thanks again bro

just want to say what a good job you are doing here

Thanks, DarioFoo

Dear Dario,

Are you familiar with the practice in Sarawak? What are the charges for the legal fee?

Check what is stated in their invoice/note of charges. See whether preparation of MOT is included or otherwise. If there is none, there's no point pursuing it with them anymore as cakap mulut has no basis.

Well, you can pursue a case against him - provided you can track him down and serve the court documents personally on him. If you can't serve it personally then you have to go for substituted service (i.e. notice through newspapers and display on Court notice board), which will cost quite a bit. Even if you go through all that and win the case (most probably by default as most likely, he's not going to know about it, or even if he did, he doesn't come across as someone whol would bother to show up in Court) - you'll only get a paper judgment as you can't even institute bankruptcy proceedings against him. The other methods of enforcing it are not suitable in the context of your case.

Now, assuming that he defends himself and denies the claim. Can you prove when he stated the tenancy, when he left, and whether he acknowledged any of the receipts given to him? How was rental paid? Cash by hand? Cash by bank-in? If cheque, then yes, you can trace it to him. Otherwise, it's all your mum's word against his. The burden of proof is on your mum to prove, and not for him to deny. So, in the absence of any proof except of cakap mulut, in all likelihood the claim against him would fail.

My advice would be to take it as a bitter pill and the next time around, do spend a bit of money and engage a qualified person to prepare a tenancy agreement

No point spending good money chasing bad money.

Sorry am not familiar. You can call the Advocates' Association of Sarawak and find out more.

Here's their site: http://sarawak-advocates.org.my/

When we engage a lawyer to be our stakeholder for a snp (vendor side), beside paying the professional charges for the service of redemption of property, is there any other charges like legal representation charges?

on your bill, it usually includes disbursements, stamp duty etc. there's no such thing as legal representation charges. in land matters, fees are regulated by the solicitors remuneration act 2006. so they can't fluctuate the standard fees.

There are no legal representation charges. For redemption of loan on vendor's behalf - it would be RM300/title for discharge of charge OR RM400 if for deed of RnR (with revocation of power of attorney). There would be a bit of disbursements too for expenses incurred

It's actually the Solicitors Remuneration Order 2005, ma'am

i have an issue.... i bot a subsale house late 2010 and the seller is very slow in providing the proper documentation in order for my bank to pay.... its been 1/2 year and its still not settled.... i know if the buyer delays in providing the documentation ..... 14 days to reply.... the buyer might have to pay interest..... now is.... my bank is waiting to pay the seller but the seller still havent provide the documents.... is there anyway i can charge the seller interest? or something like tat?

any ideas on the loan legal fee for a property of 450k?

Pls refer to page 1 of this thread....

Tq.

what do you mean?

I have paid my prev lawyer to do the title transfer last year, as they didnt do it, they sent all my document to this lawyer (buyer's lawyer) and the money I paid them to this lawyer to do the 1st MOT for me.

How is it possible that a SPA still valid even the transfer being rejected by land office?

TQ.

If vendor delays, completion date extends automatically. Vendor's loss is that he can't benefit the balance purchase price. If balance purchase price received and vendor does not hand over vacant possession within xxx number of days, only then does the vendor pay late penalty interest to the purchaser. That's the general rule in most SPAs.

Time to read up yours to see if there's a clause which provides for something on the contrary. Highly unlikely, but no harm trying.

Thank you Suetyen and dariofoo. I am relieved.

Dear dario,

i'm new in this thread, appreciate your advice.

for my property, developer sent a letter on year 2008 for changing of stracta title. i was appointed a lawyer in this matter, but the lawyer told me unable to do the process coz consent under the previous owner's name. the consent must transfer to the first owner then only come to me. i could find the first owner to do MOT.

my question:
1) could able apply direct transfer to my name?
2) if transfer to 1st owner, normally the whole process how much could be charged? the 1st owner purchased from developer, that time free legal fee on S&P & stamp duty.
3) how long the process taken?
4) can i do refinancing at the same time change strata title?

Thank you.

1) Can, subject to developer's consent and undertaking to execute a direct transfer to you.
2) If the same law firm who did the SPA is appointed, it will be 25% of the scaled fees. Otherwise, it will be 50% of the scaled fees. Download the SRO at the first page of this thread - and go to pages 20-21 of the SRO.

3) Depends on the effiency of the lawyer and the land office in question.

4) Refinance? I thought that only now you're buying the property? In any event, the strata title must be registered in your favour first.

that means appoint SPA lawyer is cheaper than others? but i should appoint others, because SPA lawyer don't reply me any news even i call her for many times.



this property i bought 1 year after only get letter from developer, that's why when i able to contact the 1st owner recently, the 1st owner dont want bear any cost of the transfer. I tend to refinance my property recently, before that would like get professional advice on it. As i know, there is no fix period for bank release money, so can i sign letter offer from other bank then both process do on the same time?

Thank you. really appreciate your advice.

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Added on July 13, 2011, 1:41 pmI had contact developer, developer not allowed for direct transfer. for this case, is it no hope to get direct transfer?


This post has been edited by jojo5565: Jul 13 2011, 01:41 PM