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

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mini orchard
post Jan 31 2023, 10:10 AM

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QUOTE(iammasivers @ Jan 31 2023, 09:27 AM)
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 appreciatedĀ  icon_question.gif
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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
mini orchard
post Jan 31 2023, 01:06 PM

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QUOTE(iammasivers @ Jan 31 2023, 12:40 PM)
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
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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
mini orchard
post Feb 1 2023, 09:54 AM

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QUOTE(iammasivers @ Feb 1 2023, 09:18 AM)
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 thisĀ  sweat.gif anyway thanks for your advice
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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.

QUOTE(tgeoklin @ Feb 1 2023, 09:46 AM)
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 🤦
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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
mini orchard
post Feb 1 2023, 06:40 PM

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QUOTE(jojolicia @ Feb 1 2023, 05:19 PM)
Will it be worded or stamp therein title if its "restricted freehold" ie bersyarat or sort of wordings etc??
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If is policy matters, it wont be stated.

 

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