as of now, we are in the midst of applying for loan. However, upon handing over all documents to our banker, he requested for standalone strata title.

When I checked with the agent, she said the owner haven't claimed it yet despite the title is out. The owner merely told the agent that I could claim the title later directly with the developer.

1) So assuming that my bankers would still need to see the strata copy and if the owner/agent couldn't produce it in time, could I simply ask the agent to refund my booking fee?

2) What if later on, the developer do not agree for double transfer? Who's going to bear all the penalties, MOT, stamp duty etc.?

3) What if the developer is no longer around? This property is 20++ years old

Any other things that I should be concerned about? The clock is ticking for me to get the loan approved and now this strata title issue pops out.  doh.gif

Thanks!
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1 I will assumed your purchase is through an agent. In the booking form, it is normally stated that the sale purchase is subject to loan approval. If your loan is rejected, you can request for a refund of the earnest deposit.

2. Developer should have no objections for double transfer. Each party will pay for their own mot.

3. If the developer is around, there is no problem. You MUST confirm with the developer whether the title is issued but pending seller perfection on payment of MOT. If the answer is negative, if I am you, I wont proceed with the purchase. The longer it takes the title to be issued, the more difficult for you to sell later.
mini orchard
post Jul 22 2020, 11:04 PM

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QUOTE(HarvinDhillon @ Jul 22 2020, 10:24 PM)
Hmm sorry how did the previous owner occupied the property without a strata title??
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Occupying a property is about CF. Title can come later. A SnP is as good a title.
mini orchard
post Jul 22 2020, 11:19 PM

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QUOTE(rebecca_choo @ Jul 22 2020, 11:15 PM)
I checked the SnP and apparently, we are the 3rd owner.

1st owner sold to 2nd owner back in 1999 and in their SnP, there is a clause for 'Deed of Assignment' - so I guess that explains how in the past this property was transacted - I suppose.
1) But I can't even proceed with the loan submission without submitting the strata title, so how do you think I should request for the booking refund? Somehow I need to produce a letter saying that the loan is rejected?

2) Noted

3) Ok noted

Thanks all!
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Without the strata title, is as good a rejection reason from the bank not to process/approve your loan application and hence indirectly a rejection. Tell that to the agent.

This post has been edited by mini orchard: Jul 22 2020, 11:20 PM
mini orchard
post Jul 23 2020, 08:34 AM

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QUOTE(WaCKy-Angel @ Jul 23 2020, 08:16 AM)
1) If indeed strata title is issued but owner have not collected it from developer, there are high chance the developer will ask for "kopi money" only they will release to u. If yes, u can ask seller to pay for it because it is the seller's responsibility

2) As above, i dont recommend u buy the unit if seller does not want to provide strata title to u. because will involve money and time if u deal with developer.

3) Trust me they are around....just hiding and operating in shadows.
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Is NOT purchaser's obilgation to request for title or direct transfer from developer. If seller cannot produce title or has permission for any transfer, then the booking / SnP is void....similar to consent for leasehold title.

This post has been edited by mini orchard: Jul 23 2020, 08:46 AM
mini orchard
post Jul 23 2020, 10:42 AM

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In my opinion...after 20 years, I doubt the title is out and some banks are selective with such cases.

Can you buy another unit within the same location ?

Buying is easy now. What happens if after your purchase, the developer bungkus ?


mini orchard
post Jul 23 2020, 11:06 AM

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QUOTE(rebecca_choo @ Jul 23 2020, 10:54 AM)
Yeah, it seems that the strata title had been issued but perfection wasn't done by the current owner.

And, he also mentioned that it's still under developer's name... and I'm the 3rd owner.

Meaning to say, developer has to agree for direct transfer or do a triple transfer to my name?  mega_shok.gif

I don't mind getting my earnest deposit refunded and I could look for other unit elsewhere.

You are right, if developer already bungkus, then nothing much could be done.

FYI, this is the developer:

https://www.ctoscredit.com.my/business/HART...DN-BHD-0057368K
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If what is claimed by the seller is true, ask him to collect a photocopy of the title in developer,'s name.

As for the the transfer, ask seller to collect b&w from developer agreeing to the direct transfer. If is triple transfer, forget the purchase as the 1st buyer is not going to pay for mot anymore.
mini orchard
post Jul 23 2020, 11:35 AM

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Tell the agent the bank insist the strata title copy.
mini orchard
post Jul 23 2020, 01:26 PM

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QUOTE(WaCKy-Angel @ Jul 23 2020, 12:01 PM)
Doesnt matter liquidator or developer, they both will ask for fee tongue.gif
I think better tell lawyer to insist for it better right? infact put the requirement in S&P better yet.
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For developer's or liquidator's consent, fee borne by seller.

I wont want to reach SnP stage for the strata title. Is either have it or no before loan approval.

 

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