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 Let's Talk Properties. The Q&As, What would you like to know?

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TSYeohKW
post Nov 3 2020, 04:46 PM, updated 4y ago

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What would you like to know about the real estate industry in Malaysia?

How easy can it be on making decision on what to buy or invest?

What are process for first time buyers?

Blah blah blah....

Get your questions discussed here. Appreciate if everyone who comment a constructive and positive answers related and not harming anyone.


chiwawa10
post Nov 3 2020, 05:06 PM

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Is there anywhere to check if a property is listed for bank lelong?
TSYeohKW
post Nov 4 2020, 04:22 PM

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QUOTE(chiwawa10 @ Nov 3 2020, 05:06 PM)
Is there anywhere to check if a property is listed for bank lelong?
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Check with auctioneers. You can try https://www.ngchanmau.com

But do understand the risk of going for auctioned property. Especially if the property is currently tenanted. Understand that bank only sell the property, they do not be responsible on evicting the people staying inside.
chiwawa10
post Nov 4 2020, 04:27 PM

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QUOTE(YeohKW @ Nov 4 2020, 04:22 PM)
Check with auctioneers. You can try https://www.ngchanmau.com

But do understand the risk of going for auctioned property. Especially if the property is currently tenanted. Understand that bank only sell the property, they do not be responsible on evicting the people staying inside.
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Huh? Is there no way of evicting people staying inside? Let's say if I eventually bought the property, doesn't it count as wrongly trespassing into my private property? No one can enforce it, e.g. the police?
TSYeohKW
post Nov 4 2020, 04:42 PM

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QUOTE(chiwawa10 @ Nov 4 2020, 04:27 PM)
Huh? Is there no way of evicting people staying inside? Let's say if I eventually bought the property, doesn't it count as wrongly trespassing into my private property? No one can enforce it, e.g. the police?
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Worth taking note that currently in Malaysia we do not have a tenancy law. And the current law actually pro tenants than owner. Of cos there's way to evict the tenant, but it will be a long process and you need to get an eviction notice from the court. And that I heard some waited more than 6 months to get it. And there's not confirmation that you will get it. The other alternative is to engage a lawyer and file a civil case against the tenant.

I would say this is one of the main concern when buying an auctioned property. There are other concerns too, such as the condition of the property. For auction properties, while you might get a great price, especially during this point of time, but at the same time, you are buying a property without looking at the inside of the property. So buyer better be prepared to fork out more for renovation cost if the conditions is bad. And they might end up paying more for the property due to the renovation cost.

My advise is, make sure you know why are you buying it. Own use or investment. If own use, then not much issue as you probably buy it because u like the location, and an auctioned property comes with a rare good price. But for investment purposes, make sure you get as much info as possible. Maybe buy a fruit basket and get to know the next door neighbour to learn more about the person staying in the house.

chiwawa10
post Nov 5 2020, 09:43 AM

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QUOTE(YeohKW @ Nov 4 2020, 04:42 PM)
Worth taking note that currently in Malaysia we do not have a tenancy law. And the current law actually pro tenants than owner. Of cos there's way to evict the tenant, but it will be a long process and you need to get an eviction notice from the court. And that I heard some waited more than 6 months to get it. And there's not confirmation that you will get it. The other alternative is to engage a lawyer and file a civil case against the tenant.

I would say this is one of the main concern when buying an auctioned property. There are other concerns too, such as the condition of the property. For auction properties, while you might get a great price, especially during this point of time, but at the same time, you are buying a property without looking at the inside of the property. So buyer better be prepared to fork out more for renovation cost if the conditions is bad. And they might end up paying more for the property due to the renovation cost.

My advise is, make sure you know why are you buying it. Own use or investment. If own use, then not much issue as you probably buy it because u like the location, and an auctioned property comes with a rare good price. But for investment purposes, make sure you get as much info as possible. Maybe buy a fruit basket and get to know the next door neighbour to learn more about the person staying in the house.
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Thanks for the tips bro! Appreciate that. Looking to buy the property for own stay. Will try to dig as much info from the neighbours as possible.
TSYeohKW
post Nov 5 2020, 12:51 PM

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QUOTE(chiwawa10 @ Nov 5 2020, 09:43 AM)
Thanks for the tips bro! Appreciate that. Looking to buy the property for own stay. Will try to dig as much info from the neighbours as possible.
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All the best in finding the right property. Tips for buying on own stay: make sure you really like the place ...
shaoching
post Nov 5 2020, 04:51 PM

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would like to ask, after the SPA for subsale enforce, I have 3months until the bank fully drawdown to the vendor. however, my lawyer keep on telling me in process and they cant control 3rd party (such as developer/bank/authorities side)

how if the SPA is due and im subjected to penalty even its not my fault? as I keep on pushing the lawyer but he's like tak apa…..


TSYeohKW
post Nov 5 2020, 08:40 PM

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QUOTE(shaoching @ Nov 5 2020, 04:51 PM)
would like to ask, after the SPA for subsale enforce, I have 3months until the bank fully drawdown to the vendor. however, my lawyer keep on telling me in process and they cant control 3rd party (such as developer/bank/authorities side)

how if the SPA is due and im subjected to penalty even its not my fault? as I keep on pushing the lawyer but he's like tak apa…..
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Hi. sorry for the late reply.

Normally we (REN) will help buyer to follow up on the cases. While we cant control all parties, we always ask for the latest updates so we can keep all parties updated. For vendor, what they want to know is that there's no delay from purchaser and should there is any potential of delays due to unforeseen circumstances, we are able to detect it before hand and inform vendor accordingly. If really "touch wood" delay, we will help purchaser to convince vendor not to charge on the penalty. <<< this is when you deal with REN.

But in the event you buy directly from vendor, then the person you can rely upon is your lawyer. As they are representing you, they will have to prioritize your best interest. They will have to make sure that they try their best to avoid any penalty. In normal situation, 3 months should be sufficient for drawdown. But sometimes if there's a lot of transactions in land office, there might be some delay. Your lawyer might not able to control them, but they can always check with relevant parties to ensure there's no delay.

You mentioned you keep pushing the lawyer, but most of the times, it's the legal clerk or admin clerk who do the job. maybe you can check with your lawyer and ask who is the one in charge of your case? Then instead of pushing your lawyer, you can follow up with the person in charge of your case. Treat he/she nice and ask for help ...


shaoching
post Nov 5 2020, 10:44 PM

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QUOTE(YeohKW @ Nov 5 2020, 08:40 PM)
Hi. sorry for the late reply.

Normally we (REN) will help buyer to follow up on the cases. While we cant control all parties, we always ask for the latest updates so we can keep all parties updated. For vendor, what they want to know is that there's no delay from purchaser and should there is any potential of delays due to unforeseen circumstances, we are able to detect it before hand and inform vendor accordingly. If really "touch wood" delay, we will help purchaser to convince vendor not to charge on the penalty. <<< this is when you deal with REN.

But in the event you buy directly from vendor, then the person you can rely upon is your lawyer. As they are representing you, they will have to prioritize your best interest. They will have to make sure that they try their best to avoid any penalty. In normal situation, 3 months should be sufficient for drawdown. But sometimes if there's a lot of transactions in land office, there might be some delay. Your lawyer might not able to control them, but they can always check with relevant parties to ensure there's no delay.

You mentioned you keep pushing the lawyer, but most of the times, it's the legal clerk or admin clerk who do the job. maybe you can check with your lawyer and ask who is the one in charge of your case? Then instead of pushing your lawyer, you can follow up with the person in charge of your case. Treat he/she nice and ask for help ...
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Hi. Thanks for kind reply. May i know what mean by REN?
Im at the purchaser side. As its almost left 2weeks until the due date, my lawyer juz told me now they are sending the DOA to developer for endorsement. And im the one who always text the lawyer to ask for update. He just keep telling me in process.

May i know 2weeks are sufficient until the handover?

TSYeohKW
post Nov 6 2020, 02:27 AM

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QUOTE(shaoching @ Nov 5 2020, 10:44 PM)
Hi. Thanks for kind reply. May i know what mean by REN?
Im at the purchaser side. As its almost left 2weeks until the due date, my lawyer juz told me now they are sending the DOA to developer for endorsement. And im the one who always text the lawyer to ask for update. He just keep telling me in process.

May i know 2weeks are sufficient until the handover?
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REN = Real Estate Negotiator, a person hired by A real estate agency to represent the agency in works related to real estate transaction such as buy sell or rent. The actual meaning for Real Estate Agent in Malaysia means the license holder of the agency.

As I’m based in KK, there might be different in the timeline for process.. may I know if the property your are buying are still under master title or strata/individual title already?

Did you ask your lawyer if he can get it done before due date? Or if not, how will he help I’m not getting u to pay any penalty?
shaoching
post Nov 6 2020, 03:51 PM

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QUOTE(YeohKW @ Nov 6 2020, 02:27 AM)
REN = Real Estate Negotiator, a person hired by A real estate agency to represent the agency in works related to real estate transaction such as buy sell or rent. The actual meaning for Real Estate Agent in Malaysia means the license holder of the agency.

As I’m based in KK, there might be different in the timeline for process..  may I know if the property your are buying are still under master title or strata/individual title already?

Did you ask your lawyer if he can get it done before due date? Or if not, how will he help I’m not getting u to pay any penalty?
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the only answer that I always get from the lawyer was : Reply from bank, lhdn and developer is not within our control.


TSYeohKW
post Nov 6 2020, 04:08 PM

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QUOTE(shaoching @ Nov 6 2020, 03:51 PM)
the only answer that I always get from the lawyer was : Reply from bank, lhdn and developer is not within our control.
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hmm... your lawyer really... you bought it through agency or direct to owner? Who is this lawyer? Someone you know personally?
shaoching
post Nov 6 2020, 04:12 PM

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QUOTE(YeohKW @ Nov 6 2020, 04:08 PM)
hmm... your lawyer really... you bought it through agency or direct to owner? Who is this lawyer? Someone you know personally?
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through agent. but the lawyer I seek outside myself from internet.
TSYeohKW
post Nov 6 2020, 04:18 PM

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QUOTE(shaoching @ Nov 6 2020, 04:12 PM)
through agent. but the lawyer I seek outside myself from internet.
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OMG... then this is the actual issue. Normally I would highly recommend buyer to get agent to recommend the lawyer they normally pass the cases to, so it will be easier to get the agent to follow up closely with the lawyer.
or if you have personal friend or relatives who is a lawyer then can engage too so you can follow up with them.

To get a lawyer from internet is very risky and you are now facing it.

Let me send you a PM on how you can talk to your lawyer on this matter ya.
mini orchard
post Nov 6 2020, 06:10 PM

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QUOTE(shaoching @ Nov 6 2020, 03:51 PM)
the only answer that I always get from the lawyer was : Reply from bank, lhdn and developer is not within our control.
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Lawyers are cautious when dealing with those three lest he is blacklisted. He still needs to carry on business after your case being 'settled', so offending others is last.

If you need something quick, you have to do the work. Otherwise, the lawyers will do a courtesy follow up ...nothing to the extend of how you will talk when you are 'angry'.
shaoching
post Nov 6 2020, 06:17 PM

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QUOTE(mini orchard @ Nov 6 2020, 06:10 PM)
Lawyers are cautious when dealing with those three lest he is blacklisted. He still needs to carry on business after your case being 'settled', so offending others is last.

If you need something quick, you have to do the work. Otherwise, the lawyers will do a courtesy follow up ...nothing to the extend of how you will talk when you are 'angry'.
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hi,may I know what kind of work I need to do from myside beside folo up frequently with my lawyer>?
mini orchard
post Nov 6 2020, 06:41 PM

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QUOTE(shaoching @ Nov 6 2020, 06:17 PM)
hi,may I know what kind of work I need to do from myside beside folo up frequently with my lawyer>?
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Bank .. follow up with the loan officer. Put some pressure saying you are unhappy with the delay. Tell him about referral from you for future cases.

Lhdn ... nothing much you are dealing other than stamp duties. That should not be a problem since the govt wants money

Developer ... Pressure your seller to call them. You can also do the same.

As buyer, you must be 'excited' to complete everything soonest. If no one follow up or make noise, nobody cares. You cant expect your lawyer to slam the phone on the bank, lhdn or developer !

Edit ...

Dont quote your lawyer when dealing with them. Just ask why the delay.

This post has been edited by mini orchard: Nov 6 2020, 06:44 PM
iOrange
post Nov 7 2020, 04:57 PM

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not sure if this is the right place to ask but here goes

generally speaking how long does it take for a piling process to finish? the said project is a 40 floor condo.
TSYeohKW
post Nov 7 2020, 05:22 PM

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QUOTE(iOrange @ Nov 7 2020, 04:57 PM)
not sure if this is the right place to ask but here goes

generally speaking how long does it take for a piling process to finish? the said project is a 40 floor condo.
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Probably you can ask here for a better insights: https://forum.lowyat.net/topic/3381356

it can be from 6 months to 1 year depending on developer and contractor and weather condition too. (this is a reference based on some of the construction speed of condo in KK, Sabah)

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