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

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500Kmission
post Apr 21 2011, 08:28 PM

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QUOTE(dariofoo @ Apr 21 2011, 06:15 PM)
Sure, as long as he is not suspended or struck off the rolls (disbarred from practice)
There could be hundreds of situations, but basically if the lawyer fails to uphold the best interests of his client, he could be found to be negligent. It differs from case to case. Hard to come up with a definite answer. It could range from merely missing deadlines in a conveyancing matter to the extreme of committing CBT or fraud of client's money in client's account  sweat.gif
Cheating is a very serious accusation which can not only lead to the lawyer being disbarred from practice, but would also entail him to criminal prosecution.

Complaints against lawyers are directed to the Advocates & Solicitors Disciplinary Board, based in Wisma Maran, KL. Once the a complaint is made, there are several steps in which the Board will consider the complaint. It may be dismissed summarily, or it may proceed to the setting up of a Disciplinary Committee - and a hearing would be conducted to hear the complaint on its merits.

The Bar Council would then make an order against the lawyer once the Board has made it's final finding into the complaint and recommend the type of action/punishment to be taken against the lawyer involved.

Each complaint will be considered on its merits and must be backed by sufficient documentation.  nod.gif

For more info - check out the Board's site:
http://www.asdb.org.my/
*
Thanks for above wonderful answer.

But the link you give to us (i.e. http://www.malaysianbar.org.my/disciplinary_orders/), i dont know how i use it. I try select one person (i.e. Teh Beng Chneah) who has received a disciplinary orders before and search his name on the filter, that is nothing come out.

Please teach us how to check the person whether he has received a disciplinary order or not.
How long disciplinary order record will malaysia bar database will keep (e.g 2 years or 7 years). If the person has received a disciplinary order 10 years ago, where is the other way to search?
MIKIHARANO
post Apr 21 2011, 09:51 PM

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Can somebody advise me what to do..

i bought a lelong condo 2 years ago. everything was running smoothly and no problem with the bank loan.
auction house bank- maybank
my loan banker - also maybank.
should be no problem, right?

but my lawyer has dragged this things for 2 years!
i keep follow up her, but she keep on saying "not yet"
until one day - the unit that i bought - bertampal with "CONDO FOR LELONG'
whaat??
i confront my lawyer - then she terhegeh2 to follow up with auctioner lawyer.
when i call my lawyer to query the status - she off her HP, changed her HP number and refused to provide me her new number.

She even asked me to follow up with auctioner's lawyer myself and do some rayuan since i already pay all the maintainance fee for this unit for 2 years.

what is happening?
i feel like give a full swing punch on her face for dragging me into this kind of misery and headace.

what should i do now?
this issue still not settle.

please advise me what to do...
please..... thank you..
Eight_8
post Apr 21 2011, 11:25 PM

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Hi All,

May i know land authority usually take how long to issue letter of consent 2?

The lawyer that handle my brother tranfering onwership case at arena green bukit jail, been draging it for few years and pass few months he keep told us that they still waiting for letter of consent 2 for final the step.

Is it possible that land authority take half years to come out the letter of consent 2?

anyone can provide me the tel.no of the land authority?can we check the consent letter with them?

Appreciate any expert here can give some detail...

I just found out that Arena Green Bukit jalil apartment is freehold, why still need letter consent from land office?

This post has been edited by Eight_8: Apr 21 2011, 11:54 PM
500Kmission
post Apr 22 2011, 01:32 AM

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QUOTE(MIKIHARANO @ Apr 21 2011, 09:51 PM)
Can somebody advise me what to do..

i bought a lelong condo 2 years ago. everything was running smoothly and no problem with the bank loan.
auction house bank- maybank
my loan banker - also maybank.
should be no problem, right?

but my lawyer has dragged this things for 2 years!
i keep follow up her, but she keep on saying "not yet"
until one day - the unit that i bought - bertampal with "CONDO FOR LELONG'
whaat??
i confront my lawyer - then she terhegeh2 to follow up with auctioner lawyer.
when i call my lawyer to query the status - she off her HP, changed her HP number and refused to provide me her new number.

She even asked me to follow up with auctioner's lawyer myself and do some rayuan since i already pay all the maintainance fee for this unit for 2 years.

what is happening?
i feel like give a full swing punch on her face for dragging me into this kind of misery and headace.

what should i do now?
this issue still not settle.

please advise me what to do...
please..... thank you..
*
you better check whether the lawyer name and firm in malaysia bar council or not. If not, bye bye then. The normal process for SAP is 3+1 months, if the bank want to count the penalty, that will be a lot of money you have to pay.

If i am wrong, pls correct me.
MIKIHARANO
post Apr 22 2011, 08:40 AM

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QUOTE(500Kmission @ Apr 22 2011, 01:32 AM)
you better check whether the lawyer name and firm in malaysia bar council or not. If not, bye bye then. The normal process for SAP is 3+1 months, if the bank want to count the penalty, that will be a lot of money you have to pay.

If i am wrong, pls correct me.
*
thak you for your reply.
Yes, i already check with bar council - the firm name is available.
I will go to see my lawyer this morning.
i want to punch her!
Whiteminic
post Apr 22 2011, 02:57 PM

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Hi dariofoo,

Could you help to glance through the following quotation for S&P and Loan please?

Sub-Sale Property purchased at 945K and Loan Amount 800K. Are the charges reasonable? Thanks a lot for your help!


S&P


Sale & Purchase Agreement 7065
CKHT 200

Tax 435

Subtotal 7700.90


Disbursements

Stamp duty on MOT/ Adjudication 10
Stamp duty on transfer 22350
Stamp duty on S&P Agreement 40
Affirmation on Statutory Declaration 8
Registration of Transfer/Change Name 500

Printing 80
Land Search 90
Transportation 180
Miscellaneous 50

Subtotal 23308

GRAND TOTAL 31008.90






HOUSING LOAN AGREEMENT[/u]

Facilities Agreement 6050
Deed of Assignment/Charge 605
Caveat/Withdrawal Caveat 350
Government Tax 420.30


Subtotal 7425.30



DISBURSEMENT

Stamp Duty on Facilities Agreement 4000
Stamp Duty on Charge 40
Stamp Duty on Letter of Offer 10
Statutory Declaration on Owner Occupation 18
Statutory Declaration Non Bankruptcy 18
Purchase of Security Document 70
Registration of Charge / Discharge 120
Registration of Revocation of POA/Printing 80
Registration of Caveat/ Withdrawal Caveat 420
CTC of Title/Official Search/Bankruptcy Search 38

Printing,telephone,Postage 80
land search 90
Transportation 180
Miscellaneous 50

SUBTOTAL 5214



GRAND TOTAL 12639

This post has been edited by Whiteminic: Apr 22 2011, 03:10 PM
Secret_Garden
post Apr 22 2011, 04:12 PM

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Hi dariofoo,

This is the loan agreement quote taht i get from lawyer. The Loan agreement Lawyer is provide by bank, while the SPA is borne by developer. Do you think the below following charges are reasonable?

Purchase Property: RM777,000.00
Homesmart Facility: RM669,300.00
Customer:
Type of Facility: Developer - Under Construction - with title

Legal Fees RM RM
1. Facility Agreement (RM5,135.10 less 35% HDA rebate) 3,338.00
2. 1st Charge 513.50
3. Power of Attorney 513.50
4. Entry & Withdrawal of Private Caveat 350.00
5. Consent to Charge 300.00
Legal Fees before tax 5,015.00
Add :- Service Tax (6%) 300.90
Total Legal Fees 5,315.90

Disbursements
1. Stamp Duty on Facility Agreement + 2 copies 3,370.00
2.Stamp duty :-
a) 1st Charge 40.00
b) Power of Attorney 40.00
c) Letter of Offer 10.00
d) Statutory Declaration - Occupation & Bankruptcy 20.00
3.Registration Fees :-
a) 1stCharge 120.00
b) Power of Attorney 80.00
c) Entry & Withdrawal of Private Caveat 420.00
d) Application for Consent to Charge 150.00
4.Search Fees :-
a) Land Title 120.00
b) Bankruptcy Search Fees 40.00
c) Winding Up Search 50.00
5. Affirming Fees 20.00
6. Miscellaneous 50.00
7. Finance of Fees 100.00
8. Photostating/Fax/Tel/Courier, etc. 50.00
9. Transport, postage, etc. 150.00
10. Others 4,830.00

Total Legal Fees + Disbursements 10,145.90



Thank you very much!

This post has been edited by Secret_Garden: Apr 24 2011, 11:20 PM
Felice821
post Apr 22 2011, 05:34 PM

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From: KL


I bought a under-con property which the SPA borne by Developer. Here is the quotation for Loan Agreement as per attached..

We assigned the same solicitor for loan agreement and SPA. Is the charges reasonable or can have more deduction??
Attached Image

The Purchase Price is RM449,900. And the Loan amount is RM411,000.

This post has been edited by Felice821: Apr 22 2011, 05:39 PM
Seremban_2
post Apr 22 2011, 10:41 PM

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QUOTE(Secret_Garden @ Apr 22 2011, 04:12 PM)
Hi dariofoo,

This is the quote i get from lawyer . Do you think the below following charges are reasonable?

Homesmart Facility:  RM669,300.00   
Customer: 
Type of Facility: Developer - Under Construction - with title 
 
Legal Fees                                                                          RM RM
1. Facility Agreement (RM5,135.10  less 35% HDA rebate)  3,338.00
2. 1st Charge                                                            513.50
3. Power of Attorney                                                    513.50
4. Entry & Withdrawal of Private Caveat                    350.00
5. Consent to Charge                                                    300.00
Legal Fees before tax         
*
if not mistaken, underconstruction no need entry & withdrawal private caveat. hmm.gif



prunes
post Apr 23 2011, 08:44 AM

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I have recently purchased a leasehold apartment. Inside my SPA, it stated the completion date is 90 days after the receive of confirmation letter from developer. The same lawyer is acting on both SPA and LA.

I get to know that completion date should be 3 months in the normal case, and will automatically be extended a month.

My question here is is the 3 months or 90 days period inclusive of public holidays and weekends?

What can I do if the lawyer set the completion date few weeks later than the receive date of the confirmation date?

What can I do if the lawyer trying to delay and not answering my question?
echho
post Apr 23 2011, 08:59 PM

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anyone can comment on the risks of paying a 20% deposit? thanks
itanium2
post Apr 24 2011, 11:21 AM

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I am looking for a S&P lawyer to handle my condo purchase in KL.
Anyone who has good experience with lawyers who specialize in S&P matters, please kindly PM me.
Thank you.

MsPopcorn
post Apr 24 2011, 12:02 PM

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May I know the profit tax is charge on early 10% or 90% of payment?
TSdariofoo
post Apr 24 2011, 08:59 PM

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QUOTE(500Kmission @ Apr 21 2011, 08:28 PM)
Thanks for above wonderful answer.

But the link you give to us (i.e. http://www.malaysianbar.org.my/disciplinary_orders/), i dont know how i use it. I try select one person (i.e. Teh Beng Chneah) who has received a disciplinary orders before and search his name on the filter, that is nothing come out.

Please teach us how to check the person whether he has received a disciplinary order or not.
How long disciplinary order record will malaysia bar database will keep (e.g 2 years or 7 years). If the person has received a disciplinary order 10 years ago, where is the other way to search?
*
Try calling Bar Council at the number provided for at the first page. Ask for Membership Department. Give the name and they'll check it for you. They'll have the database from day 1 itself.

TSdariofoo
post Apr 24 2011, 09:04 PM

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QUOTE(MIKIHARANO @ Apr 21 2011, 09:51 PM)
Can somebody advise me what to do..

i bought a lelong condo 2 years ago. everything was running smoothly and no problem with the bank loan.
auction house bank- maybank
my loan banker - also maybank.
should be no problem, right?

but my lawyer has dragged this things for 2 years!
i keep follow up her, but she keep on saying "not yet"
until one day - the unit that i bought - bertampal with "CONDO FOR LELONG'
whaat??
i confront my lawyer - then she terhegeh2 to follow up with auctioner lawyer.
when i call my lawyer to query the status - she off her HP, changed her HP number and refused to provide me her new number.

She even asked me to follow up with auctioner's lawyer myself and do some rayuan since i already pay all the maintainance fee for this unit for 2 years.

what is happening?
i feel like give a full swing punch on her face for dragging me into this kind of misery and headace.

what should i do now?
this issue still not settle.

please advise me what to do...
please..... thank you..
*
That is an unusually long delay!

What you need to do now is this:
1. Prepare a letter directed to the firm - detailing the sequence of events from day 1 and what the lawyer has been doing (eg she off her HP, changed her HP number and refused to provide me her new number.. At the end of the letter, ask for a status update of your file.
2. Go directly to the law firm. Hand over the letter and get an acknowledgement chop;
3. Demand to have a photocopy of all correspondence (surat menyurat) from day 1 to date regarding the whole transaction;
4. Get an explanation from the lawyer as to what is the latest status;
5. If the explanation is not satisfactory, or there's no explanation whatsoever, go see another lawyer who is well-versed in litigation for a legal opinion with a view to file a complaint with the Advocates & Solicitors Disciplinary Board against the lawyer concerned.

* the website of the Board is on the last page of this thread, I think.

Don't delay any further and act fast. icon_rolleyes.gif

This post has been edited by dariofoo: Apr 24 2011, 09:08 PM
TSdariofoo
post Apr 24 2011, 09:09 PM

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QUOTE(MIKIHARANO @ Apr 22 2011, 08:40 AM)
thak you for your reply.
Yes, i already check with bar council - the firm name is available.
I will go to see my lawyer this morning.
i want to punch her!
*
Punching her won't solve the problem. Follow the advice rendered above. Good luck
TSdariofoo
post Apr 24 2011, 09:14 PM

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Whiteminic:

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


Land search ought to be RM30-50
Bankruptcy search RM12/pax
Stamp duty on SD is RM10, not 18.
If same solicitor then transport RM180 X 2 = RM360 is quite pricey. Same goes for printing - RM80 x 2 - RM160, and Misc - RM50X2 = RM100. Total for disbursements is RM620.


This post has been edited by dariofoo: Apr 24 2011, 09:18 PM
TSdariofoo
post Apr 24 2011, 09:19 PM

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Humble apologies,

That's as far as I can go tonight. All other queries shall be replied tmr. icon_rolleyes.gif

Dead tired after long outstation trip. sweat.gif

Cheerios. icon_rolleyes.gif
500Kmission
post Apr 24 2011, 10:16 PM

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QUOTE(dariofoo @ Apr 24 2011, 09:19 PM)
Humble apologies,

That's as far as I can go tonight. All other queries shall be replied tmr.  icon_rolleyes.gif

Dead tired after long outstation trip.  sweat.gif

Cheerios.  icon_rolleyes.gif
*
You are very helpful. Thanks for reply.
ableze_joepardy
post Apr 25 2011, 12:11 AM

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just quick questions

1) if i got rebate/discount offer by developer (eg. 10% so no need to pay down payment) does this shud be stated anywhere in my S&P (or any letter etc)? otherwise the default payment schedule ask me to pay 10% after S&P is signed.

2) can a developer charge a buyer with LPI if S&P yet to be signed?

tq..

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