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 Title transfer and consent got rejected, due to preserving bumi quota

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TSiammasivers
post Jan 31 2023, 09:27 AM, updated 3y ago

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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 icon_question.gif
TSiammasivers
post Jan 31 2023, 10:35 AM

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QUOTE(mini orchard @ Jan 31 2023, 10:10 AM)
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.
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okk i'm asking the rejection letter from the lawyer

i don't think the term got stated refund if consent rejected doh.gif only stated refund if loan not approved mega_shok.gif
TSiammasivers
post Jan 31 2023, 12:28 PM

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QUOTE(mroys@lyn @ Jan 31 2023, 11:12 AM)
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?
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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..
TSiammasivers
post Jan 31 2023, 12:34 PM

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QUOTE(mini orchard @ Jan 31 2023, 10:10 AM)
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.
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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

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TSiammasivers
post Jan 31 2023, 12:40 PM

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QUOTE(dotaboyy @ Jan 31 2023, 12:26 PM)
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...
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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
TSiammasivers
post Jan 31 2023, 08:35 PM

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QUOTE(gks @ Jan 31 2023, 12:54 PM)
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?
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what do u mean by have been go through strata title? all i know is havent done the perfection yet

QUOTE(mini orchard @ Jan 31 2023, 01:06 PM)
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.
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noted thanks for your input notworthy.gif

QUOTE(Antiexunited @ Jan 31 2023, 02:36 PM)
Where is the location you buy ?
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sungai buloh

QUOTE(jojolicia @ Jan 31 2023, 04:40 PM)
Seller/owner is a bumi ?
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yes
TSiammasivers
post Jan 31 2023, 08:49 PM

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QUOTE(jojolicia @ Jan 31 2023, 08:38 PM)
Har, that explains. Tick-tack
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let that be a lesson for me.. not everything can depend on lawyers and agents to do due diligence..
TSiammasivers
post Feb 1 2023, 09:18 AM

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QUOTE(tongyk @ Jan 31 2023, 10:31 PM)
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.
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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 sweat.gif anyway thanks for your advice
TSiammasivers
post Feb 2 2023, 04:43 PM

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QUOTE(thenazek @ Feb 2 2023, 11:25 AM)
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.
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it really is confusing especially for first time home buyer like me. Adding to that with the many requirements for low cost housing rclxub.gif 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
TSiammasivers
post Mar 10 2023, 10:50 AM

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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..

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