Home / Malaysia Real Estate Law / Buy/Sell a House, Landlord/Tenant, Mortgage & Commercial Matters URGENT!! Developer Didn't Paid the Quick Rent for Master Title Developer Didn't Paid the Quick Rent for Master Title & Bank cannot disbursement money

URGENT!! Developer Didn't Paid the Quick Rent for Master Title (modified 0 times) Frankie I'm in the process of buying a house. This house is already 20 years but still under master title. Two weeks ago the bank informed my lawyer that they cannot disburse the money because the developer failed to shows the quick rent receipt. After investigated, the developer admitted that they have not been paying the quick rent for a few years. Question, 1) Am I going to loose all my 10% deposit and legal fees? 2) Is the lawyer able to find out if the developer paid the quick rent when they do the land search? 3) As a buyer, am I able to bring this case to Home Buyer Tribunal? Thanks. 01 Sep, 2010 22:59:04

RE:URGENT!! Developer Didn't Paid the Quick Rent for Master Title (modified 0 times) Boring I'm in the process of buying a house. This house is already 20 years but still under master title. Two weeks ago the bank informed my lawyer that they cannot disburse the money because the developer failed to shows the quick rent receipt. After investigated, the developer admitted that they have not been paying the quick rent for a few years. Question, 1) Am I going to loose all my 10% deposit and legal fees? Nope, coz that is not your default. Paying quit rent is under developer obligation. 2) Is the lawyer able to find out if the developer paid the quick rent when they do the land search? Land search normally they do to clarify the right owner, status of land, restriction for the that property only. At 1st stage of land search held by lawyer or any 3rd party such as u, they not ask the land office either the quit rent and "cukai pintu" (diffrent authority and here refer to town planning local authority such as Majlis Perbandaran etc. This is the main mistake conducted by lawyer at early stage, they only collect the receipt of "quit rent" at last stage when they want to present the MOT (Memorandum of Transfer) and charge document at Land office. So the presentation cant be done and make all documents not secured by chargee (bank). That why the bank will not disburse the loan. 3) As a buyer, am I able to bring this case to Home Buyer Tribunal? Yes you can... The above scanerio is always happen especially buying house from subsale (vendor) where the owner not pay the quit rent and "cukai pintu". Thanks. 02 Sep, 2010 07:37:07

RE:URGENT!! Developer Didn't Paid the Quick Rent for Master Title (modified 0 times) Frankie Thanks for your reply. Please see my reply with <Frankie> I'm in the process of buying a house. This house is already 20 years but still under master title. Two weeks ago the bank informed my lawyer that they cannot disburse the money because the developer failed to shows the quick rent receipt. After investigated, the developer admitted that they have not been paying the quick rent for a few years. Question, 1) Am I going to loose all my 10% deposit and legal fees? Nope, coz that is not your default. Paying quit rent is under developer obligation. <Frankie> But my situation is, the vendor is willing to sell the house and the vendor also shows the prove that he has paid the quick rent to the developer. May I know what is the procedure for me to get back my money? And am I right that I cant recover my legal fees? 2) Is the lawyer able to find out if the developer paid the quick rent when they do the land search? Land search normally they do to clarify the right owner, status of land, restriction for the that property only. At 1st stage of land search held by lawyer or any 3rd party such as u, they not ask the land office either the quit rent and "cukai pintu" (diffrent authority and here refer to town planning local authority such as Majlis Perbandaran etc. This is the main mistake conducted by lawyer at early stage, they only collect the receipt of "quit rent" at last stage when they want to present the MOT (Memorandum of Transfer) and charge document at Land office. So the presentation cant be done and make all documents not secured by chargee (bank). That why the bank will not disburse the loan. <Frankie> Then, should the lawyer responsible to my lost? 3) As a buyer, am I able to bring this case to Home Buyer Tribunal? Yes you can... <Frankie> May I know what is the procedure? How effective is the Tribunal to help on this? The above scanerio is always happen especially buying house from subsale (vendor) where the owner not pay the quit rent and "cukai pintu". Thanks. 02 Sep, 2010 08:02:06

Disclaimer - Please Read Carefully

These Bulletin Board pages are intended as a public service primarily to allow non-lawyers and lawyers to share experiences and opinions with other non-lawyers and lawyers. They are NOT intended to be a source of advertising, solicitation, legal advice, self-promotion or disparagement. Lawyerment assumes absolutely no responsibility for postings or their content. Visitors may post questions, comments and replies without prior review by Lawyerment, but we reserve the right to delete any postings (in whole or in part) for any reason at any time.
However, the fact that a posting remains on site NEVER means that it has been approved or endorsed by Lawyerment. By making a posting you are agreeing that the material you post becomes the property of Lawyerment. Lawyerment is a unit of Magnificent Communication. Visitors should exercise great caution when reading this (or any other) Bulletin Board. Be aware that those who post messages may not be who they claim to be. Never to rely on any advice in legal matters except from an attorney you have retained to represent you and your interests. To locate and retain an attorney we suggest you visit our Lawyerment Lawyers' Directory.
Click here to visit Lawyerment.com for 1000's of answers to legal questions. Please read our Privacy Policy and Disclaimer & Conditions Of Use.
Copyright © 1999-2011 Lawyerment.com. All rights reserved