Hi. You may ask me anything related to property (real estate), estate planning and family matters

Hey there

With regards to estate planning, can a will be written up by a lay person, signed, witnessed and still be legally binding when it comes time to execute?

Also, what would be the key points to be considered when it comes to estate planning?

Cheers!

If I want buy a 275k subsale house , how much cash I need prepare ? Assuming I will loan 90%

This post has been edited by MrBaba: Aug 26 2022, 12:34 AM

can, make sure you mention all the essential personal details, including name, address correctly. Key in the full name and relationship of beneficiaries and mention the assets precisely. you can either refer to your assets generally but it is advisable to state the particulars of all your existing properties. Please ensure you have it done in the presence of two witnesses.

subject to encumbrances and the restriction on the property. you may contact me at 010-2967181 for further details

want to ask for strata title subsale
usually how long from
SnP stamp to
MOT stamp to
first disbursement to
second disbursement

Please check your SPA. Normally subsale SPA- the completion period will be 3+1. Pls be reminded not all cases are same.. for some cases, the completion period only commence after fulfillment of conditions if there is any restrictions. So all depends on the circumstances of the case.

Recently I placed 2% booking fee for a property. The seller is foreigner and trying to leave Malaysia for good. Both of us engaged our own lawyer on the spa draft. Going through 1 month+ discuss between both lawyers, both party can't agree on the spa clauses. The seller lawyer refused to agree on paying LHDN 7% when there is profit gain on the property sale.
Seller lawyer sent an email to forfeit the sale.
Currently the agency refuse to give me back my 2% booking fee. Giving different excuses when I chase him. Any way that I can claim back my 2% booking fee? Thank you

In any agreement, if both parties cannot agreed to the terms, then there is no agreement to start with. Both parties have to restore to their original position. Benefits or monies obtained to conclude the agreement have to be 'refunded'.

Instruct your lawyer to write officially to the agency and seller/lawyer stating the reasons to terminate the Letter of Intent to Purchase and request for a refund. Forward a copy to LPPEH that oversee all estate agency practises.

Is the obiligation of the seller to pay his portion on all property taxes from any gain during the disposal. Similarly, the buyer has to pay for his portion on all property taxes arising from the acquisition.

Any refund of earnest monies by estate agencies have to be in writing for record purpose and to avoid later disputes. Consent from seller is norm in agency practise for a refund, otherwise the agency will be liable for any losses suffered by the seller.

This post has been edited by mini orchard: Sep 8 2022, 09:24 AM

since lawyer is appointed, the advice of lawyer is more relevant.

just curious, why not counter suit back the seller as they cant full fill the SPA condition? because the seller is try to avoid paying tax, which is unusual .

Below is the term that the seller lawyer didn't want to agree in the SPA. The seller doesn't allow us to retain 7% from the downpayment. The seller lawyer did sent an email saying they wanted to forfeit the purchase.
"
21B(1) RPGT Act clearly imposes statutory duty on the Purchaser to retain 7% from the Deposit and pay that amount to the Director General of Inland Revenue. The Purchaser is required by law to retain the retention sum, ot is not a matter whether your client agrees or disagrees unless section 13 of the RPGT Act is applicable here.
"
There were several discusses between seller & buyer lawyer for 3-4 weeks. The agent told us that owner refused to pay us back our booking fee because we were delayed on the SPA signing. The agent said that the agency released the booking fee to the seller already, so the agency can't pay us back our booking fee, which we found it unfair. The agency wasn't replying our enquiry also. Only the agent said he will help us chase back our booking fee.
We didn't instructed the agency to release our booking fee to the owner, the agency did it on their own will.

The seller didn't want to agree our lawyer draft on the SPA, that's why we unable to finalize the SPA & get it sign. We even prepared the downpayment.
Currently our hard earned money are stuck, no idea how to get it back.

when you paid booking fee, didnt get official receipt from the agent company? if they paid to seller is their problem, the official receipt is under the agency right

sounds like scammer from the agency

Can you upload the booking tnc letter here. Delete personal and property info.

then dont retain it.

put clause to get seller to indemnify buyer & the buyer lawyer for any penalty imposed by LHDN for not retaining & paying the retention sum.

thats if ur desperate to go thru with the purchase of the house.

otherwise that isn't a valid reason to say that it's the buyer's default for not agreeing to a statutory practice

Vacant Possession but house is unfinished by my developer
currently the issues is with the tiling of the house.
they want me to take VP and claim DLP.
should i or must i take keys or should i reject and claim LAD ?

also they are also claiming some miscellaneous charges from owners before VP
is this normal or allowable ? if its normal what is the charges normally for ? the miscellaneous charges is deduct from booking fee & cashbacks

Hi,

I am a foreigner (not Malaysian resident). The property I plan to purchase is a mixed development, strata title. My confusion is that the developer is putting the SPA selling price as 980k, the bank accessed the market price to be 740k (for loan purpose), and the agreed purchase price is 730k. The agent said 980k will be mentioned on the booking form and the SPA form. My questions are:

1. Why would the developer put such a high SPA selling price when the purchase price and market price are much lower than that? The developer does not plan to change the SPA selling price.

2. Because there is huge difference between the SPA price and market price, does that raise a red flag in terms of the property? Is there something wrong with the property, is no one buying the property? The property was constructed in 2015 and has been vacant since (for 7 years). The agent said the unit was initially allocated for bumi but is now released to non-bumi and foreigners which is why it was vacant so long.

3. The booking form I have been asked to sign indicates 980k as purchase price. And a separate calculation form showing the discounts and rebates showing 740k purchase price. Since my SPA form will not show the actual purchase price, is the calculation form considered a legal form for future purposes, if needed?

Being a foreigner I am not able to find much resources online, so any advice or help will be very much appreciated!

Thanks.

1. Depending on which state you purchase the property, a foreigner buying any property in malaysia shall be subjected to tnc of each state. Each state has their minimum purchase price for foreigners, the type of property etc.

In order for the developer to sell it to you, he must meet those conditions, hence MAYBE the 980k.

2 If you are worried about the property in terms of the two below ....

i) Legality ... engage a lawyer to check on those matters before signing the SPA.

ii) Condition .... engage a property inspector to prepare a report. You need the permission of the developer to access the unit for an inspection.

3. SPA is the legal document recoginsed in msia for a transaction of sales and purchase of a property. Any terms in the booking form can be included in the SPA subject to both parties agreement. Your purchase is not under the Housing Developer Act rule since it is a subsale of a completed unit albeit from a developer.

For your added info, all legal fees, government duties and valuation fees are based on % of the SPA price and Loan Agreement.

This post has been edited by mini orchard: Oct 9 2022, 06:29 PM

My friend signed her SPA and loan 4 months ago, and he was told that he would receive his key within 3 months.

Every time she calls the lawyer, the lawyer will tell him that they are in the process of stamping loan documents.

It is normal to take such long time to stamp loan documents?

Is difficult to comment with limited info.

I bought an auction unit in April this year and loan fully disbursed in June. I just received the keys from the developer last week.

Some sellers or developers are strict with handover unless documentations are completed.

Visit the lawyer office and ask for latest status and post here. Phone conversation cannot always solve problem

#1. This property is in Melaka and the purchase price of 730k fulfills the minimum foreigner requirement of 500k. I was told that since it is purchased directly from developer they will put their own SPA price and terms where buyer cannot make any ammendments. Is that correct?

#2. I found this about bumi properties "...A purchaser should also keep in mind that a “released” Bumi Lot does not make it a non-Bumi Lot. Meaning that once the non-Bumi owner of the Bumi Lot chooses to sell to a non-Bumi, he will have to reapply for the Land Office’s consent for transfer of ownership...."
But I was told by the developer lawyer that the above only applies to landed properties. The property I am buying is a strata/non-landed property and I will be issued a strata title or Issue Document of Title. According to the lawyer, in Melaka, a strata title will not indicate bumi or non-bumi. Is that true? Does that mean I can sell to non-bumi in the future without any state consent?

Thank you souch for your advice.

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.

Deleted.

This post has been edited by milyk: Nov 26 2023, 06:13 PM

4 -5 months.

if you have no loan, then 3 months max.

Serious? It will still take so long one? Tot 3 + 1 only?

If u have loan, and ur bank delay, what to do.

u refer to buyer side or seller side?

seller side delay.

how would seller’s side bank delay?

They dun allow the loan to be cleared?

sometimes have delay one la.

seller bank have 2 times to give document

once is the redemption statement (to state amount outstanding)

2nd time is to return original title / security documents

both times usually take 2 weeks to send to lawyer, but sometimes some banks may take longer. not every bank u can call n follow up.

hence usually subsale case with loan, estimate 4 months to complete. if the stars align and no side delay (you're talking about seller bank, LHDN, Land office, Seller lawyer, buyer lawyer, loan lawyer) then 3 months sometimes is possible.

normally if things from seller side delay, will extend the due date caused by the delay. better u ask ur own lawyer explain to u

This post has been edited by hanhanhan: Dec 3 2023, 09:33 PM

Hi everyone,

Hopefully fellow forumer able to assist as I would like to get advise or opinion on tenancy issue

Long story short, tenant have outstanding rent for a long time & owner do not have tenancy agreement with tenant

I would like to know:

1) Can owner pursue through legal means although do not have tenancy agreement?

2) How long is the process to obtained eviction notice?

Thank you very much

Hi boss, if double property transfer is made under auction sale, who pays the tranfer fee ?

2nd purchaser pays for both or only the transfer from 1st purchaser to 2nd ? Thanks.

Both transfer born by Auction unit winner.

Example spa 1m
Auction win price 500k

So 1st transfer based on spa
Second transfer based on winning price or market value valuation.

Better make it faster, double transfer take longer time to process, so hope you can done it within 90 /120 day to avoid the late payment charges

Thank you for the explanation

I am planning to buy pre launch landed shoplot with individual title from developer.

Currently, they offer special rebate with condition i must presign the spa, paying rmxxk and declare as cash buyer pending they obtain the authorities approval. After they get authorities approval only they can get end financier and only i can apply for loan approval. Once my loan is approved then only spa is stamped

My question are :-
i) Why i need to declare as cash buyer when presign spa?
ii) Any risk that my booking will be forfeited if i cant get the loan because i cant pay the progress payment later

Thank you in advance if someone can assist me.

This post has been edited by scongi: Jan 15 2024, 04:29 AM

Individual title house. Neighbour house leaking to my house and refuse to repair. What can i do and what i need to prepare?

ex JMC spent RM40k on an AGM.

From unaudited account, a quarter of the fund went to legal firm who conducted the AGM. The rest were spent on renting aircond, canopy, chairs, food catering and etc.

Such spending is really unnecessary and triggered a big question mark among the owners, but what can we do against the ex JMC for misappropriating the funds?

Hi, I am MyPR holder; my wife blue IC. Can i buy a house using her name but combine the loan?