My comments are general and does not apply to any specific states. Is up to each state on how to implement their land matters but it should be around what I said.

1. In any subsale agreement, a party that is not agreeable to the terms can choose not to proceed.

Personally, if I am in your position, I would abort the deal and proceed to look for another similar unit in the open market, which may be cheaper than 730k.

There are over supply of properties now in the country, including melaka.

2. Normally, when a developer makes an application to the state govt to release a bumi unit to be sold to the general public, he has to pay some 'compensation' to the state and may then be included in the SPA price.

Once approved, the property is considered 'open' unit and no such condition are attached to its future sale. Unless the title is held under a leasehold tenure, then all such properties are subject to consent approval from the state.

Consent applies to ALL properties under leasehold tenure and does not segregate landed or strata highrise.

In most or all land titles, any tnc attached to it are indicated. It is a final document where a buyer will rely on the tnc before a purchase. In all subsale, a lawyer represent the buyer will conduct a title search at the land office before the signing of SPA.

In my post #19, I have successfully bid for a govt assisted apartment ownership in Selangor. It is an open unit. In my consent approval letter for transfer to my name, one of the condition stated that I can sell to anyone BUT if the buyer is a bumi, then it will be converted to bumi unit. It is only applicable to government assisted housing and not others.

There you go ..... each state has their own policy on land matters and a lawyer from that state familiar with land matters will be in a better position to advise a buyer.

One important note ....

If you decide to proceed, a written consent must be given by the state before to sign SPA

There was a thread by a forumer last month stating that he was 'accidentally' sold a bumi unit without the written consent from the state government and is now unable to sell the unit to others.

https://forum.lowyat.net/index.php?showtopi...033&hl=Bumi+lot

This post has been edited by mini orchard: Oct 10 2022, 02:10 PM

Thank you so much for your valuable suggestions.

Follow-up questions.

What I understood from the developer lawyer is that the developer had to fulfill bumi quota ( may be 30%), and therefore, not necessarily mark specific units as bumi. So, the unit I plan to purchase was under the bumi quota but not marked as bumi. This is different from bumi lot where the developer has to mark specific units as bumi, thus, making it difficult to release in the future.

Did I understand it correctly? Or it does not make any sense.

Thank.

From my point of view, if there are existing open units, why would a developer sell a bumi unit to a non bumi? In other words, open units are all sold and what left are the balance of the 30% bumi quota.

I dont think there is a need for developers to legally state which are bumi units as long the total quota are met. The individual embarked bumi units are for logistic purpose so as not to oversell non bumi units.

Conclusion, the developer could have just swap your 'bumi' unit with another open unit to meet the quota.

If you have been using the developer's appointed lawyers because of whatever freebies, I suggest you engage another independent lawyer to represent your interest and to advise you. Whatever that are free are all included in the selling price.

Pay for some services to have a peace of mind.

Is not a RM700 purchase.

This post has been edited by mini orchard: Oct 11 2022, 08:34 AM

hi

I sold an apartment under secondary market and its coming to 14months , and its still not completed the whole transaction mainly
due to the buyer's lawyer being super slow and may i say incompetency as most of the work done by clerk - not sure supervised or not..
Also have to perfect title first ya..so some delay is expected..

Anyway long story short

the buyer's lawyer (am not represented) refused to give a detailed computation with supporting docs to confirm the late payment interest
payable as all she said was, there is none payable even though the 90 day completion date ends in May 2022, and expected me to just take her word for it!

(ya ya..got such lawyer one)..

So i got my own lawyer to deal with the buyer's lawyer in order to calculate the final apportionment expenses but she still refused to
give detailed breakdown and supporting docs so my lawyer can see where was the delay and whose fault it was so that we can come to an
agreement to the final amount due from Buyer..

So my question is

1) what are my options now to compel the buyer's lawyer to forward the necessary docs to my lawyer?

2) she is now saying this delay in completion is all my fault because i keep delay handing over the keys..and will charge me interest for that..

3) if file a complaint to BC, how long will it take?

thanks in advance..

No other options but wait for buyer to sue you if he wants the property delivered.

Let the court decide.

That is why, people advise to engage own lawyer from day 1.

This post has been edited by mini orchard: Nov 4 2022, 05:27 PM

Hi, I have a situation involving my house that I hope you guys can offer me some advice on.

First, the short version. There is a house that's under the name of my brother and myself. He wants to sell but I don't. A compromise can't be met. So I'm worried that he'll go to a judge to order a partition.

Now a middle-long version. I'll try to keep as much of the he-say/I-say aspect out of this. Obviously, this is from my point of view/recollection. But at the least, I want to explain WHY I don't want to sell.

It's not that I'm unwilling to sell. I don't WANT to sell but I'm WILLING to sell. Bear in mind, I've lived in this house since around 2012(?) and pay the quit rent/assessment. I am 42 years old and a bachelor with no children. My brother has his own place and children.

My grandmother passed her single story bungalow in Ipoh, down to my brother and myself. My father had power of attorney and we've basically treated the house as his. In 2020, he came down with cancer and passed away pretty suddenly. Turns out, power of attorney didn't give him the power to transfer the house wholly to me and by then, he was too sick to order my brother to transfer to me, before he passed away. In his will, my father passed everything to me as he already gave my brother some other properties years ago. But of course, he couldn't pass ownership of the house wholly to me.

After my father passed away, my brother verbally agreed that however much we sell the house for, I would get 200K so I can shift to a low cost house and we would split the remainder 50/50. I even gave him an advance of 50K.

I would like to sell for at least 1.2 million. I realize that's tough in today's economy but I'm willing to hold. Worst case, I would gladly will my share to my brother or his children.

However, suddenly, he wants 300K NOW. So he wants to sell the house for 700K and says that I only requested 100K to cover a new house for myself. Even in Ipoh, a low cost house is around 200-250K nowadays. After fees and assorted costs, I would probably be left with just around 100K if we sell at that price.

I tried to say that we would profit more if we hold on for a few years. I said okay, if he can find a buyer for the price I want, I'll do it, but he doesn't even want to try. I even offered to buy him out, but I'm just a B40 with less than 2500 salary, so I said I would give him my savings + slowly pay him over time, but he wants 300K NOW.

He wants me to refinance the house but I cannot afford to basically take on a 300K+ debt to the bank. I'm already living from salary to salary right now. Even if the bank agrees to refinance, it means I'll have to suffer until retirement, at which point, I'll basically be bankrupted/ruined because of this.

I've been stressed about this for months. I've actually lost sleep because of this. I have never in all my life, gambled before but I've been buying the lottery since last month.

So what I'm most worried now is whether he could get a court order to sell? What are the grounds for a partition? Is there any way I can protect myself? This is a buyer's market. If the court orders us to sell, I'm going to get screwed. If I sell at the price he wants, I'll get screwed.

Thanks for at least letting me vent.

I just touch on the partition.

Partition is normally for undevelop land, eg new housing development and not for completed property.

And under the NLC, there is a minimum land area requirement before a partition is approved by the land office.

This post has been edited by mini orchard: Nov 20 2022, 11:21 PM

Sorry, I didn't see your earlier posts on partitions. I'm glad to hear that.

I actually have one possible non-legal recourse. Which is to approach my relatives and ask that they buy him out. It would mean I'll definitely have to sell the house eventually in order to repay them.

The good/bad news is that they're already quite senior, and may not want to help by dipping into their retirement funds for what is realistically, an "investment" that they are unlikely to personally benefit from, as who knows how long it'll take me to sell and how many years they have left?

Anyway, that's just me venting. Thank you for your knowledge drop.

That is normal disputes between joint ownerships.

In property investment, no seller can make the highest profit and so wanting to make slightly 'more' is subjective. It may happen or otherwise.

Or to please him, you guaranteed that you pay him the difference if the selling price cant be achieved later within an agreed date.

If joint owner cannot takeover another shareholding for whatever reasons, the only way is to sell in the open market. One cannot be selfish and ride on other people investments.

The same reason can 'haunt' you when he decide not to sell later and you needed the money or can one be sure that he is able to live long to realise the higher profit ?

Compromised and take the money.

The dead cannot speak but 'sure' can shed tears in grave

This post has been edited by mini orchard: Nov 21 2022, 06:48 AM

is it safe to pay earnest fee through online bank directly into the agency account

Firstly, you have to check whether the agency is registered here ...

http://search.lppeh.gov.my/

If yes, then go ahead.

Understand the tnc in the booking form b4 payment. If you need further explaination, you can approach the agent or post here.

Normally how much the charges acting on behalf of seller to deal and checking buyer S&P legal documentation and timeline in order?

Hello there,

I would like to ask what tenant can do IF owner not returning rental deposit withn 1 month (as per contract landlord need to refund)?

Can I report to police first?

You can demand from the owner through legal process. You can engage a lawyer to issue a notice of demand or alternatively, if the sum is less than 5k, you can proceed with small claim.

Thanks for the advice

how long does it take for a individual title landed property spa process to complete in johor normally?

Freehold or leasehold? Bumi lot or non bumi lot? Even with freehold, is it freehold, the land title have mentioned any sekatan?

Freehold individual without restrictions normally 2 to 3 month.

Freehold with restrictions & leasehold normally take 5 to 6 month.

Free hold and non-bumi lot…

Normally the 2 to 3 months is mostly 2 months for most cases or 3 months?

I need to rent a unit after I hand over my house so I need to look for a unit one month before that.

It's depend on the lawyer efficiency and government department. If you want to be safer planning, alway estimated longer time period. As now deepavali nearby already, and at the year end timing. A lot people start cleaning their annual leave and a lot holiday. So it's not guarantee what is the excatly timing. If you are rushing and want to minimise your lose. Then I suggest you can push your lawyer side maybe 1 week follow up 3 time, Monday, Wednesday, and Friday.

The lawyer is buyer one. So somehow I have not much control.

Maybe I will try to settle the rent before mid of Dec to be safe.