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 Lawyers Corner, A one-stop centre on lawyers and queries

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tishaban
post Apr 13 2011, 08:28 AM

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Hi dario,

Question on CKHT 3 and tax exemption. I'm the vendor and I'm applying for my one time exemption. Is the normal process for the purchaser's solicitor keep the 2% until they receive the CKHT 1A + 3? I want to trust my appointed solicitor but I want to be prudent and get a second opinion as well since it's my first time selling a property.

The property in question is under construction with key handover expected sometime in the second half of 2011.

TIA

TSdariofoo
post Apr 13 2011, 10:27 AM

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QUOTE(tls2011 @ Apr 12 2011, 06:00 PM)

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? cry.gif
Hai dario

can you assist me on the above?
*
Already answered you at post #972. Check it out icon_rolleyes.gif
TSdariofoo
post Apr 13 2011, 10:30 AM

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QUOTE(tishaban @ Apr 13 2011, 08:28 AM)
Hi dario,

Question on CKHT 3 and tax exemption. I'm the vendor and I'm applying for my one time exemption. Is the normal process for the purchaser's solicitor keep the 2% until they receive the CKHT 1A + 3? I want to trust my appointed solicitor but I want to be prudent and get a second opinion as well since it's my first time selling a property.

The property in question is under construction with key handover expected sometime in the second half of 2011.

TIA
*
Your lawyer ought to confirm in writing to the purchaser's lawyer stating that you intend to use your exemption, and as such, they would release the full balance 8% deposit to you. There is no need to wait for the CKHT 3 as there's already confirmation in writing by your solicitors. icon_rolleyes.gif
stay_cool
post Apr 13 2011, 02:25 PM

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Hi....dariofoo

I had place for deposit for my house recently & looking for bank loan now
this banker was drag me for more than 1 mth
then i try call the banker see what is the problem
banker only tell me is bcoz of the development order by the developer
means developer still havent got the DO from relevant authority
now my deposit was hold by them (i cant remember my cheque issue to developer or lawyer)
no matter how, without the approval of the DO, can the developer take our deposit?
if cant, can i withdraw & ask them fully refund my deposit? since they hold me long & i think to buy other property

thank u notworthy.gif
sk2000
post Apr 13 2011, 02:29 PM

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Hi, dariofoo.

My lawyer quoted me the followings legal fees as I had sold my condo at 840k.

1) Discharge of charge rm300
2) Witnessing of documents rm300
3) Disbursements rm400
4) CKHT submission rm300

Service tax 6%

As a vendor who tumpang seller's lawyer, is this quotation ok?
Please advice.
Thanks.
static
post Apr 13 2011, 04:41 PM

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QUOTE(dariofoo @ Apr 11 2011, 01:37 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.
*
I finally received a cheque, but it was dated for 3 days later, and I would need to wait till this Saturday to deposit it. And he deducted RM100 from my deposit for ruining the water heater, but it was internal wiring issue and we had already informed him in writing (email) before the switch blew up - he blamed us. Then took him 1 week plus to fix the heater. Personally, he is trying to manipulate me. The lease was under my partner's name and due to unforeseen circumstances, we had to leave the country earlier than expected and hence, we moved out 1 week earlier, but paid the rent in full and fulfilled the lease requirement as well (1 yr tenancy). Apartment was left cleaner compared when we moved in.

- Old CRT tv, half broken, takes up lots of space and bad reception - we hardly use it
- mostly cheap and second hand furniture, easily breakable (broke one table, the leg came off one day while moving it. The remaining 3 legs are flimsy so we didnt use it)
- stained kitchen top when we moved in, blamed us when we moved out.
- promised a hot plate, but bought induction cooker (RM99 only, the price was still on it) and caused us to buy new kitchenwares (he provided cheap kitchenwares and could not use with induction)
- mouldy bathroom when moved in.
- broken aircond when moved in, fixed 3 times in 6 months.
- fridge will need to be defrost every month or else the door cant be closed

Worst landlord smile.gif



surf-it
post Apr 13 2011, 05:14 PM

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500k subsale property, roughly what's the rate for SPA, and LOAN all in?

Thanks.
ykl
post Apr 13 2011, 05:43 PM

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QUOTE(dariofoo @ Apr 8 2011, 05:37 PM)
Nothing. But when you sell, how to get letter of confirmation from developer if there's no developer? Problem la.  sweat.gif
I still hutang you an answer for this huh?  sweat.gif

Sorry la the sifu of sifus not yet get back to me on this. Need to push him for an answer.  bruce.gif

Don't have to worry about leasehold. It will be extended again and again and again. Or maybe even converted to freehold!  icon_rolleyes.gif
*
Haha biggrin.gif ya, you still hutang me this answer...

This is the quote i get from lawyer for The loan amount of 539820 leasehold terrace house buy from developer(SPA free), the lawyer is same for both S&P and loan, is this reasonable?

professional fee:
facilities agreement 4251 with some disc become -2763.15
DOA -276.32
PA -276.32
gov tax -198.95

total: 3514.73

Disbursement:

stamp duty on facility agreement- 2700
stamp duty on facility agreeement(copy)- 20
stamp duty on DOA - 40
stamp duty on PA - 40
stamp duty on letter of offer & statutory declaration - 35
filing fee on PA - 55
affirmation fee - 40
land search - 60
bankruptcy search - 80
purchased of loan document - 200
printing,photocopy,fax,courier,telephone,postage charge- 100
transportation to stamp office,land office,developer, bank - 200
misc - 50

total 3620

Grand total 7134.73

Can let me know which one is overcharge and i can ask them to charge accordingly?
The loan is apply under 2 person's name, one is working and another one is business owner.

Thank you very much! notworthy.gif

This post has been edited by ykl: Apr 13 2011, 05:44 PM
spanishawk99
post Apr 13 2011, 07:18 PM

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hi dariofoo ,

i got this quotation from the lawyer same for both S&P and loan, could you please check for me is this reasonable?

this is service apartment cost 255k

page 1 :

DISBURSEMENT

*stamping fee for SPA - 40
*stamping fee for Deed of Mutual Convenants - 40
*stamping fee for car park agreement - 40
*affirmation statutory declaration - 12
* misc charges - 50
(photocopy , fax , telephone , posting , correspondence etc )
*transport charges - 50

total 232


page 2 :

FEES:
1) Facilities Agreement - 2056.50
2) Deed of Assignment - 205.65
3) Power of Attorney - 205.65

less HDA 35% - (-863.73)

gov tax 6% - 96.24

total 1700.31


DISBURSEMENT

*stamping duty FA + 3 copies of FA - 1177.5
*stamping DOA - 40
*stamping POA - 40
*stamping letter of offer - 10
*registration fee on POA - 60
*affirmation & stamping fee on declaration - 30
*land search - 90
*bankruptcy search - 30
*purchase of loan documentation (estimated) - 150
*transport & courier - 250
*printing charges and postage - 200
*telephone & facsimile - 150
*misc - 100

total 2327.5

grand total 4027.81 + 232

RM 4259.81


thanks

This post has been edited by spanishawk99: Apr 13 2011, 07:42 PM
TSdariofoo
post Apr 14 2011, 10:12 AM

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QUOTE(stay_cool @ Apr 13 2011, 02:25 PM)
Hi....dariofoo

I had place for deposit for my house recently & looking for bank loan now
this banker was drag me for more than 1 mth
then i try call the banker see what is the problem
banker only tell me is bcoz of the development order by the developer
means developer still havent got the DO from relevant authority
now my deposit was hold by them (i cant remember my cheque issue to developer or lawyer)
no matter how, without the approval of the DO, can the developer take our deposit?
if cant, can i withdraw & ask them fully refund my deposit? since they hold me long & i think to buy other property

thank u  notworthy.gif
*
They must've not expected the DO to be delayed, and had put the cart before the horse. Ask the Bank to issue you a letter rejecting your application for a loan. Take the letter, go back to the developer's office and demand a refund, failing which you will appoint a lawyer to issue a letter of demand to them. That ought to work. icon_rolleyes.gif
TSdariofoo
post Apr 14 2011, 10:13 AM

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QUOTE(static @ Apr 13 2011, 04:41 PM)
I finally received a cheque, but it was dated for 3 days later, and I would need to wait till this Saturday to deposit it. And he deducted RM100 from my deposit for ruining the water heater, but it was internal wiring issue and we had already informed him in writing (email) before the switch blew up - he blamed us. Then took him 1 week plus to fix the heater. Personally, he is trying to manipulate me. The lease was under my partner's name and due to unforeseen circumstances, we had to leave the country earlier than expected and hence, we moved out 1 week earlier, but paid the rent in full and fulfilled the lease requirement as well (1 yr tenancy). Apartment was left cleaner compared when we moved in.

- Old CRT tv, half broken, takes up lots of space and bad reception - we hardly use it
- mostly cheap and second hand furniture, easily breakable (broke one table, the leg came off one day while moving it. The remaining 3 legs are flimsy so we didnt use it)
- stained kitchen top when we moved in, blamed us when we moved out.
- promised a hot plate, but bought induction cooker (RM99 only, the price was still on it) and caused us to buy new kitchenwares (he provided cheap kitchenwares and could not use with induction)
- mouldy bathroom when moved in.
- broken aircond when moved in, fixed 3 times in 6 months.
- fridge will need to be defrost every month or else the door cant be closed

Worst landlord smile.gif
*
It's ok,mate. At least he refunded the deposit. Take it as an experience. What doesn't kill you only makes you stronger biggrin.gif

icon_rolleyes.gif
TSdariofoo
post Apr 14 2011, 10:19 AM

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ykl:

» Click to show Spoiler - click again to hide... «


stamp duty on letter of offer & statutory declaration - 35
RM10 per document

land search - 60
RM30-50

bankruptcy search - 80
RM12/pax

purchased of loan document - 200
check with Bank to see actual price as it differs from RM100-200+.

printing,photocopy,fax,courier,telephone,postage charge- 100
transportation to stamp office,land office,developer, bank - 200
misc - 50
Total is RM350 which is quite high as you're appointing the same law firm to handle the SPA and for the SPA quote they would've charged you about the same - thus making it RM700 total.

But there's a reason why they mark everything up - because at the end of the day, the house always wins.

Hope you catch my drift. laugh.gif
* If not, read the earlier posts of this thread. smile.gif

Good luck. icon_rolleyes.gif
TSdariofoo
post Apr 14 2011, 10:22 AM

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QUOTE(sk2000 @ Apr 13 2011, 02:29 PM)
Hi, dariofoo.

My lawyer quoted me the followings legal fees as I had sold my condo at 840k.

1) Discharge of charge rm300
2) Witnessing of documents rm300
3) Disbursements rm400
4) CKHT submission rm300

Service tax 6%

As a vendor who tumpang seller's lawyer, is this quotation ok?
Please advice.
Thanks.
*
Witnessing of documents RM300 is male-cow manure! doh.gif
Why disbursements RM400???? I'm screaming bl**dy murder here! bruce.gif
laugh.gif
TSdariofoo
post Apr 14 2011, 10:22 AM

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QUOTE(surf-it @ Apr 13 2011, 05:14 PM)
500k subsale property, roughly what's the rate for SPA, and LOAN all in?

Thanks.
*
You can use the calculator at the first page of this thread. nod.gif
TSdariofoo
post Apr 14 2011, 10:36 AM

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QUOTE(ykl @ Apr 13 2011, 05:43 PM)
Haha  biggrin.gif  ya, you still hutang me this answer...

This is the quote i get from lawyer for The loan amount of 539820 leasehold terrace house buy from developer(SPA free), the lawyer is same for both S&P and loan, is this reasonable?

professional fee:
facilities agreement 4251 with some disc become -2763.15
DOA -276.32
PA -276.32
gov tax -198.95

total: 3514.73
*
Under the SRO, the lawyer can only charge you 65% of the total scaled fees as this is a purchase direct from a developer whunder the HDA 1966.

As it is, the scaled fees for RM539820 loan is rm4229.00, so the sum of RM4251 itself is wrong and you're being overcharged.

65% of the scaled fees would be RM2749 - which is even less than the you-know-what which the lawyer is purportedly offering you.

laugh.gif

TSdariofoo
post Apr 14 2011, 10:40 AM

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spanishhawk99:
» Click to show Spoiler - click again to hide... «


*land search - 90
RM30-50

*bankruptcy search - 30
RM12/pax

*purchase of loan documentation (estimated) - 150
Check with bank


Misc is RM50 max!

If same solicitor how come total for:
*transport & courier - 250
*printing charges and postage - 200
*telephone & facsimile - 150
*misc - 100

plus:
* misc charges - 50
(photocopy , fax , telephone , posting , correspondence etc )
*transport charges - 50

......RM800! sweat.gif


ykl
post Apr 14 2011, 10:40 AM

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QUOTE(dariofoo @ Apr 14 2011, 10:19 AM)
ykl:

» Click to show Spoiler - click again to hide... «


stamp duty on letter of offer & statutory declaration - 35
RM10 per document

land search - 60
RM30-50

bankruptcy search - 80
RM12/pax

purchased of loan document - 200
check with Bank to see actual price as it differs from RM100-200+.

printing,photocopy,fax,courier,telephone,postage charge- 100
transportation to stamp office,land office,developer, bank - 200
misc - 50
Total is RM350 which is quite high as you're appointing the same law firm to handle the SPA and for the SPA quote they would've charged you about the same - thus making it RM700 total.

But there's a reason why they mark everything up - because at the end of the day, the house always wins.

Hope you catch my drift.  laugh.gif
* If not, read the earlier posts of this thread.  smile.gif

Good luck.  icon_rolleyes.gif
*
Hi, thank you very much! May i know is it after i ask them to give a new quote to me only i sign all the agreement? and normally is it when signing agreement time i need to pay the lawyer fee already? and the signing of spa & loan agreement is at the sale office but not in law firm, no different right? hehe... 1st house, a bit nervous for all this, hope wont make me headache after signing all thing... notworthy.gif thx again!

Think i understand what you mean for the mark up, but is ok i negotiate again right? brows.gif


TSdariofoo
post Apr 14 2011, 10:44 AM

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QUOTE(ykl @ Apr 14 2011, 10:40 AM)
Hi, thank you very much! May i know is it after i ask them to give a new quote to me only i sign all the agreement? and normally is it when signing agreement time i need to pay the lawyer fee already? and the signing of spa & loan agreement is at the sale office but not in law firm, no different right? hehe... 1st house, a bit nervous for all this, hope wont make me headache after signing all thing...  notworthy.gif  thx again!

Think i understand what you mean for the mark up, but is ok i negotiate again right?    brows.gif
*
Agree on fees first, then sign. Once you sign, how can you turn around and disagree with how much to pay them? It'll be too late by then. smile.gif

You better read my other post in relation to your legal fees. Sorry to say, but you're being conned right there as well.

If you do want to pose any further quotations next time please don't mention about discounts. That is between you and your lawyer and it ought to remain that way.

Cheers.

This post has been edited by dariofoo: Apr 14 2011, 10:46 AM
stay_cool
post Apr 14 2011, 10:46 AM

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QUOTE(dariofoo @ Apr 14 2011, 10:12 AM)
They must've not expected the DO to be delayed, and had put the cart before the horse. Ask the Bank to issue you a letter rejecting your application for a loan. Take the letter, go back to the developer's office and demand a refund, failing which you will appoint a lawyer to issue a letter of demand to them. That ought to work.  icon_rolleyes.gif
*
hi.......dariofoo, thanks 4 ur reply..... notworthy.gif
TSdariofoo
post Apr 14 2011, 10:47 AM

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QUOTE(stay_cool @ Apr 14 2011, 10:46 AM)
hi.......dariofoo, thanks 4 ur reply..... notworthy.gif
*
cheers.gif Act fast on it

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