In the agreement that I've signed it is stated :

APPOINTMENT TO ACT AS AN ESTATE AGENT

I......NRIC No.....of....hereby appoint (name of the agency)to secure a purchaser for the property known as .....In acting as Estate Agent you are permitted to display signboard, advertise in any media or in any form to promote generally the sale of property, subject to thefollowing terms :

1) The total consideration prIce for the said property shall be at RM250 000 negotiable.

2) Payment mode are as follow :

    Earnest deposit on acceptance of offer :  3% of consideration price
    On signing theS&P Agreement : 7 % of consideration price
    The balance to be paid within a period of 90 working days.

3) I hereby agree to pay you a fee as follow :

    The full fee paYable as calculated above is RM 3%......only

4) The professional fee is payable in full upon the signing of S&P agreemnt

5) In the event that the Earnest Deposit is paid but the transactin aborted before the S&P  agreement is signed, I agree to pay you a fee of 50% of you full fee, whichever is lesser.

6) In the event that the S&P Agreement is signed, but subsequently aborted of any reasons, I nevertheless agree to pay the full fees.

7) This appointmet is on the Exclusice basis

8) In the event that this appoinment is on the basis of Exclusive agency and I have sold thepropety myself or by a third party. I agree to pay to (name of the agency) the full fees as compensation.

9) This instruction shall be valid from **** to **** and deemed renewal for a period equivalent to the original term unless either party gives notice of termination in writing.

10) I hereby agree that I shall not be entitled to terminate this appoinment during its period of validity and in the event I shall purportto terminate whether in in writing or otherwise this appintment before its due expiry, I shall be liable to pay...the full fee as compensation.

11) I agree to bear the mandatory 6% government service tax.

12) I hereby authorise (name of the agency) to act as stakeholder and to accept on my behalf the earnest deposit and to deduct the professonal fee from the payment due to you.

Name : ****
IC :***
Date :****
Luckily this is the only agreement that I've sign. Frankly I have no idea that it can be this complicated.Maybe I am just unlucky to get SMART agent who thought that they can do whatever they like. I did try to call the agency so many times but no one pick up the line. I am thinking of reporting this issue to the agency and ask them to get another agent to take over since the agreement is stated clearly that I am appointing an agency and not the agent.

Thank you Dario for your time and advice.

I am in the midst of finalising the deal for purchase of a condominium. My solicitor has requested for me to sign 2 documents

Document (1)= "form of declaration" that states that

a) i am aware and understand that Solicitor ABC is the solicitor for Bank XYZ
b) i do not require nor intend to engage an advocate and solicitor to scrutinise the agreement and other related documents for me in respect of finance all that piece and parcel of xxxxx.
c) i confirm that Solicitor ABC are not my solicitor and i have merel requrest XXX to witness my signature.

Question: is it a statutory requirement for me to sign this declaration? Should my solicitor be protecting my interest and assisting me to scrutinise the agreements & related documents?

Document (2)

I have been informed and am fully aware that it is a procedure of the Bank to lodge a Private Caveat on the Master Title to enable the loan to be released accordingly. However at the request of the Developer, the Bank has agreed to waive the lodgment of the Private Caveat on the Master Title. In view of the above, I herby agree to allow the Bank to proceed with the facilitie and hereby consent to the release of the loan despite the non lodgment of the Private Caveat by the Bank on the Private Caveat on the Master Title.

(Note: For this condo, the developer is under bankruptcy and been told that as a purchaser, i am unable to obtain strata title)

Question: This document is addressed to the bank in which i am obtaining the loan. Just wondering is there any implication for me as a purchaser on signing the above document? Is it "safe" to purchase such property and what could i do in order to obtain strata title for this property?

Thank you for ur advice 

Hie there,

I'm new here and came across this site while researching for problems with lawyers discussion thread. Am annoyed and disappointed with how the whole transaction was management.

I hope to get some wise advice. Much appreciated.

To summarize, the bank had released the loan amount; feeling excited under the impression I would get my keys. I had no knowledge about the charges prior to my drawdown). My lawyer then told me after a week of the loan release (and me following up on the keys handover) the vendor is charging me with late interest payment which was not caused by me. There were some delay of documentation from the vendor's end.

While this pursuance of the ding dong late interest, I had started serving my first month installment and I had not gotten my keys. I'm required to also pay the apportionment of the outgoings as requested by MY lawyer as I was told that this is part of my duty in SPA. I totally agree it's my duty with the basis I have gotten my keys. I don't have the keys, yet I'm required to pay. Now my lawyer told me that they will forward the late interest payment to the vendor (they will not pursue further on the late payment interest) on the basis I need the keys urgently. 

Can anyone advise me - meaning the lawyer will pay on behalf and claim the late payment interest from me?

Does it mean the the total scenario is as such?

1) I'm already paying my monthly installment
2) Now, I will need to pay the late interest (which amount 1k)
2) AND Pay the apportionment
*in order to get my keys*

This is totally unfair to the buyer. I felt that I'm in the losing end of the deal and my lawyer is not protecting my interest! Note: This is not the seller's lawyer. I'm not agreeable to pay any of the late interest.

Can anyone guide how to handle this situation? Can I terminate the lawyer and deal with the vendor's solicitors directly? How can I get my keys ASAP without paying the interest (it's obviously not caused by me)

Appreciate advice. Many thanks!