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Mastering Sub-Sale Procedures: Convincing Advice for Trouble-Free Real Estate Deals (Part 2)



Subsequently, what should the Purchaser’s Solicitor do during the rest of the sale and purchase procedure?

  • Assuming there are no restriction-in-interests on the property, the Purchaser’s Solicitor will normally submit the Memorandum of Transfer (“MOT”) for adjudication once the Purchaser’s housing loan is approved.

  • Once stamp duty has been paid and the MOT is stamped, all the necessary documents will be forwarded by the Purchaser’s Solicitor to the Loan Solicitor.

  • Please bear in mind that the Purchaser’s Solicitor will need to forward the registration fees of the MOT to the Loan Solicitor to enable them to register the MOT at the land office.

 

Consequently, what should the Vendor’s Solicitor do during the rest of the sale and purchase procedure?

  • Assuming that the redemption statement is settled by the Purchaser’s financier, the Vendor’s Solicitor will have to request the original title & relevant documents from the existing financier together with the discharge of charge form (“F16N”) for their execution.

  • The existing financier will then return the original title, relevant documents and the F16N to the Vendor’s Solicitor.

  • The Vendor’s Solicitor will then need to stamp the F16N and forward the original title and other relevant documents to the Loan Solicitor.

  • Please bear in mind that the Vendor’s Solicitor will have to pay the registration fee for the discharge of charge.

 

Thereafter, what should the Loan Solicitor do during the rest of the sale and purchase procedure?

  1. If the Purchaser obtains a loan to finance the purchase of the property, the Purchaser’s Loan Solicitor should issue a letter to the Purchaser’s Solicitor once the loan has been approved and request a letter of undertaking.

  2. The Loan Solicitor will forward the loan document to the financier for them to execute.

  3. After the loan documents are executed, the Loan Solicitor will submit the Facility Agreement (“FA”) for adjudication.

  4. Once the FA is stamped, the Loan Solicitor will then advise the bank to release the facility for the redemption sum of the Vendor to be settled.

  5. After the redemption sum has been settled and the F16N stamped, the Loan Solicitor will submit the Charge document (“F16A”) for adjudication.

  6. Upon receipt of the original title and relevant documents from all parties, the Loan Solicitor will then proceed to register the discharge of charge (F16N), charge (“F16A”) and MOT (“F14A”) at the relevant land office.

  7. Upon registration of the aforementioned, the Loan Solicitor will then advise the bank to release the balance of the facility.

  8. After the title has been successfully registered, the Loan Solicitor will collect the title which now registers the Purchaser as the registered owner of the property from the land office and forward to the financier the original title (The Purchaser will get a copy of the title) and the duplicate charge. Please note that the original charge will be held by the land office.

 

When will Vacant Possession be delivered to the Purchaser?

It depends on the terms of the SPA however it is common practice for the Vendor to deliver vacant possession 3 to 5 days after the balance of the loan sum is released hence full payment of the balance purchase price. To emphasize again, it will depend on the terms of the SPA signed by both the Vendor and Purchaser.

 

When is the cut-off date for the utility bills and outgoings of the property?

On the day where the vacant possession is delivered to the Purchaser. Any outgoings prior to the date vacant possession was given shall be borne by the Vendor and any outgoings after the vacant possession date shall be paid by the Purchaser.

 

What is the Apportionment of Outgoings?

Apportionment of Outgoings is where the payment of utilities (e.g. water bill, electricity bill, sewerage, etc) or any other outgoings (e.g. quit rent, assessment, maintenance, etc.) of the property are calculated/divided between the parties.

 

Must the Purchaser request his/her Solicitor to assist with the change of ownership for the property (e.g. TNB, Syabas, Local Council)?

It is optional. The Purchaser can request their Solicitor to do the necessary to change the ownership of the property or they can do it themselves.


For more information about any sub-sale, you may request a free quotation for legal fees from us today.

Please feel free to click this link: https://wa.me/60182886525 or contact us as below:-

 

 

Messrs. Donny Wong & Co.

📌: D2-U1-3 & 3A Solaris Dutamas (Publika), No. 1, Jalan Dutamas 1 50480 Kuala Lumpur

📞: (Conveyancing & Banking) +6011 1628 1943| +603 6420 1294

   (General) +6018 288 6525


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Legal Disclaimer


We trust that you have gained some information from this article. If you have any specific questions related to this article, please contact us at askdwc@dwc.com.my.


The article posted is for general information purposes only and should not be construed as legal advice. Facts and circumstances differ from case to case. Please consult your lawyer for specific legal advice and action to be taken.

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