March 12, 2015

40 Questions You Should Ask Your Lawyer Before Applying Housing Loan in Malaysia


This book of mine is already out in bookstores across Malaysia and can be bought online at my publisher's website since December 2014. My publisher's website can be access here : Book Planet.com.my

This book is the continuation of my other books : 40 Questions You Should Ask Your Lawyer Before Buying A Residential Property in Malaysia, published in 2010; and 40 Questions You Should Ask Your Lawyer Before Buying A Residential Property in Malaysia, published in 2013.

All the Ask the Lawyer series books

I also have the books in Bahasa Malaysia with 40 Soalan Yang Anda Patut Tanya Peguam Anda Sebelum Membeli Rumah di Malaysia being sold as a physical book since 2011 and 40 Lagi Soalan Yang Anda Patut Peguam Anda Sebelum Membeli Rumah di Malaysia sold as eBook. The link to my eBook is aptly named Lawyer Hartanah (Property Lawyer) and can be access here : Lawyerhartanah.com.


I am currently writing the Bahasa Malaysia equivalent for 40 Questions You Should Ask Your Lawyer Before Applying Housing Loan in Malaysia named 40 Soalan Yang Anda Patut Tanya Peguam Anda Sebelum Memohon Pinjaman Perumahan di Malaysia which will be released soon.

Here are some previews of the book :











March 6, 2015

Time to Dig In and Reassess Your Investment

The new year 2015 has brought a new landscape to the investment scenario, either to the property market or the investment market as a whole.
2014 can be called as the year where most investors had expected to make less money but surprisingly, most can claim it was not too bad of a year after all. Most investment funds such as Amanah Saham Bumiputera, real estate unit trust, unit trust and Employee Provident Fund have declared good returns more than what were expected from them. The stock market had climbed to new heights. Property market did return to a semblance of the good old days.
Alas, it didn’t last. By the end of the year, the stock market had turned southward, the oil prices started its sharp decline, the property market started to go soft and the fun is lacking in funds. If statistics are to be trusted, we are expecting 2015 to be a bad year. To add salt to the wound, we are expecting a period of ‘adjustment’ due to the introduction of the Goods and Sales Tax (GST) starting this 1st April 2015 in Malaysia. The words ‘uncertain’, ‘not going to be much impacted’ and the favourite ‘…going to pick up’ are keywords which are being used extensively when the experts are asked what lies ahead. No one will commit that we are heading for a bad time.
For those who had lived long enough, they recognised the next few months as the time to dig in and to reassess their investment. It’s not as if they have never seen it before. Right?
How about the young ones? The ones who had just start their work lives and are just starting to invest in places they thought were good enough for them to get good returns? Should they keep on investing? Should they cut their losses and wait until the market stabilised? Is property still a safe bet?
The answer is simple: It is time to dig in and reassess your investment. It is good to do this every once in a while. You need to understand the concept of holding power and the time to cut your losses.
There are a few rules all property investors or any other type of investors should always keep in mind:
1) ALWAYS RESEARCH WHAT YOU ARE INVESTING IN
Understand the concept of investment, know the product, and know how much you are spending and what your exit strategy is. Before jumping into the water, you should know whether it is cold, warm or hot.
2) ALWAYS KNOW THE SELLER AND MANAGER THOROUGHLY
One of the lessons I’ve learned about investing in property is how important it is to know the seller, be it the property development company, the bank auctioning the property or the seller of the property. Most people do not research properly the seller especially if they buy a property from a housing developer. Past success (or lack thereof) does not ensure future success.
3) RESEARCH THE PRODUCT YOU ARE BUYING
This advice is redundant of the advice No. 1 but this goes to the specifics. This is when you research the place and the type of property you are buying instead of knowing about how to invest in property. As an example, if you shunned areas such as Nilai or KLIA a few years ago, it might be of interest to you to know that the property investment landscape in those areas has changed. People are starting to buy in those areas. If you are looking for deals, this may be a good time but not for long.
4) UNDERSTAND THE COST (APPARENT OR HIDDEN)
People who buy properties should ask a lot of questions until the sale person who handles the queries starts to hate you. In all my years of being a lawyer, I find people are indifferent when it comes to the fees a lawyer can charge and why he/she is charging that much. They only look at the total amount and only care about how much discount they can get from the lawyer without asking why there’s a separate cost for disbursement and what each disbursement is for. I also find people are surprised at the idea of paying monthly charges, quarterly charges and annual charges for their strata properties to pay for monthly maintenance, sinking fund and assessment rate, respectively. When they sell their property, they are again ignorant of the fact of the Real Property Gain Tax that they will have to pay.
5) THERE IS NO SUCH THING AS A QUICK RETURN
Everyone wants to make a quick buck. As PT Barnum had allegedly said, “There’s a sucker born every minute.” These two rules have made a few enterprising spirits into crooks. The modus operandi maybe different but the rules have never change. There is no easy money. Period.
6) READ
Read the news, read about the change in law, read about the change in the interest rate regime, read about the debate on the implementation of Goods and Sales Tax, read about the debate on lowering of the prices of goods and, finally, read the fine print. Read every single thing. And understand it.
7) YOU CAN ALWAYS EXIT ANYTIME YOU WANT
If you have invested, surely you have read the fine prints and you have planned your exit strategy. Even if your debt is as simple as a credit card, as you aged, wouldn’t you want to close all those cards that are eating up your disposable cash and start to be smarter? If you had bought a property which you planned to rent but it is giving you negative cash flow, shouldn’t you check the market value and see if you can sell it for a good price? Why must you have debts that are not helping you to gain more money?
8) THERE’S ALWAYS OPPORTUNITY EVEN DURING THE BAD TIME
Yes, the oil prices dropped, the ringgit is at its lowest and the economy is going to be bad. Foreign investors are leaving in droves. People are not buying as much as they did a few years ago. If you have kept some money for such times, this is the time to buy properties. There are so many choices in the market. People rather rent than buy. If you had wanted to rent your property, you can start now. If you get good rental, don’t sell the property yet. Check your tenant properly, make sure you have an ironclad tenancy agreement and make sure you can sell the house when you get a good offer.
9) DO NOT STOP INVESTING. THIS TOO SHALL PASS.
As you reassess, exit your investment, recuperate, change tactics and reinvest your money somewhere safer, try to look for opportunities that are less risky. I’ve met so many people who insist in investing in properties but do not have any investment at all in safer portfolio such as ASB or unit trust. They rather take the high risk, high return route as if the winner-takes-all attitude is the only way for investors to live.
10) HAVE MULTIPLE SOURCES OF INCOME
Remember the time when even the government allows for its staff to have business? This happened a few years back. As much as you rely on your salary and allowance for your livelihood, why don’t you make money from what you do in your spare time? If you are a traveller or a cyclist, invite others to join you and you can charge them for organising the tour or event. Make sure you really know what you do and do it well so that the word of mouth will spread. It might just be your next career move.
This was first published as an article with Property Insight Magazine, March 2015 edition http://propertyinsight.com.my/time-to-dig-in-and-reassess-your-investment/

February 11, 2015

Judge in the Jessup Moot 2015 Competition

I was invited and given the opportunity to be one of the panel of judges in the Jessup Moot 2015 Competition last Saturday, 07.02.2015.

It was an experience I would always remember because the only other time I was involved in the competition was nearly 20 years ago in 1995 when I was a second year student in Universiti Kebangsaan Malaysia handling the same competition in ILKAP, Institut Latihan Kehakiman dan Perundangan, the training center for those in the judiciary. At that time ILKAP was in Wisma Sime Daby in Kuala Lumpur and not in its current sprawling campus in Bandar Baru Bangi.

How time have changed.

It was a great experience as I was partnered with Session Court Judge, Tuan Hakim Timothy Finlayson and Encik Saiful Izan, the legal officer for Malaysian Red Crescent.

The competing teams were quite good in their submissions of the case and one of them, the UiTM mooting team went on to the finals but was beaten by the eventual winner from University Malaya.

Congratulations to the winner and hope they'll be as good in Washington for the world finals.




June 17, 2014

Why a housing bubble will always happen again and again. All over the world

If you read the news around the world, there are people keep saying a housing bubble is imminent in their county. Although it has just happened, like in the United States when the last housing bubbles brought down a few investment banks which had been hit by the sub-prime scandals, people who are smart enough say a housing bubble is in the making there. China is another country people is expecting to have its property bubble burst anytime soon. Why does this keep happening again and again?
It is due to the nature of housing. People keep on buying houses to live in it and to try to make a lot of money out of it by selling it at a higher margin. The question is, why don't people learn that they will drag down the economy due to their greed to make a profit? Why do they keep on doing the same thing again and again? Aren't the governments around the world doing anything about it?
Here's the thing about housing. There are genuine buyers who want to have a roof above their head and there are those who think houses as an investment. They are mixed together without any borders separating them in the same space. When you see a long line queuing up at a property launch, you cannot determine who are the genuine buyer and who are the speculators. The speculators who buy and want to make money out of the property want the same treatment the genuine house buyers are getting. It will make the profit higher as the housing developers will throw in so many things into the sale. Including cheaper housing loans.
Governments around the world have been trying to control speculative buying of property by imposing tax on the profit anyone makes when a property is sold. In Malaysia it is known as Real Property Gain Tax. The current tax regime impose tax on property sold within 5 years of the property being bought. The tax imposed is a withholding tax where the seller will have to pay the Internal Revenue Department and only get it back once it is checked out there was no profit made on the property transaction. The withholding tax for Malaysian property sellers is 2%.
Does this current withholding tax stop or reduce the property transactions or sales of houses? Does it stop the speculative buying of houses? No. It does not.
Here's why.
Any good property speculator will know you only have to factor in the cost of the Real Property Gain Tax into the margin that you will make from the sale of the property. This Real Property Gain Tax is not the only thing the property speculator has to contend with. The Malaysian government has imposed in 2010 a maximum margin of 70% on any third housing loan taken by any one buyer. That is already a deterrent factor there. Still people buys houses speculatively and try to make huge profits out of it.
Banks are also culprits in the making of housing bubbles. Why? Because they make so much money out of giving out housing loans to people who want to buy houses, whether they need it or not. A speculators adage has always been "If you can use other people money, do not use your own money." This has also been the adage that fueled a few of economic crisis in the world.
Another factor why housing bubble will visit the world every few years in this modern era is due to the property gurus that keep teaching people to buy and sell property to make a profit out of it. While these property gurus go running and laughing to the bank thanking the gullible students for paying them an arm and a leg trying to learn how to make money from property speculation, new property speculators are born and play the property speculation game all over again
So, as the sun keeps on shining and people keeps on needing a house, a housing bubble will keeps on visiting each property hot spot.
Again and again...

April 29, 2014

Blog ini sebagai manuskrip

Aku diminta menulis oleh Dubook Press, syarikat buku indie yang menerbitkan beberapa buku indie non-fiction. Sebenarnya aku tak at nak tulis apa sebab siri buku Ask the Lawyer! atau Tanyalah Peguam! yang aku terbitkan bawah True Wealth, syarikat Azizi Ali tu macam indie jugaklah. Cuma bahasa dalam buku-buku tu tak indie sangat. Dia proper sikit.

So, aku nak mulakan menulis buku untuk Dubook Press ni menggunakan blog ini. Mungkin taktik aku ni akan mengurangkan ke'laku'an buku tu nanti tapi aku rasa masih ada market. Kalau blog post aku yang aku nak gunakan sebagai manuskrip ni ramai yang baca, aku rasa aku boleh jual buku tu. Kalau tak ramai, Dubook masih nak publish, aku ok je.

Apa yang diorang mintak aku tulis adalah tentang pembelian rumah oleh remaja. Macam a ke cakap tadi, aku rasa buku 40 Soalan Yang Patut Anda Tanya Peguam Anda Sebelum Membeli Rumah di Malaysia tu dah cover mostly everything yang patut orang pertama kali beli rumah tahu.

Mungkin ada market untuk pembeli belia kut? Aku ingat nak tulis tentang benda yang lebih basic. Contohnya bagaimana nak kumpul deposit 10%. Trick-trick macamana nak mark-up. Tentang bagaimana nak mintak lawyer tolong buat SPA yang bagus. Benda-benda macam tu.

Nanti korang komen lah kalau nak tau lagi. Boleh aku baiki manuskrip aku sebelum publish.

Kala korang tak tau kenapa aku sekarang nak jadi 'indie' sikit kerana aku dah ada buku terbitan Fixi. Nama buku : PINJAM. Nama pena : Anuar Shah. Kenapa Anuar Shah? Nama penuh aku Khairul Anuar. Shah tu sebahagian nama bapak aku.

Make, entri selepas ini akan jadi entri buku aku yang belum ada title. Mungkin title dia 'Senangnya Beli Rumah' atau 'Baiti'. Tengoklah camne.

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