Nureen purchased a unit of a three-room condominium together with two accessory parcels known as B51806A and B51806B for RM680,000

Subject:LawPrice:2.85 Bought3

Share With

Nureen purchased a unit of a three-room condominium together with two accessory parcels

known as B51806A and B51806B for RM680,000.00 (the Property) from a housing

developer, Merican Maju Sdn Bhd (MMSB). The master title to the condominium is currently

charged to Halas Bank Berhad (Halas Bank) as a security for a bridging loan granted to

MMSB. Both Nureeen and MMSB executed the relevant sale and purchase agreement on

15 December 2015. Nureen paid RM7,000 to the solicitors for legal fees and disbursements.

Nureen obtained a conventional loan from Bungkus Bank Berhad (Bungkus Bank) for a sum

of RM600,000 to part finance the purchase of the Property from MMSB. Nureen had to pay

RM10,000 to Bungkus Bank's solicitors for legal fees and disbursements.

 

Upon completion of the construction, MMSB handed over vacant possession of the Property

to Nureen on 1 June 2018. Nureen spent RM15,000 for the renovation of the Property.

Nureen also paid RM450 per annum for the fire insurance premium effective from 2018 until

2020.

 

In view that Nureen did not stay in the Property as she has another house in Bukit

Damansara, Nureen decided to sell the Property at the price of RM860,000. Nureen spent

RM1,200 in advertising the sale of the Property in a newspaper. Upon seeing the

advertisement, Nureen was approached by her friend, Shauraa, who is interested in buying

the said property from her. Shauraa, however, offered to buy the Property at the price of

RM850,000 and Nureen agreed. Nureen appointed Messrs Zalman & Associates while

Shauraa appointed Messrs Adam Aidil & Co to act for them respectively. The sale and

purchase agreement (2nd Sale Agreement) between Nureen and Shauraa was executed on

2 July 2020 and Shauraa paid the deposit of RM80,000 to Nureen. The balance purchase

price shall be paid by Shauraa within three months from the date of the 2nd Sale Agreement.

Nureen then paid RM10,000 to Messrs Zalman & Associates for the legal fees and

disbursement while Shauraa paid RM30,000 to Messrs Adam Aidil & Co as legal fees and

disbursements.

 

Since delivery of vacant possession on 1 June 2018, Nureen has not been paying the

maintenance charges for the Property as she never actually lived there. As a result, the

management corporation issued a notice of demand to Nureen requesting her to pay the

said maintenance charges. The said notice of demand also contained a clause which

instructed her not to use the parking bays until the outstanding amount is fully paid.

 

In the meantime, Shauraa's husband, Saad, intends to appoint Daud as his attorney to

manage and develop his land held under Geran 4422, Lot 10, Mukim Kelang, Daerah Kelang,

Negeri Selangor, into a housing project.

 

Answer ALL the following questions separately:

 

a) Assuming that Nureen was not happy when she received an information from MMSB

that she has to redeem her Property from Halas Bank. She claimed that it is unfair for

her to pay and redeem her Property from Halas Bank as the loan was created by

MMSB. Nureen seeks your advice on the matter and to explain how the redemption

process to be carried out. Advise Nureen

 

(This is conveayancing law. Statue : Housing Development (Control and Licensing) Act, 1966 HDA. This question is relating to strata title. )