Since there's so many questions about lawyers in this forum, I took the liberty to list down a few links for those who want to find out more about lawyers practising in West Malaysia as a member of the Malaysian Bar. It is important that you know that the lawyer who is handling your matter is fit and properly admitted as an Advocate & Solicitor of the High Court of Malaya and possesses a valid Practising Certificate for the year 2011.

If you want to see if your lawyer is a member of the dreaded Hall of Shame (disciplinary order has been issued against him/her), go here:
http://www.malaysianbar.org.my/disciplinary_orders/

If you want to check if your lawyer is indeed a lawyer registered with the Bar Council and who possesses a valid Practising Certificate for the year 2011, go here:
http://www.malaysianbar.org.my/find_a_lawyer.html

If you want to check if the law firm handling your matter is registered with the Bar Council, go here:
http://www.malaysianbar.org.my/find_a_law_firm.html

Check out this link for a very simple yet informative info on buying and selling property:
http://www.malaysianbar.org.my/sale_purchase_of_houses.html

..and for general info on the law on other matters:
http://www.malaysianbar.org.my/public_awareness.html

For any direct enquiries – call Bar Council at 03-2050 2050.

To calculate legal fees for SPA (and stamp duty on MOT/DOA):
http://www.elawyer.com.my/legal_calculator_info.php

OR

http://www.e-properties2u.com/loanlegal.html

To download a copy of the Solicitors' Remuneration Order 2005 - which details the scaled fees for SPA and loan documentation approved by the Bar Council for lawyers to charge:
 SRO_2005.pdf ( 71.22k ) Number of downloads: 761


If you want to know how to file an official complaint against an Advocate & Solicitor with the Disciplinary Board, go here:
http://www.asdb.org.my/procedures.html


This thread is also for those who want to pose legal queries - especially on procedure on sale and purchase of property, loan documentation, tenancy, etc. Any other queries on other aspects and areas of the law are also welcomed

Please do not PM me for any legal advice, nor ask for any recommendations for law firms. I do not give out any advice via PM. Please post your legal query at this thread so that everyone can benefit from an answer.


Cheers.

This post has been edited by dariofoo: Jul 15 2011, 06:46 PM

Great thread here, good for public infos. The phone number : For any direct enquiries – call Bar Council at 03-2013003.


Why are there only 7 digits, is this done deliberately ?

Frankly, I have seen important law documents which carry the simplest of mistakes, hence, are these simple mistakes backdoors for possible technical errors in order to avoid legal actions ?

Okay - then I get apologies saying they are honestly careless mistakes.

thanks for this topic. I think it would be good for all new home buyers (which i think will be more after the budget )

The phone number ought to be 03-20313003. Sorry about that

With regard to your query whether mistakes in law documents are backdoors for possible technical errors in order to avoid legal action, I think what you're trying to ask is whether clerical or typographical errors can be raised as an objection by the other party to get the lawsuit struck out.

Well, there's Order 1A, Rules of the High Court, 1980, which states:

Order 1A. Court or judge shall have regard to justice.

In administering any of the rules herein the court or a judge shall have regard to the justice of the particular case and not only to the technical non-compliance of any of the rules herein.

and

Order 2, Rule 3. Preliminary objection for non-compliance of rules not allowed (O 2 r 3).

A court or judge shall not allow any preliminary objection by any party to any cause or matter or proceedings only on the ground of noncompliance of any of these Rules unless the court or judge is of the opinion that such non-compliance has occasioned a substantial miscarriage of justice.

and also

Order 20, Rule 11.Amendment of judgment and orders. (O. 20 r. 11)

Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court by summons without an appeal.


Therefore, as long there is no prejudice on the other side, clerical errors and typos can be amended.

Hope that answers your query.

---

Added on October 19, 2010, 12:15 pmCheers. I replied to your topic on lawyers' fees. Which one did you appoint?

This post has been edited by dariofoo: Oct 19 2010, 12:15 PM

Dario, thank you for your time to extract all of those information and posting them here. I won't bother to counter-debate in any way, but I would just like to day this : if the judge feels lazy on the hearing day, he will just strike out the case and that's it. That's the risk.

Judges are humans too.

Haha. Looks like someone had a bad experience in Court recently? Take it up on appeal,bro. Don't give up. Lawyers who object to technicalities are just, well, *tsk tsk*

It's not me, but you are right - lawyers who object on technicalities are certainly not holding up justice as the main point, generally, but the problem is the judges listened to them. Hence, it's all back to the judges.

Anyone who has legal queries should pose them here for the benefit of all.

Any questions on legal procedure when buying or selling property, on gains tax, on loan documentation, etc. Feel free to ask.

Any lawyers out there are welcome to impart their knowledge here as well.

After I've paid my S&P, and whatever fees - my lawyer said they will deal with bank for Letter of Undertaking and nothing more from my side.

So, after signing S&P, loan agreement and such..I should only wait for my copy of Letter of Undertaking? that's it?

FYI, my property need 2 years to complete?

Would need more info on this:

1) Are you the vendor or purchaser? I'm taking a wild guess and saying that you're the Vendor as you would have to execute a letter of undertaking to refund the purchase price (in other terms, the loan sum released by the bank) in the event the Memorandum of Transfer cannot be registered (for
property with title) or Deed of Assignment cannot be perfected (for property without title) for any reason whatsoever.

If you're the purchaser, which solicitor is this - for the S&P or bank loan documentation?

2) Is the property still encumbered (i.e. is there still an existing loan with the bank) ?

3) Is the property leasehold or freehold?

Give me more info and I can advise you further. Cheers.

If you're the purchaser, which solicitor is this - for the S&P or bank loan documentation?

My solicitor for S&P is the developer. Any document I should expect from them after I signed my S&P?

I've appoint another lawyer for bank loan documentation. Any document I should expect from them after I signed my S&P?
According to them, they will deal with bank for Letter of Undertaking and I will have a copy by then. Is that all?

2) Is the property still encumbered (i.e. is there still an existing loan with the bank) ?

New Property with New loan under my name

3) Is the property leasehold or freehold?

Freehold and I received a document from developer mentioning MOT title transfer

I'm currently overseas after I settle all payment to respective firms both developer, solicitor and etc.


I only has doubt on what Im suppose to do after I paid my downpayment, solicitor fees, and got all documentation signed.

<- first time house buyer here

Sounds like a straightforward deal to me.

Besides the S&P, you need to sign your loan agreement with your financier as well.

If the developer mentioned MOT, that would mean that the property would have been subdivided into individual titles (which is really good news) and you can execute the Memorandum of Transfer in order for an individual title to be registered in your favour.

Once individual title is out, the bank may want you to execute security documents as well, i.e a charge created in favour of the Bank over the property as security for the loan granted to you.

If individual title is not out, you would need to execute a Deed of Assignment, which is another form of security documentation as well.

So, don't worry about it.

Hope the above helps.

Ok! got it. Thank!

i book an condo which going to start construction and plan to completed in Dec 2013. Below is my question.Thanks.

How can we know the valid expected date to complete,in case if after over the expected date, we can sue developer for their delay to deliver project?

If i sign SPA on 1.11.2010 , means on 1.11.2013 the condo need to be completed ?Is that start counting 3 years from the date on signing SPA? If not, i can take legal action for them right? since the sub-divided is for 3 years period from what i understand.

Is the 3 years period include get the CF and key?

Is there any advantage to use developer own appointed panel solicitor for both developer side and financier side? Is that compulsory to use their service?

Do any law now to protect buyers in case the construction project stall in the middle?

If my bank financier no transfer money to developer after 14 days they recieve Letter of Undertaking, is that my faults to enable them to penalty me on interest?

Normally how long it takes to transfer master title to strata title?If i not mistaken, for newly built condo it is master title right?

Sorry,

This post has been edited by Seremban_2: Oct 29 2010, 09:04 AM

The developer free S&P for legal fee and stamp duty . But for loan agreement side not free.
What you mean for " If the developer free S&P and Loan fees then you are at disadvantage to use developer own appointed panel solicitor. "

Sorry had a busy day.

Look at your agreement to determine the completion date. If vacant possession is handed to you after the completion date, the developer has to pay late penalty interest.

Yes the completion date starts running from date of execution of the agreement.

Vacant possession is the right term to be used. You will be given the keys, as well as a checklist of all the items included in the sale. A checklist for defects would also be needed to be filled up and returned to the developer for their action.

It is not compulsory to have a common solicitor with the developer. You must remember that the solicitor acts for the developer and not you. As such, don't expect any calls to the solicitor for follow up and complaints against the developer to be entertained. You are deemed to be unrepresented. If you choose to appoint your own solicitor, it would be good in the sense that your lawyer can keep a check and balance on things. The drawback is that you would have to fork out fees? At what price is your piece of mind? Ask yourself that.

With regard to abandoned projects, it's a sticky situation. You can file a lawsuit in Court to compel the developer to complete the project, or sue for losses, but in most events, the developer would've long gone and buried, if not already wound-up or with plenty of creditors chasing after them. So at the end of the day, it'll be a paper judgment for you even if you win the case.

What interest are you talking about? Why would you say the Bank won't tranfer the money to the Developer? If all is in order, and if there is no delay on your part, of course the money would be disbursed. Don't worry about things that haven't, or may not, happen.

With any new development, it would be a huge master title at first. The developer has the duty to apply for subdivision. The agreement ought to provide the timeline for the Developer to subdivide the title, and if i'm not mistaken, it's 24 months from the date of the agreement.

You'll be surprised that some developments already have individual titles when launched. It's one of the perks of the packages thrown in. The faster individual titles come out, the better it is. In your case, it'll be a strata title.

Hope the above helps. Cheers.

Thank you very much for your detail explaination.
My concern for late disbursement from bank to developer, is because i had heard some case really happen on penalty being charge on buyers,due to the bank late disburse the money to developer after receive the letter of undertaking.

Is it compulsory for developer to state black and white regarding the maintenance fee per square feet and sinking fund inside SPA? To prevent they change the rate once construction completed.

The solicitor for developer side is their own panel.So they free us the SPA. For loan agreement side, the developer also their appointed back end financier. I think the solicitor for bank side may also their "own people".

Won't be the housing ministry safe-guide our buyers interest in case housing project stalled? As the ministry need make sure the progressive payment made to developer must use to fund the project?

Another things is will bank private caveat our property on our behalf? Or we need to do it ourself?

Not too sure about whether it's compulsory but I don't think they would dare to overcharge. In any event, once a Joint Management Body is set up, the residents take over from the Developer and maintenance fees can be dictated by the residents themselves. So don't worry.

There is nothing free. All legal fees are already factored in the price of the house. It would've been marked up according to the legal fees incurred, which is scaled according to the price of the property.

Yes the Ministry ought to be more responsible by conducting thorough checking and vetting of developers. I'd rather not comment too much on that.

To safeguard yourself, it would be prudent to buy from established developers, but even that is not totally foolproof. But better the devil you know than the one you don't, right?

When it comes to a master title you, as a lone purchaser of a parcel, can't lodge a caveat over a master title. The developer would not allow that. A deed of assignment created over that particular parcel identified as yours is sufficient security. Keep your fingers crossed that the developer would follow up with subdivision in order for a strata title to be registered in your favour.

Cheers

This post has been edited by dariofoo: Oct 29 2010, 12:43 AM

Normally,in newly built-up condo ,how long it takes to setup a joint management body?

When the Deed of Assignment is going to signed?

The document to sign when master title divided to strata title is called MOT?

Thank you.