First of all, apologise if I posted on the wrong section, moderator please relocate or advise where I can post this. I’ve been on lowyat for few years now as a silent reader who has nothing much to raise other than keeping up with interesting property topics here. But now I finally have one, one that could post updates for years if things get so ugly.

This long post is intended to raise buyer awareness and to locate other victimised house owners of Taman Sejati Ujana middle-cost apartment in Mile 7, Sandakan, Sabah. I am one of the unlucky owners.

Around 10 years ago, I purchased from this developer Wah Mie Group inhouse agent, Stephanie Hiew (now MIA) for my parents during my first job in KL. It was sold at a listed price without discounts or rebate (FYI I’m not a bumi) Despite all the bad workmanship and low-cost-alike maintenance, I have to say the house still left some good ol’ memories of my now passed away dad.

Now that we have relocated my mum to KL, and after couple of pandemic years, I decided to sell it earlier this year in February, clearing any outstanding utilities and maintenance fees with the developer. I was supposed to sign SPA at the end of May, and it was during the signing day that we were informed by the law firm that my unit is not sellable after they conducted a due diligence. Reason: it was found out that the unit was a bumi lot which was not convertable to non-bumi as a first purchaser.

I had no idea that all these years I had bought a bumi lot because I was never a bumi! I was also told that the developer was made aware of the issue a month earlier, hence the reluctance and delay in responding to the law firm during the agreement preparation process.

I immediately called Wah Mie who at first denied any mistakes and kept asking if I am a bumi, which of course I reaffirmed as no and asked how could they sell any bumi lot to nonbumi without any approval and application for conversion from Land Office. If their appointed law firm had done any due diligence, shouldn’t they be able to find out as well 10 years back and stop the selling? To which the developer only replied to confirm that my unit is indeed a bumi lot (and still) and they are finding “solutions” to waive the restriction.

I believe gurus here will also know that bumi lot is not simply transferable by just applying to Land Office to clean a developer’s mistake. Fast forward 4 months, nothing has been done by Wah Mie, who is still maybe waiting for miracle answer from Land Office. I have currently engaged a lawyer to initiate legal action as I live in KL and even as much as I like to walk into their sales office every day to haunt and chase them, it was not feasible. And I’m not one to sit for miracle, not even one willing to be bullied by any developers. The latest update I had from my lawyer was that I wasn’t the only one being misled to buy a bumi lot without our knowing, and there could be 30+ more waiting in silence. As far as I know, none of us could never hope to sell our house and worse, not even sure if we own the house since the developer did not sell a legally status unit in the first place.

So here’s the shoutout. If you are or know any owners of Taman Sejati Ujana apartment who might be in the same unlucky boat, PM me to start connecting and see how we can help each other. I can also recommend my lawyer to represent more of us. If you are any gurus familiar with Sabah property law (it’s slightly different from peninsular here), also appreciate your thoughts and opinions.

P/s: Currently, I’m still serving the loan and feeling like I was getting penalised for someone’s else mistakes.

This post has been edited by c.nicholas: Sep 17 2022, 03:23 AM

why is it non transferable?, normally from a developer POV, if bumi lot remain unsold, it can be sold to non bumi, in your case, it seems like the developer did not bother on this criteria

Get your lawyer to appeal several times to Land Office. Normally after several appeals, it can convert to non bumi. Lawyer will justify it. I too had similar issue from auction unit.

I never get answer from them. They confirmed that they have sold me a bumi lot by mistake, but no further communication on why and how to resolve until now. This is one of the reasons why i make the issue public now because it’s getting more hideous

Right now we can’t do anything because the developer did not apply for any conversion in 5e first place when they sold a bumi lot to 1st buyer who is a non-bumi, without any disclosure to me or Land Office. Converting a bumi lot to non bumi is already more complicated in Sabah, it gets double complicated when the developer missed the first step. I only know huge penalties might apply, and this not even guarantee a conversion.

Also the question now is the developer is the one who made the mistake, they need to rectify and not pushing the problem to unaware buyers like the unlucky me

developer don't care now. best and fastest is your lawyer appeal. Mine too was a bumi lot, they go auction but didn't state it even after I won it. Only during loan release only found out, end up loan delay to release as lawyer need to appeal 2 times. Then only success. That is why I recommended to appeal rather then forced developer to settle it. If you still insist developer to resolve it prepare to wait few years.

I doubt the current buyer is willing to wait for the appeal.

If you think chances are low for conversion, I suggest you find a bumi buyer for a lower price and then sue the developer for the price difference.

Glad to hear a successful case here. Thank you for sharing, butthead. Really helpful to raise awareness for future buyers. While I’m suing the developer, I’ll still check on this suggestion with my lawyer.

You’re right. The deal is off. No one’s going to wait for your problem, the buyer only wants to get a house. Right now, I can’t even submit any application or do anything to the house, cos the house status is under dispute, as well as my status of ownership.

Dont forget to include the lawyer doing the SnP in your legal case as he is also partly to be liable for negligent.

Btw, it the title issued ?

Negligence. You’re very right. Thanks for the reminder!

Nay, no title issued yet after 10 years. But I remembered they asked for MOT fee few years back.

come to think, it seems is involved with Land Office. I'm not sure can bring this issue to KPKT

Thought of this, unfortunately kpkt power only covers semenanjung n labuan

Sad to say, they did not comply to the requirement to release bumi lot, if the developer still exist, you can sue them for many reasons under breach of contract, most of the time, ppl try to look for resolution as lawsuit is expensive and developer managed to escape.

I think you should make a police report and also a report with MACC. This is not a simple case of mistake. How can a developer claim this to be a mistake when the unit is meant to be a bumi unit but still got it transferred to you at the relevant agencies. Sounds fishy no? Bring it issue up to your local MP (election is near, blow this issue up on soc media). Heads will need to roll.

Your problem sounds complicated as it is in east Malaysia and the solutions may differ. Has your strata title been issued? My guess is not yet. Here in peninsula, the problem is mostly for leasehold property whereby you need to apply for state consent, the state will reject if sold to non bumi. Need to appeal a few times and then can solve problem but may have to pay the bumi discount back to state. If freehold, the bumi status cannot be controlled by state government anymore, can sell to anyone thus freehold property has a premium. Looks like developer had a bumi quota but cannot find enough bumi buyers, thus sold to non bumis, happens a lot because bumi quota can be 50%. But i think that in east Malaysia, there are plenty of bumis as children of mixed marriages can have bumi status and they don't even need to be a muslim as many bumis in east Malaysia are of other religions. Keep looking for a bumi buyer and pray. At the same time take legal action.

look for Sandakan MP to help you?

I’m wondering how come the financiers lawyers also missed this?

They do still exist, and still launching new projects. Wah Mie is not an unfamiliar name in Sandakan, but how they operated by selling non-converted bumi lots to non bumi lots i have no idea. They claimed to be waiting Land Office to conversion, but i doubt LO will layan them since they failed to abide to the first principle: bumi lot sell to bumis.

Hmmm… I’m not very sure if “missed” is the right word if I wasn’t the only one kena

Hmmm… yea, might try to if I can find other buyers along. Just wonder where are they so silent.

Does MACC cover property dispute too?

But thanks, yeah will rolllllll their head. Looking for local media to blow this up too if they still hide in the cave.

The last I checked, I can’t sell still even if I could find a bumi buyer. Because the developer did not comply to the 1st step, 1st owner of the bumi lot must be sold to bumi first, afterwards belakang macam mana subsale can apply for conversion. At least this is how it works in Sabah, not sure other states. This “ Looks like developer had a bumi quota but cannot find enough bumi buyers, thus sold to non bumis,” - I also think so So if i stay silent, they will keep doing it to other projects and buyers.

Yes totally support your opinion that they are waiting for conversion (LO won't layan), there is no such thing, they are suppose to get approval when, non bumi lot is sold out, and bumi reserve lot remained unsold over a period of time, then only it will be sold. As a Sabahan myself, I have seen enough of apathy in Sabah.

I saw Penang property also like that, first they will reserve bumi lots, then if after some period still vacant then it'll be opened to non bumi buyers. Wow thanks for the sharing eh.. next time have to be very cautious on this... those black hearted developer only thinking bout themselves

Ha ha ha

Because if you default on your loan now - technically the bank is screwed - that is assuming that it is difficult to sell a bumi unit in Sabah.

Having said that your recourse against the lawyer in Sabah may be limited.

For starters I think the limitation period in Sabah for action in contract and tort is much shorter I.e 3 years as opposed to 6 years in peninsular malaysia.

Dev need to seek release, convert to int title before selling to non

Sorry for your predicament. My quarter cent advice, you can't undo whats done (dealing directly with land office, even via a lawyer).
The case is very obvious, appoint a good lawyer to redress this with damages and lost of opportunity cost. Keep your recent cancelled SPA on record. Present it to your lawyer.

Your lawyer will know what, parties reliable in his/her court papers.

On your side, just be prepared for the time factor.

Good luck, to me this is your only route. You can't even get your MOT (title) to begin with and any one point.
Talk to the professionals, don't wait for an answer from the dev to you. They will answer to your lawyer.

This post has been edited by jojolicia: Sep 20 2022, 08:59 AM

yep that is the actual process when the bumi lot could not be sold off, TS punya case is, a verbal assurance only

Hello fellow Sabahan, do share with your family and friends to spread the awareness. Don’t let any crooks think we won’t speak out or take action. We can be better than our zaman “fixed deposit” generation

Yea, even if if doesn’t happen to you (finger crossed never) it’s good to have awareness and share the experience. I will post the case progress here from time to time

Can’t even actually call it “assurance”, when they committed the unethical selling in the first place, they didn’t even bother what would happen to the buyers when we try to sell it one day… and now trying VERY hard to ignore and cover after admitting the mistake. Hardly an assurance

Thanks for the advice, jojolicia. Will note to the cancelled spa. Yea, have appointed a lawyer to get on a proper legal process. The dev hasn’t been really layan my lawyer as well, so yea no point waiting for an answer. Leave it to the law in good faith. Will keep posted on the progress here from time to time.

Nothing much to share lar, u and I know that Sabahan about Sabahan's weakness and problems. Concerning your appt, it is consistent over here that it's best to appeal before taking legal action which will be costly and lengthy.