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 Ask me anything on legal matters, Subsales, loan, tenancy, will, divorce

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Freezingfireball0 P
post Oct 9 2022, 02:15 PM

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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.
Freezingfireball0 P
post Oct 10 2022, 12:47 AM

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QUOTE(mini orchard @ Oct 9 2022, 05:27 PM)
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.
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#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.


Freezingfireball0 P
post Oct 11 2022, 07:04 AM

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QUOTE(mini orchard @ Oct 10 2022, 06:30 AM)
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
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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.

 

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