Kaveat, Maksud dan Fungsinya

Kaveat (caveat) berasal dari bahasa Latin yang bermaksud “memberi amaran kepada seseorang”. Dari sudut hartanah, kaveat merupakan langkah sementara untuk melindungi hak hartanah tersebut. Kaveat persendirian bertujuan untuk melindungi hak individu dibawah perjanjian jual beli buat sementara waktu, dengan jangkaan tindakan undang-undang diambil selepas mendaftar kaveat tersebut. Jadi, kaveat akan menjadi penghalang kepada mana-mana proses, dari pendaftaran hinggalah ke pertukaran nama pemilik sewaktu kaveat ini berkuatkuasa.

Rumah yang dilelong berpotensi untuk memiliki kaveat persendirian. Jika hal ini berlaku, walaupun anda telah memenangi bidaan untuk membeli rumah tersebut, anda masih lagi perlu mencabar pihak ketiga (yang mendaftar kaveat persendirian). Ini kerana kaveat persendirian hanya boleh dibatalkan oleh:

  • Kaveator (individu yang mendaftar kaveat)
  • Pendaftar
  • Perintah mahkamah

Permohonan untuk membatalkan kaveat melalui perintah mahkamah boleh dibuat oleh pihak yang terganggu dengan kewujudan kaveat ini. Dalam kes ini, pembeli rumah lelong yang memiliki kaveat persendirian.

Selain itu, rumah lelong yang memiliki kaveat persendirian juga bermakna anda tidak boleh membiaya pembelian rumah tersebut dengan pinjaman perumahan. Hal ini demikian kerana bank tidak akan meluluskan pinjaman jika adanya kaveat persendirian didaftarkan untuk sesebuah hartanah. Jadi, melainkan anda mampu untuk membayar dengan tunai, anda tidak dinasihati untuk membida rumah lelong yang memiliki kaveat.

Malah, walaupun anda boleh menang bidaan dan mampu membayar nilai hartanah tersebut, anda masih lagi perlu ke mahkamah untuk mendapatkan perintah keatas pihak ketiga bagi membatalkan kaveat tersebut. proses ini akan menelan kos serta masa yang lama.

Jadi, sebelum membida, dapatkan pengisytiharan jualan dan carian hak milik hartanah. Maklumat ini boleh didapati dari ejen bidaan, dan bakal membantu pembida dengan info tambahan, termasuklah mengenai status kaveat. Info seperti alamat rumah juga akan membolehkan pembida untuk pergi meninjau kawasan perumahan tersebut, dan sedikit sebanyak gambaran persekitaran rumah meskipun tidak dapat masuk kedalam rumah yang dibida.

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