Hi guys. I am buying this low cost apartment. Paid deposit, loan already approved, offer letter signed, S&P already signed. But the title transfer and consent got rejected by Lembaga Perumahan dan Hartanah Selangor because they wanna preserve the bumi quota? It's not really clear why got bumi quota since i purposely chose this house due to its being a non-bumi lot. I'm first time home buyer so I really blur about this. My lawyer also not so dependable, kept me in the dark and hesitant to explain further. The lawyer got appeal for the rejection but it has been a few months. Should i just wait it out? What if i don't want to proceed because of this rejection, will my deposit burnt? Your advice is much appreciated

Post the rejection letter here.

LPHS has many tnc for different category of low cost and affordable housing transfer.

As for the deposit, it depends on what are the terms for refund if transfer consent rejected.

This post has been edited by mini orchard: Jan 31 2023, 10:25 AM

suggest go to the JMB/Mgmt office managing the apt to clarify in black & white that the unit you're purchasing is for non-bumi, get a copy & submit to the Lembaga Perumahan dan Hartanah Selangor to dispute the rejection

unless owner/seller is up to something, then it's a different story

okk i'm asking the rejection letter from the lawyer

i don't think the term got stated refund if consent rejected only stated refund if loan not approved

i think you refer to the tnc in the offer letter and not the spa. you signed the spa after getting your loan approved right?

1. the property you are buying is it subsale or under construction/new project ?
2. Get the letter from LPHS and read through
3. Pay a visit to LPHS together with your lawyer and meet the officer who issued the letter (easy way just meet the person who signed the letter)
4. verify with the LPHS officer, ask them to justify their reason and later ask them to assist you in ur case..how to resolve this issue
5. if item 1 ur qns is undercon/new project, then talk to the developer and query why they sell over bumi quota...
6. if item 2 ur ans is subsale, get ur lawyer to show you the land/parcel private search before the transaction was being made if ur lawyer didnt do any search prior signing SPA, ask him/her y nvr advise and do necessary check before advising you....you should be able to gather some info from there, whether its a "bumi lot"(bumi quota and bumi lot is 2 diff things), any additional terms imposed etc

hope it helps...

i'm referring to the agreement to purchase.. stated there the deposit will fully refund if loan is rejected.. but loan now already approved, just the LPHS consent is rejected..

this is the rejection letter.. finally the lawyer clarified that the house is freehold and non-bumi lot.. but LPHS rejected because don't wanna decrease the bumi property possession in the area

The property is a subsale, I just got the letter it just stated rejected due to wanna preserve the bumi quota in the area. The lawyer already sent appeal letter but it has been a few months no response from LPHS

get ur lawyer and pay a visit to LPHS with all the documents including the appeal letter send in earlier, meet the Person in charge who signed the LPHS letter u received...its the fastest way....

Typical subsale spa will include precedent conditions to be fulfilled which includes consent from local authorities. So unlikely Ur deposit will be burnt

Have u go through the strata title? Or still under master?

During the initial developnent, bumi and non bumi quota oredi set. So those bumi unit cannot sell to non bumi. If the first owner is a non bumi, the bumi quota is not affected, unless the first owner is a bumi, sold to non bumi, with some 'payment' and now LPHS wants to revert to bumi unit in subsequent sale.

Another LPHS rule is if a non bumi unit is sold to a bumi, it automatic becomes a bumi unit forever.

Depending how much you want the property, you can personally visit LPHS to seek clarification with the rejection and a copy of earlier submitted appeal letter.

Or terminate the SnP and request for deposit refund based on LPHS rejection letter. Your lawyer should be able to advise you.

Officially, the seller has no transfer right, hence the SnP aborted and the deposit should be refunded.

This post has been edited by mini orchard: Jan 31 2023, 01:07 PM

wheter it bumi or non bumi lot, it will stated in the title

Where is the location you buy ?

First time i am seeing this kind of letter. Appeal is possible, however if unsuccessful get your lawyer to ask for refund. But lawyer fees is burned because the work was done.

This is why many lawyers don't want to do low cost transactions. Fees earn peanuts but so much work.

Seller/owner is a bumi ?

lawyer need to be strong. can settle one. need time also

Usually the SPA will have clause for refund if title transfer fails. And they have to refund within a certain time frame else there will be an interest charged on it. This is what I read in my SPA. If your lawyer is responsible, it should have this section to protect you as the buyer.

what do u mean by have been go through strata title? all i know is havent done the perfection yet

noted thanks for your input

sungai buloh

yes

Har, that explains. Tick-tack

This post has been edited by jojolicia: Jan 31 2023, 08:39 PM

let that be a lesson for me.. not everything can depend on lawyers and agents to do due diligence..

Agent maybe cannot trust so much

However the lawyer... Young inexperienced lawyer? Never check properly for u. U paid them for a reason. Not just for their sign n chop. Seldom do case for rumah selangorku or rumahwip maybe

first of all, is this freehold apartment is categorized as low cost apartment? and freehold transfer does not involve in state government.

Has this low cost apartment built more than 10 years? If not then you will require low cost consent to be transfer under ur name.

ur 2% from agency & 8% deposit from state holder can be refunded as SPA clause will state under title transfer rejection, unless lawyer has released the 10% to seller.

edit* yes u mentioned low cost. If it's build less than 10 years, chance is slim. 10 years + freehold u can buy. Less than that state consent required. Selangor low cost is much more complicated, depends on officer. By right in KL u shud settled already. newbie not advise to touch low cost in Selangor. very strict.

This post has been edited by tongyk: Jan 31 2023, 10:35 PM

yea it's categorized as freehold low cost apartment. I'm also not sure why this involves state gov, i know that the perfection is not done yet so perhaps this is the reason?

the apartment is built more than 10 years already. Yea now only i knew how hard it is to apply low cost in selangor. Complicate the rules and really discourage first home ownership if like this anyway thanks for your advice

I believe this is classified as restricted freehold ie. One Cochrane and Mira Platinum type of development whereby consent to transfer needs be from authorities 🤦

The land tenure of low cost or affordable housing is inmaterial in Sgor. The condition for a transfer must have approval from LPHS when buyer meet all tnc.

There are 5 -6 category of low cost and affordable housing. Even if you are a bumi or first tine house buyer, you may not be eligible for certain category.

Plenty of info in LPHS portal for all type buyers. Doesnt mean freehold, more than 10 years etc, auto transfer.

Yes, state govt has authority to add further conditions in land title during planning approval stage.

Doesnt mean when is stated freehold, is 'open'.or 'free for all'

This post has been edited by mini orchard: Feb 1 2023, 10:00 AM

That's the problem, ultimate approval vest with the authorities and there's no b&w as what's allowed OR not. And lots of unscrupulous developers market it as freehold without disclosing it's restricted eg. Mira Platinum ☹️

Scenario
A bumi can purchase any units for low cost apartments. They are not deemed bumi lot. However, as the owner is a bumi, low cost flats guidelines is that it can only be sold to a bumi again. If you would like to purchase a unit, you would need a unit where the owner is a non-bumi on the title.

Bumi quota, bumi lot, bumi reserved has different meanings to it.

Will it be worded or stamp therein title if its "restricted freehold" ie bersyarat or sort of wordings etc??

This post has been edited by jojolicia: Feb 1 2023, 05:19 PM

If is policy matters, it wont be stated.

Noted. Thanks for replying🙏

I heard recent new projects are implementing the same thing.

The lot that you bought will no longer be tagged as 'bumi' lot, but the 30% quota for the project remains.

Means ah, if one project really have 70-30 proportion, if you wanna buy from a bumi, you will have to wait for another bumi to buy from a non bumi first before you can proceed.

Quite confusing honestly.

In this instant just move on to avoid unnecessary headache

it really is confusing especially for first time home buyer like me. Adding to that with the many requirements for low cost housing at the very least i can gain experience from this.. but problem is my deposit stuck here for very long time, could have invested in other assets making returns

hi guys, just an update, after multiple appeals finally selangor state gov approved the transfer title.. the owner is old and an OKU, he need to sell the house to pay for medical expenses (he got diabetes and stroke).. so my lawyer attach all the proof of his medical condition and his OKU card together with the appeal letter.. so yeah changing the title from bumi to non-bumi can be done, just that a bit hard and under certain circumstance..

Congraz!

Congratulation, bro.

Under this circumstances (this unit), I wonder when the time you need to sell, will this unit be deemed <sort of bumi release>, thus again requiring 'a consent' to sell to a non-bumi?

Congratulation, bro.

Under this circumstances (this unit), I wonder when the time you need to sell, will this unit be deemed <sort of bumi release>, thus again requiring 'a consent' to sell to a non-bumi?