FAQ - Buying A Property

Q1. 99年地契 能否轉為永久地契?

据律師指出,針對將租賃土地轉為永久地契的問題,可以嘗試向土地局提出申請。不過,能否成功率則很難說,根據業者的經驗,成功的機率不大。


Q2. 門牌號碼“14”可否換為“12A”?

档案:
Ms. A提問有關屋子門牌的問題,她說,目前她的新屋仍在興建中,預料將在2011年中之前移交。
她在信中披露,她已經接獲雪邦縣議會的信及完整地址,遺憾的是,門牌號碼是我們最不喜歡的“14”,她在想,是否可以轉換為12A
她的問題是:在獲得鎖匙及入伙紙之前,我能否提出轉換門牌號碼的申請?還有如何與雪邦市議會的人員接洽,以便如願。

答:
針對以上提出的問題,据律師說,可以嘗試向市議會提出申請,不過,即使市議會那方面批准了,還須通過另一關,就是土地局。
在地契註冊為自己的名字時,地契文件也包括註明房屋的門牌號碼。
假如地契註明的門牌號碼不能更改,即使市議會這邊過關了,也於事無補。


Q3. 每月收入多少才能買房子?

档案:
一名大學生,即將在20125月畢業。希望兩年後能擁有自己的房屋,如果我的“夢之屋”價格介於9萬至15萬令吉之間,我的收入應該有多少?

答:
購買房屋產業,至少有一筆首期錢,譬如屋價是15萬,手上須先有15千令吉,就是屋價的10%資金,以便在簽署買賣合約時繳付。
除了首期錢,也必須有一筆數千元的簽署貸款合約、買賣合約律師費。
在申請房屋貸款時,不論數額或比率如何,銀行需要貸款者提呈所得稅繳交數額的徵收單或收據,假如在開始工作2年後,收入相當不錯,而且被徵收所得稅,申請貸款獲批准的機率比較高。
金融機構規定,償還房屋貸款的比率介於收入的三份之一,假如償付貸款的數額是800令吉,收入至少必須有2500令吉。
如果貸款在12萬令吉,供期在15年之間,償還房屋貸款的數目可能在8001000令吉之間;不過最好是請教銀行貸款部的職員,由他們計算會比較準確。
從償還貸款數額來看,即可找出本身的收入應在那一個水平。
銀行之所以限定償付貸款額在收入的三份之一,主要是考慮到貸款者本身尚有其他開銷,避免不會因為其他開銷,影響及每月的房屋供款。


Q4. 99年地契產業 會有後續麻煩嗎?

档案
租賃地契的產業(99年地契)在屆滿時,地方政府可以徵用有關土地,當然會給予屋主賠償;不過,政府不會貿貿然進行,如果政府不需徵用有關土地,產業的繼承人可以提出更新地契申請。
葉小姐說,在今年3月購買了一間中價公寓,是租賃地契產業(99年),但至今仍未收到買賣合約。
發展商披露,買賣合約還在吉隆坡市政局手中,還未簽回來。我問他們:為何要經過吉隆坡市政局,他們回答說:因為那地段的地主是吉隆坡市政局,一定要通知他們。
我的問題是:
1. 假如我拿到買賣合約後,開始供還房屋貸款直到償還為止,那間屋子是否屬於自己,還是吉隆坡市政局?
2. 發展商不是地主,假如有一天地主要收回土地,我們這些屋主是否可以得到賠償?
3. 假如有一天要賣房子,需要等超過5年嗎,手續會不會很麻煩?
4. 發展商和地主不同人的屋子可以買嗎?

答:
在吉隆坡或巴生河流域,許多發展商與市政局或地方政府合作,就是土地屬於州政府或市政局,房屋發展計劃則由發展商推行。
在一些時候,買賣合約需要地主簽名,但是如果拖太多個月,購屋者可以向發展商追問,由發展商跟進。
律師指出,購屋者在日後償還房屋貸款後,加上有了分層地契,分層地契有屋主的名字,屋子當然是屬於自己的。
至於說發展商不是地主,假如有一天市政局要收回土地,那市政府當然需要賠償屋主,將來地契到期了,後代可以申請辦理更新地契手續,多了一些工夫。
如果有一天屋主要賣房子,不論是否超過5年,假如還未有分層地契,需要向發展商尋求批准;同時,也必須向市政府或地方政府尋求批准,不過這些可由律師負責辦理。
購買發展商和地主不同人的房屋,並不成問題,只是在購買後有進行任何交易,必須尋求他們的批准。
另外,要補充的一點是:地契99年的產業,在屆滿時,地方政府可以收回,但有關當局不會貿貿然進行,即使是,也會給予賠償。
其實,不只是租賃地契的產業,地方政府可以徵用有關土地,即使是永久地契的產業,地方政府一樣有權這樣做,只是他們不會隨意進行,一般都是基於發展需要才會做出有關決定。


Q5. 買土著單位該注意甚麼?

档案
張小姐來信指出,我在2009630日買了一間屬於土著單位的單層房屋,至今政府還未批准開放這單位,但我已付了10%的首期錢,以及2千令吉的喝茶錢,並於2002630日簽署買賣合約。同時,申請房屋貸款已獲批准,並簽了合約。
20121月,發展商通知我們要重新簽署買賣合約,原因是他們要換律師,不過至今我還沒簽。
可是,發展商的律師一直以書面通知,我該怎麼辦?發展商告訴我,如果我不要該單位,可以寫信,但10%的首期錢是否能拿回,就要看發展商了。
我的貸款銀行也一直追問我購買屋子進行得怎樣?我打電話問發展商,也問不到什麼結果。
請問:
1. 政府批准開放土著單位,需要多久時間?
2. 如果我取消該單位,可否拿回首期錢,以及已付的律師費,在2002630日訂購時,發展商口頭上說免付律師費,但卻又說簽署新的合約由購屋者來付律師費。

答:
針對這位讀者面對的問題,發展商要負起責任,林若輝律師指出,購屋者可以針對他們蒙受的損失向房屋部做出投訴。

閼於開放土著單位的事項,發展商在推出房屋促銷計劃,如果有一部份是土著單位,他們會在馬來文報章刊登廣告,如果過了一個時候仍未能賣出,他們應該向州政府提出開放申請。
因此,購屋者必須確定發展商是否有向當局提出申請開放土著單位,就是轉售給非土著;另外一點,如果購屋者被迫另簽合約需要付出額外開銷,這一點是不合理的,購屋者可以針對這個問題向發展商提出賠償要求。
關於政府批准發展商開放土著單位,到底需要多少時間,個別州屬的情況可能有些不同,很難說有一個統一的時間。
最重要的是詢問發展商,是否有向地方政府提出申請開放土著單位,假如還沒有,購屋者又已訂購有關房屋,可能會面對麻煩,擁有權就是其中一個問題。


A guide for those getting a home loan for the first time

Posted on  - "The Star" - FeaturedInvestment.
Questions you simply MUST ask when signing up for your first mortgage
To the common Malaysian, there is probably nothing more intimidating that signing up for a home loan to buy a house for the first time.  Not only are you making a financial decision that would affect a good part of your working life; you’ll also need to deal with bank letters of offer that resemble anthologies of alien text, as well as loan officers spewing words like “lock-in period” and “variable rate” with seemingly no intention other than to confuse you.
Unfortunately, being the generally trusting populace that Malaysians are renowned to be, many first-time home buyers end up signing on the dotted line without fully understanding the terms of their home loans.  This could boil down to many reasons: not wanting to look bad in front of the loan officer, literally being pestered into signing, or in some cases, simply being too busy (or lazy?) to read the terms and conditions.
For first time home buyers who find bank terms and conditions too hard to comprehend, here is a list of questions you should clarify with your loan officer before you sign that letter of offer.  Remember: when it comes to home loans, it’s better to be safe than sorry.  What you ask now could potentially save you tons of heartache and regrets many years down the road!
(NOTE: The following list is meant as a guide for first-time home buyers only. We apologise if this is too basic for seasoned home investors.)
Question 1: What kind of home loan is this?
Let’s start off with an easy one.  First, find out if the loan offered is a Term Loan or a Flexi Loan.  To put it in the simplest terms possible: a Term Loan is a standard home loan account, while a Flexi Loan is linked to a current account.  For Flexi Loans, you can deposit extra money into the linked current account to reduce your principle loan amount, or withdraw the extra money you’ve deposited as you see fit.  However, there is usually a fee of RM10 per month to maintain the said current account.
Question 2: What is the interest rate? Is this the best you can offer?
As with any matter that involves borrowing money, you’ll want to keep the loan interest as low as possible.  Based on the experiences of many home buyers in Malaysia, it is a common tendency for loan officers to tell you that “all loan rates are the same”.  However, something as small as a 0.05% difference could yield thousands of Ringgits in savings, so it would be in your best interest to get the best rate!
You can see the various rates available on iMoney’s online home loan comparison table, for example.
You can actually apply for a multiple number of home loans, say three, as long as you don’t sign on the letters of offer.
When the letters of offer arrive, use them as bargaining chips to negotiate for better rates with all the banks you’re interested to sign up with.
Question 3: Is the interest rate fixed or variable?
In Malaysia, most home loans are calculated based on Base Lending Rate (BLR), which is regulated by Bank Negara Malaysia.  Say the current BLR is 6.6% p.a. and the bank offers you -2.4% p.a., it means your home loan is charged at an interest of 6.6% – 2.4% = 4.2%p.a..  You pay more interest if BLR goes up, and less interest when BLR goes down.  This form of calculation is commonly known as a Variable Rate.
On the other hand, some banks may offer you a Fixed Rate, which remains unchanged throughout the loan period. Say you’re offered a fixed rate of 4.2% p.a. in your letter of offer; you’d basically be paying the same 4.2% for the rest of your loan period, no matter how the BLR changes.
As a home buyer, there is really no “golden formula” to determine the better option though many believe that interest rates as a whole are about to increase. So if you get a low fixed rate, it might be good to lock in your home loan at this rate.
Question 4: Would I be penalized for settling the loan early?
Somewhere along the line, you might wish to refinance your home loan, shorten your loan period, or pay it off entirely.  Either way, this requires you to cancel your loan agreement before the loan period in the form of early settlement.
If this happens during the “lock-in period”, you have to pay a penalty. In Malaysia, the “lock-in period” is usually three to five years, although some loans don’t have lock-in periods at all! Penalty charges can range from 2% to 3% of the full loan amount. If your loan package indicates an overly lengthy lock-in period or outrageous penalty charges, you’re better off looking at other banks’ offerings.
Also, take note that some banks start counting the lock-in period from full release of your loan, whilst others do so from the first draw down (i.e. the first time the bank releases a payment to the seller).  Make it a point to go with the latter.
Question 5: Can I pay more than the monthly instalment to reduce my principle loan amount?
Nowadays, banks generally do allow you to make extra payment to reduce your principle loan amount.  For a Flexi Loan, you can do so by depositing your extra funds into a linked current account.  For a conventional Term Loan, you may need to inform the bank a month or a few months in advance.  Whatever it is, make sure this is clearly stated in your letter of offer.
Question 6: Who is paying the loan legal charges?
In Malaysia, taking a home loan involves legal and stamp duty charges that generally include: loan agreement fees (1% for first RM150,000; 0.7% of remaining value of loan under RM1 million), stamp duty (0.5% of loan amount), legal disbursement charges and government tax on legal fees.  For a home loan of moderate value, this easily comes to a few thousand Ringgit.
A tip to those of you who want to avoid paying such legal costs: look for home loan packages that come with “zero moving costs” (which basically means that the bank absorbs part or all of the aforementioned costs and charges).  However, banks generally do so in return for less-competitive interest rate on your home loan.  So, make sure you do the math before you commit.
And there you go!  By asking the questions above, you should be able to ascertain some of the most important terms on your home loan.  As you become a more seasoned home buyer, you may also start asking more complex question such as redraw and overdraft facilities.  But in the meantime, Happy home hunting!
This article comes courtesy of www.imoney.my which compares between the various loans, savings and insurance schemes available in Malaysia.

Buying A Property in Malaysia

1. ELIGIBILITY 

All Malaysian citizens are free to purchase houses within Malaysia save for low-cost houses which can be applied for through the relevant land offices or registries based on the relevant rules for eligibility. 
Houses built on Malay reserved land can only be purchased by Malays. Thirty percent of each housing project is to be reserved for Bumiputra purchasers who enjoy 5% to 8% discount on the purchase price. 
Foreign purchasers are subject to the approval of the Foreign Investment Committee (FIC) of the Economic Planning Unit of the Prime Minister's Department based on the FIC "Guidelines on the Acquisition of Properties in Malaysia by Foreign Interests". 

2. TITLE 

There are two categories of titles:-
freehold - which gives the owner perpetual ownership;
leasehold - which allows the owner to stay in possession only for a specified period. When the specified period ends, ownership reverts back to the authority which issued the title.
Generally, a house is issued a title for the piece of land on which the house is erected; and an apartment is issued a strata title for the specific area on the specific floor of the building in which the apartment or condominium is located. A search can be done at the relevant land offices or registries to determine whether the title is encumbered. If the title has not been issued, a search can be done on the master title on which the whole or part of the housing project is erected. 

3. FINANCING 

Banks and other financial institutions have different packages of housing loan to assist house buyers in their purchase. Pursuant to a recent Bank Negara guideline, house buyers can now only obtain housing loan of up to a maximum of 60% of the purchase price for the purchase of a second or subsequent house. 

Other than financing from a bank or financial institution, the Employees Provident Fund (EPF) currently provides two schemes of withdrawal for its depositors prior to attaining the age of 50:-
for purposes of buying or building a house or a shophouse consisting of a residential unit, depositors can withdraw the difference between the purchase price and the loan obtained plus 10% of the purchase price, or 30% of the total amount deposited in the EPF whichever is lower for purposes of reducing or setting housing loans, depositors can withdraw 30% of the total amount deposited in the EPF, or the amount of the housing loan remaining outstanding, whichever is lower.

4. DOCUMENTATION AND PROCEDURES 

All purchases direct from housing developers must use the Schedule G (for purchases of houses) or the Schedule H (for purchases of apartment respectively of the Housing Developers (Control and Licensing) Act 1996 as the sale and purchase agreements. Payment of the purchase price the said Schedules G and H is by progressive payment based on completion of work as certified by the architects. Payment of the last 5% of the purchase price will be held by a firm of solicitors as stakeholders for the defect liability period, which is currently 18 months from the delivery of vacant possession. 
There are no fixed rules on the form of agreement for purchases from existing house owners (more commonly called sub-sale). However, it is common practice that upon signing of the sale and purchase agreement 10% of the purchase price be paid to the seller, and the purchaser be given 3 months to pay the balance of purchase price with an extension of 1 month if he fails to do so within the first 3 months' period. Interest at the rate of 10% per annum calculated on a daily basis is normally charged for the extension period. Payment of the balance of purchase price is usually made to the solicitors acting for the seller as stakeholders to ensure redemption of the house (if the same is still charged or assigned to a bank or financial institution at the time of sale) and payment of real property gains tax by the seller. 
Other than the sale and purchase agreement, a memorandum of transfer, which is Form 14A of the National Land Code 1965, must be completed to transfer the title from the seller to the purchase. In instances where the title has not been issued, then if the purchase is from a developer, the developer will undertake in the sale and purchase agreement to transfer the title when the same is issued; and if the purchase is through a sub-sale, the transfer will be through an assignment of the sale and purchase agreement between the developer and the seller (Principal SPA) to enable the buyer to take benefit of the developer's undertaking to transfer the title contained in Principal SPA. 


5. STAMP DUTY 

Stamp duty is levied on the document of transfer (i.e. the memorandum of transfer if the title has been issued, or the deed of assignment of Principal SPA if the title has not been issued) based on the purchase price as follows:- 
a. 1% on the first RM100,000.00
b. 2% on the next RM400,000.00 
c. 3% on the nest RM1,500,000.00 and 
d. 4% on the remainder 
(item 32 [a] of the Stamp Act 1949) 


6.LEGAL FEES 

The first Schedule of the Solicitors Remuneration Order 1991 sets out the fees to be collected by lawyers for work done in handling the sale or purchase of house based on the purchase price as follows:-
1% on the first RM100,000.00
0.5% on the next RM4,900,000.00
0.25% on the remainder
For each sale and purchase of a house, the solicitors concerned can only collect fees based on the above scale from either the seller or the purchaser and not from both of them. 

The ever-rising house prices


Highlights:
  1. Malaysia is experiencing one of the lowest interest-rate regime ever, and the status quo is expected to remain until there is more clarity on the national and international front.
  2. As a result of a slow global economy, Bank Negara said last November that it would maintain the overnight policy rate (OPR) at 3% to sustain the resilient domestic demand.
  3. While cost of funding is perceived to be low, house prices remain unaffordably and high with each subsequent developer's launch.
  4. The fact that affordable housing is now priced from RM400,000 onwards is an indication that something needs to be done soon.
  5. The days when a first-time house buyer is able to buy a unit below RM200,000 in the Klang Valley is fast diminishing because developers are building for those who can afford to pay.
  6. Malaysia household income debt ratio is relatively high with 55% of the households are burdened with a third of their household income going towards the payment of their property and car loans.
  7. The number of potential buyers who walked away has doubled the past one year because they are unable to get the amount of loan they need to go ahead with the purchase.
  8. In January, 2012, banks began processing loan applications based on net income after income tax, Socso and other loan commitments.
  9. This has resulted in buyers jointly making a purchase; sometimes with a younger person in order to leverage on the younger person's earning capabilities.
Taken from The Star Online Business, on The ever-rising house prices 

222 Residency, Setapak



                                                      

222 Residency (also known as 222 Residence) is a new condominium in Setapak. The number 222 is derived from the total number of units built, 222 units. It comprises of 28 storeys, featuring 222 freehold condominium units and additional commercial component on the lower level for convenience at doorstep. This freehold condominium comprises only 1 tower with 222 units which have built-ups ranging from 861 sf up to 1203 sf and 6 types of designs to choose from. There are 12 units per floor, and it is served by 3 lifts.
Condominium facilities are provided at 222 Residency, including gymnasium, indoor infinity pool (with KLCC view), Jacuzzi and landscaped garden – which are located on the facilities podium on the 8th floor. Aplenty of amenities can be found in the area. As for schools nearby schools are SRJK Mun Yee, SMK Chung Hwa, SMK Danau Kota and SMKDanau Kota 2, even a Korean School. Nearby higher institutions are TAR College, UTAR and Institut Aminuddin Baki. There are several eateries nearby, including Pizza Hut, Kenny Rogers, KFC, food stalls, and mamak restaurants.



'Viewing Video"


Facilities
Indoor Infinity Pool with KLCC view

Indoor Infinity Pool with KLCC view

                           
Gymnasium
Lobby


Lift
                                 

                           
Jacuzzi




Guardhouse


                  
Car Park


Children's play area

Barberque Area
Bedroom
                              

                                

                               

                                

                                


                               


Dining Hall








Kitchen





 Living Hall



        


View























Floor Plan

Type A

Type B

Type C

Type D

Type E

Type F


Brochure 








                                                               

                                                                   

              


                  


                   







How To Get There





Property Details

  • Name: 222 Residency (also known as 222 Residence)
  • Address: Off Jalan Gombak, Setapak, Kuala Lumpur
  • Developer: KP Property
  • Completion Date: June 2013 (estimate)
  • Type: Serviced Apartment
  • Tenure: Freehold
  • No. of Blocks: 1
  • No. of Storey: 28
  • No. of Units: 222
  • No. of Bedrooms: 2 – 3
  • No. of Bathrooms: 2
  • Built-up: 861 – 1203 sf
  • Maintenance Fee: RM0.15 psf
  • Launch Price: RM288,030 – RM1,147,080
  • Subsale Price: From RM440 – RM520 psf

Facilities

  • Gymnasium
  • Indoor Infinity pool with KLCC view
  • Jacuzzi
  • Children’s play area
  • Function hall
  • Barbeque area
  • Lobby
  • Changing room
  • Landscaped garden
  • 24-hour 4-tier security system with access card
    • Guardhouse
    • Car park
    • Lobby
    • Lift

Analysis

222 Residency is KP’s first high-rise development. Being a well-known contractor for some up-market developments such as St Mary ResidencesDua Residency and Lumina Kiara, 222 residency design is modern and high end. KP is expected to deliver 222 residency with high quality building material as usual. In terms of investment, 222 residency easily targeted for students as it is near to UTAR and TAR. As it is very near to KL city centre, rental income also derived from executives who work in the city centre area.