Rumah Kami Syurga Kami - Part 2: Did you know

Salam semua.

Sambung balik dari previous entry here, MDF pun dah setuju nak beli rumah lelong tu and kami sama2 setuju dengan unit yang kami nak. Maka bermula la misi 2 minggu yang mendebarkan bagi aku. Bagi dia aku tak pasti la pulak because his part basically ended on that point when he agreed.. Except I make him pay the installment until today. Hehehe

Beli rumah lelong ni bukan la secara tiba2 saja aku pandai dush nampak iklan terus beli walaupun dengan izin Allah iklan rumah kami tu secara tiba2 saja muncul depan aku. I've blogwalking on properties and auction properties blogs, read their experience, read their guides and advises. Worth to mention that as everyone else, i've also google auction properties website, tengok2 rumah yang ada untuk di jual, tengok harga, tengok location, tengok size, tengok freehold or leasehold, read reviews on the locations as well as readings personal finance books such as 

• Winning At Property Auction by Azizi Ali
•  40 Questions You Should Ask Your Lawyer Before Buying A Residential Property in Malaysia by Khairul Anuar
• Ke Mana Wang Anda by Hajah Rohani Datuk Hj Mohd Shahir
• Millionaires are from different Planet by Azizi Ali which made me realise obviously I'm an earth creature duh..!

to names a few, all before i even met MDF. MDH now.

By readings those books it doesn't make you a master in properties yet but it'll definitely give you some insight and what to expect on your big decision as it does to me. You may reads other latest on the shelves books and probably discussing over the current social media platform whatsoever but the ideas is that you must have the basic knowledge about what you are going to do. Because honestly for me, between buying an auction property, subsale property or under con property, auction is the most riskiest followed by under con then sub sale. 

So now, what do you need to have in order to bid in an auction? 

Oh ya, I forgot to mention, you may also acquire the professional services of any REN (Real Estate Negotiater) ataupun bahasa melayu nya property agent, if you'd preferred to. A REN can consult you based on your taste and preferences, locations and most importantly financial abilities. They definitely have more network and more properties in hand which currently up in the market though. They'll definitely charged you a sum but if you're happy with it, why not. My advise, after your talks to them, listen to their recommendations and visited the house, trust what your little heart has to say to you about the properties. After all, its your income that'll be forked up to own it.

My experience, I've done literally everything on my own for this house. Through that, I've acquire invaluable knowledge that are worth more than just readings hundreds properties books. So, here is the three items you needs to be able to bid on your own:

1. NRIC (National Registration Identity card)
2. Duit (in Bank Draft form of course)
3. Proclamation of Sale (get it from the Auctioneer)

Contoh Proclamation of Sales

If you have these three items and you understand the term, thats it you're good to go. 



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In real life, it is more complicated than the above. You must consider the followings issue:

1) I'm against buying auction property with people reside in it. Its difficult to get them out no matter what. I've got personal and horrible experience which happen to my nearest family member on this and my apologize to them for what they've been through.

2) Your very own financial positions. Unless if you are definitely from "another planet" and you really die die want to purchased the property in cash. But if you're like me, buying properties to make a living while enriching the Rothschild capitalist, you'll definitely have to observe a few more things:

• Are you in the position for a good credit approval?
• By that, you must know what make a good credit approval score/benchmark? Hint: Talk to your banker in advance
• Are you bidding the property within your credit limits?
• Do you prepare extra cash for difference of 10% deposit if there is another bidder?
• Do you prepare another cashcow jar for other expenses such as the legal fees, valuations fees, stamp duties, MRTA/MRTT if not included in your loan (i've experienced that in later years). And if you're buying non landed properties, the outstanding settlement of the maintenance fees, sinking fund, quit rent and assessment fees if the terms dictates so.
• Do you have alluring back up cash to supports the credit applications? 
• How is your credits history looks like? There are cases where even if you're not meeting up your internet bills expectations might cause you your credit evaluations. The CCRISS, the CTOS, etc.

3) What is the current market value of the property? You may get the value by asking any banker to check with their panel valuer. If possible, get three banker from three different bank to check for you so that you get to know roughly how much is the MV of the properties. If you are the successful bidder, just submit your loan to them. Not only it'll help in their target, they'll also half done their task already.

• Why do I need to check MV?

So that you didn't purchase at price above market value. Not only you'll get into trouble upon submitting your credit application but honnneeeeeyyy...! what is the point of bidding at auction property if you're paying at par or above the MV? Daaa!!  

• Can they auction properties at higher than MV? 

Of course! The Reserve Price will definitely be lower than MV, but if the property is a burning-hot-worth-die-fight-for property you may eventually get lost in your battle with another 6 more agents by not putting up your ceilings price. 

• Will they not telling me that the property is now bidding at higher than MV?

You guess? The higher the property being auctioned at, the higher is the auctioneer comm i think.


Listen here peeps,


Item no 2 is very very very very important person in the case of auction property. I'm not implying that you have no monies to buy the auction house. I'm stressing out item number two so that it'll save your butt in the next 90 days or 120 days. 

You see, there is this 2 clause in the Proclamation of Sales which cringed me every time I look at them. 



First clause
 
 “Immediately  after  the  fall  of  the  hammer,  the  Purchaser (other  than  the  Assignee  if  it  is  the  Purchaser) shall  pay  to the Assignee, the difference between the deposit pursuant to Clause 5 above and the sum equivalent to 10% of the successful bid either  in  CASH  or  BANK  DRAFT….”

“In the event the Purchaser fails to pay a deposit equivalent to 10%of the successful bid or fails to sign the Memorandum, the deposit paid pursuant to Clause 5 or Clauses 5 and 6 herein shall be forfeited by the Assignee and the property may be put up for sale again…..”

Second Clause

  “The balance of the purchase price shall be paid in full by the Purchaser to the Assignee or to the Solicitors within one hundred and twenty (120) days from the date of the auction sale by bank draft or cashier's order only drawn in favour of XXXXXX Bank Berhad. The period of 120 days will not be extended by The Assignee unless….”

“In default of such payment of the balance of the purchase price within the time and in the manner stipulated in Clause 8 above, the deposit paid pursuant to Clauses 5 and 6 above shall be forfeited by the Assignee and the property may be put up for re-sale……”

'

Bear in mind, the above clause was neither bold nor highlighted in the Proclamation of Sales. It looks exactly like other letters in there and they print it in tiny size too! I purposely bold and highlight for you to clearly see what are you actually dealing with. 


Faham tak? 

Ok, macam ni, lepas jer tukul tu dah di ketuk and auctioner cakap tahniah, kamu kena bayar jumlah beza antara deposit yang asal dan deposit atas harga menang. Sebagai contoh, katakan rumah A di lelong pada harga RM200,000 dan kamu yang menang dah buat bank draft jumlah RM20,000 (10%). Tetiba ada plak mamat ni mati-mati lawan bid dengan kamu. Kamu pun tanak kalah, mati-mati nak jugak menang rumah tu. Maka menang la kamu pada harga RM300,000. Deposit 10% ialah RM30,000 kan? Tadi kamu baru prepare bank draft kamu RM20,000 kan? Jadi sebelum sign Memorandum of Purchase tu bayar lah lagi RM10,000 secara tunai atau issuekan cheque. 

Apa jadi kalau tak boleh bayar RM10,000 tu masa tu? 

Duit yang RM20,000 tu kira hangus dan bank akan lelong semula rumah yang kamu nak menang sangat tu. Menangis tak berlagu la.... Duploh ribu sikit? bak mai sini RM20,000 tu kasi sini...kah kah...

Sama la dengan situasi dalam clause ke-2. Dalam masa 90 hari @ 120 hari kalau loan tak di luluskan bank dan bank yang lelong tu tak dapat duit baki. Duit yang berjumlah RM30,000 tu pulak akan kira hangus dan bank akan lelong semula rumah tu.

Jadi kalau berada dalam situasi clause di atas apa nak buat? Deposit dah bayar ni, Bukan calang2 duit simpanan 3-4 tahun nak beli rumah takkan hangus jer? Haaaa....... sebab tu la penting nya item no 2 itew....


Again, make sure your name is clear, make sure your spouse name is clear (in case of joint loan), make sure your income is sufficient for the credit scoring, check your name dengan CCRISS and CTOS kalau perlu, even you yourself should know kalau kalau ada hutang credit card tertunggak, ada hutang beli peti ais tertunggak, hutang kawan sedara mara guna nama buat loan, hutang yang you jadi guarantor saja and the borrower pulak default. As long as its there, the creditor will take it as it is. Hu hu.....

In rare cases, terpulang atas budi bicara bank (at bank sole and absolute discretion) yang melelong tu samada nak pulangkan deposit atau tak. I've witness one,  whereby bank refund half of the deposit not because loan pembeli tak lulus but because of very very rare case.... huuuuu...... 

Andai kata rumah tu successful bid at RM400k, deposit RM40,000 pulang separuh RM20,000 kena tolak lagi fees oleh lawyer yang buat tuntutan refund lagi, tinggal balance kat pembeli belas-belas k jer... tu pun pembeli dah melompat sbb belas-belas k pun sapa nak bagi kan?





Fuh panjang betul entry ni, bersambung la lagi....