Thanks for the input. I have contacted my landlord today, and still no reply. It has been 3 days (including today) that he's taken the keys/cards and without returning my full deposit (only 1k out of 4k). How long can he delay it till I take further action? When I call him, he keeps saying he's in a meeting and call me back.

I've taken the precaution that, I found his Facebook, and I know where he works (he sent me emails from his work email) and i have some contacts working in his corporation - just in case he tries to be funny.

Thank you!

This post has been edited by static: Apr 11 2011, 01:18 PM

While the law of limitation gives you 6 years to initiate legal proceedings, you should start immediately to assert your rights. Don't wait. It's obvious that he's trying to evade you.

Dear Dario,

I just sold my aprtment for RM245k and received a 2% deposit directly from the buyer and not thru agent. Received a call from my buyer asking me whether in the S&P which will be draft by her lawyer to state the selling price to RM220k in order to qualify for the 1st housing scheme. She said not to worry as the selling price still RM243k and will paid me the full amount of balance. Should i go for a legal document for this issue to protect myself?

Sure. Just make sure that RM25K shortfall is paid to you together with the balance deposit on the day of execution of the SPA. Not a minute later as they can turn around and say that you agreed to sell it for RM220K.

Their lawyer ought to know how to draft a letter to incorporate the RM25K into the picture. That ought to be handed over to you together with the RM20K.

Dear Dario,

Thank you so much for the information. Appreciate your help and advice

Hi Dario

My cousin is selling her condo to a foreigner for RM450k but since the min price of a property that a foreigner can buy is RM500k, the S&P will reflect
RM500k instead (actual selling price is RM450k). its a freehold property and it wont be subjected to RGPT. Title is out already...

My question - are there any issues that she should be mindful about ? she intends to use the buyer's lawyer for the transaction.


My second question relates to a landed prop that i am selling and the s&P is due to be signed within 14 days. 2% deposit has been paid to the agent.
However, I would like to delay the signing of the S&P for another 3 months ..if the buyer is agreeable to this, what are the issues i should be aware as a
seller and would it be ok to just get the agent to get this in writing from the buyer?

Thanking you in advance...
Jess

Hi Dario,

I wanted to buy a condo from my relative but problem is she is not in Malaysia, migrated to U.K. Is that possible the S&P agreement can be sent over there for signing?
Any issue here?

Thanks

I am quite curious why she needs the 1st housing scheme since she is able to pay the balance in full to you which is equivalent to 10% of your selling price.

1. Dario thx for ur reply. So for Selangor property with restriction in interest on master title and where strata title is not issued yet, consent to transfer from SA is still required? So the subsaie S&P must have pre-condition that SA consent must be obtained first?

2. What about the consent to charge for the bank loan? Is it given at the same time as the consent to transfer?

3. What if it is kuala lumpur property? Same applies?

Appreciate your kind advice.

No issues. The lawyer would prepare a letter of acknowledgement stating that you've acknowledged receipt of the RM50K in advance prior/concurrently with the execution of the S&P.


You might be in a fix if the purchaser does not want to allow the deferment. What does the letter of offer to sell state if the vendor does not comply with the terms, i.e execute an SPA within 14 days? Return the deposit? Return the deposit plus a sum equivalent to the deposit as compensation? Watch out for that.

If the purchaser is ok with it, he or the agent can prepare a letter extending the time to comply with the terms of the letter of offer to sell. That's all that is needed.

Some purchasers would be ok with a delay provided that the price is locked in and confirmed.

Can. It will be executed before a Notary Public at the Malaysian Embassy/Consulate in the UK.

Hi Dario,

Thanks for the input. How long does it take for the whole process?
I'll seek a lawyer this coming week. Do you think they will charge extra for this?

Hi Sifus,

My uncle just purchased a sub-sale property @ 945K. He got a quote from a lawyer for S&P and below are the breakdown. We would like to know if the charges is reasonable


Professional Charges[/B][U]
S&P = MYR 7065.00
CKHT (Dunno what is this) = MYR 300.00
Service Tax 7% = MYR 441.90

DISBURSEMENT[U]


Stamp Duty on S&P - 3 Copies = MYR 40.00
Adjudication Fee = MYR 10.00
Registration of Tittle = MYR 500.00
Statutory Declaration = MYR 60.00
Bankruptcy Search = MYR 45.00
Land Search = MYR 90.00
Printing & Photocopy = MYR 100.00
Postage = MYR 100.00
Transportation = MYR 150.00
Telephone = MYR 100.00
Miscellaneous = MYR 50.00


TOTAL = MYR 9051.90


Thanks a lot!

The Letter of offer is silent on the deferment as it was a stupid oversight on my part..i have requested the agent to check with the buyer if he would agree to my request ..

Thanks Dario

tankv22:



Service tax is 6% only, but I think that's a typo coz the calculation is correct.

Adjudication is free. No more RM10.
Bankruptcy search is RM12 per pax.
Stamp duty on SPA is RM10 per copy - so how come RM40 for 3?

Stat declaration stamping is only RM10.
Land search is only RM30-50.
Why other disbursements total RM500? So high

Discount on legal fees are not allowed but discount on disbursements are allowed

This post has been edited by dariofoo: Apr 12 2011, 02:00 PM

Hi dario,

Thanks for your help! Appreciate that. What is the normal disbursement cost?

Normal differs from law firm to law firm. Very subjective.

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Added on April 7, 2011, 6:53 pm
hai dario

1) i found out that my landed property, leasehold is under master title and not the individual title,
is this legal for developer to do so?

2) i heard that it will took years to get the individual tiltle, is this true?

3) what is the process to get the individual title?how much it will cost me?

4) what will happen if in future i'm going to sell this house?

5) How about the MOT, when should i pay for it?


Hai dario

can you assist me on the above?

The law firm charge you on other disbursement is at high side.

You should ask the boss to reduce it.