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Khyra_abigale
post Jul 15 2011, 12:21 AM

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Good day everyone, I was wondering, where can I find free malaysian legal resources online, somewhat like a database that would help me in my research? Any information or link is greatly appreciated. THANKS!!
valentinonkk
post Jul 15 2011, 11:23 AM

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edited.

This post has been edited by valentinonkk: Jul 15 2011, 11:24 AM
irise.ufall
post Jul 15 2011, 11:51 AM

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QUOTE(dariofoo @ Jul 14 2011, 04:16 PM)
» Click to show Spoiler - click again to hide... «

Answers to your questions:
1) Yes. It does not affect the SPA
2) No you can't, but you can complain to the A&S DB.
3) What risk? It is a contract. If you're not happy with the services rendered, you terminate their services.
4) Whether or not fees are paid, that is a different issue altogether. It doesn't mean that she doesn't do her work professionally. Keep the letter as further evidence in your complain against her.

There are roughly 2000 law firms in Klang Valley. Out of that, at least half, or more than half, practise conveyancing. Am sure you'll find a replacement lawyer.

icon_rolleyes.gif
*
Thanks Dariofoo. thumbup.gif

Hope you don mind to enlighten me on these: notworthy.gif

1) May i hv the contact no. of A&S DB. I tried to search from Mr. Google but i cant find sth relevant..
2) The risk in my mind is: They may try to delay even more if i terminate them. Apparently she is helping the Vendor to drag (as the Vendor is still looking for a hse), will it fasten the process if i engage another lawyer? (by issuing letter to request for the docs required instead of let the currect SPA lawyer do watever she likes at her convenience)
3) Do u think they hv failed to perform as they don even answer my questions??
4) Can Bar Council really helps?

I try not to terminate their service but things are just not running at the standard speed. I m not asking for sth ridiculous, am i?

Thanks a million for your help~ notworthy.gif notworthy.gif
TSdariofoo
post Jul 15 2011, 12:55 PM

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QUOTE(may1126 @ Jul 14 2011, 05:00 PM)
Thx for ur advice nod.gif  had read SRO at the 1st page u provide.

for loan 320,450
my calculation = 1st 150k = 1% = RM1500
subseq 170,450 x 0.7% = RM1193.15
1500+1193.15 = RM2693.15 x 6% govn tax = 161.60 = RM2854.75
stamp duty 320,450 x 0.5% = RM1602.25
Total legal + stamp duty = RM2854.75+RM1602.25 = RM4457

pls correct me if wrong, thx  notworthy.gif

the lawyer charge 5500, he untung RM1043 ; Disbursement = RM1043 ?

just curious that how much MAXIMUM lawyer can charge for disbursement  shakehead.gif
*
There's legal fees on subsidiary legal documents like DOA and PA as well. It also depends whether it is subsale or from developer.

To cut a long story short and to avoid any more confusion, just insist on a note of charges from the lawyer IMMEDIATELY.

You can then compare with the many samples in this thread.

Disbusements vary from firm to firm. As stated, it may not be RM1043 as there are legal fees on subsidiary legal documents as well.

Good luck icon_rolleyes.gif


TSdariofoo
post Jul 15 2011, 01:01 PM

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QUOTE(straw @ Jul 14 2011, 05:06 PM)
Hi,

For rental tenancy how to calculate legal fees?

Thanks.
*
If rental is up to RM10,000.00 - 25% of monthly rental,subject to a minimum RM300.00.

If exceeds RM10,000.00 until RM100,000.00 - 10% from the excess.

If exceeds RM100,000.00 - negotiatable on the excess, but cannot exceed 10% of the excess.

Got it? icon_rolleyes.gif
TSdariofoo
post Jul 15 2011, 01:03 PM

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sansi:

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


Bro, can you compare with the previous samples in this thread to get a fairer idea? I think you've put up a sample yourself before this wherein I had advised you. It would be the almost the same. icon_rolleyes.gif
TSdariofoo
post Jul 15 2011, 01:11 PM

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QUOTE(irise.ufall @ Jul 15 2011, 11:51 AM)
Thanks Dariofoo.  thumbup.gif

Hope you don mind to enlighten me on these:  notworthy.gif

1) May i hv the contact no. of A&S DB. I tried to search from Mr. Google but i cant find sth relevant..
2) The risk in my mind is: They may try to delay even more if i terminate them. Apparently she is helping the Vendor to drag (as the Vendor is still looking for a hse), will it fasten the process if i engage another lawyer? (by issuing letter to request for the docs required instead of let the currect SPA lawyer do watever she likes at her convenience)
3) Do u think they hv failed to perform as they don even answer my questions??
4) Can Bar Council really helps?

I try not to terminate their service but things are just not running at the standard speed. I m not asking for sth ridiculous, am i? 

Thanks a million for your help~  notworthy.gif  notworthy.gif
*
The link is on the first page of this thread. The website has all the details you need to file a complaint.

With regard to your other questions/concerns, I can only advise you on your options but for me to go any further than that would be to over-step the boundaries of this thread.

You initially wanted to terminate them, but now you are saying that you "try not to terminate their services".

At the end of the day, please weigh your options carefully based on what I've advised you and make your own decision. I cannot forsee the consequences of the choices you make.

This is as far as I can go. You are always free to open up a new topic of your own at the Property Talk forum itself and see the response of other forummers there.

This thread is pinned here by the Moderators strictly for legal advice and nothing further.

I wish you all the best icon_rolleyes.gif
TSdariofoo
post Jul 15 2011, 01:13 PM

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QUOTE(Khyra_abigale @ Jul 15 2011, 12:21 AM)
Good day everyone, I was wondering, where can I find free malaysian legal resources online, somewhat like a database that would help me in my research? Any information or link is greatly appreciated. THANKS!!
*
You can try: www.lawyerment.com and www.elawyer.com.my

Ideally legal research ought to be done either at cljlaw.com or lexisnexis.com/ap/auth but you would need an account for those.

Why not go to UM library and do your research there? They would have the accounts and you can use their PC to look up for authorities and precedents for your research.


may1126
post Jul 15 2011, 02:41 PM

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QUOTE(dariofoo @ Jul 15 2011, 12:55 PM)
There's legal fees on subsidiary legal documents like DOA and PA as well. It also depends whether it is subsale or from developer.

To cut a long story short and to avoid any more confusion, just insist on a note of charges from the lawyer IMMEDIATELY.

You can then compare with the many samples in this thread.

Disbusements vary from firm to firm. As stated, it may not be RM1043 as there are legal fees on subsidiary legal documents as well.

Good luck  icon_rolleyes.gif
*
Thank you very much sifu notworthy.gif

i call the lawyer firm request the note of charge, telling we r rushing doc, we r busy now, not free to give u the note. pls call next week. wat the balia lawyer firm. not professional service. as my expectation, money oldy received.

this property is new. developer free SPA for purchaser, but i need to pay RM500 disbursement on SPA. By the way bcos of free SPA, developer fix me on panel lawyer. now i suspect the lawyer and developer have conflict of interest in the SPA transaction

For new property need DOA & PA ?
cnr89
post Jul 15 2011, 03:27 PM

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Hi Dariofoo
I am stuck with the problem below. I hope you can give some advice?
Situation as below:
I purchase a house recently and I request bank to include legal fees into my loan amount.
The bank has included RM 10k of legal fees on top of my loan amount. (The bank officer told that this is just an auto generate amount, which will definitely higher than actual legal fees).
Then I appoint a lawyer to process my loans and others, after I get a quotation which legal fees after discount is RM6K (disbursement charges is around 3k).
After that they charge to bank RM9K (disbursement charges is around 4K).
Their promise in beginning is the difference RM3K (RM9K- RM6K) will refund to me.
Problem:
But now they informed that the refund to me is only the discount for the portion of charges for property sales & Purchase agreement. Which the difference for the disbursement cannot be refund to me.
My question is what is the purpose for the quotation to me? Just try to cheat me by showing good price so that I will use their service?
The disbursement charges listed in my quotation is only RM3k. But can they charge RM4K to bank?
If can, the differences RM1K should refund to me. Right?? Or they no need refund to me.
The lawyer now insist only refund me the discount for the portion of charges for property sales & Purchase agreement. And inform that if I not happy with this can go report police.
I feel like I been cheated, as what they promised or inform is totally difference at the end.
What can I do on this case?

TSdariofoo
post Jul 15 2011, 04:25 PM

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QUOTE(may1126 @ Jul 15 2011, 02:41 PM)
i call the lawyer firm request the note of charge, telling we r rushing doc, we r busy now, not free to give u the note. pls call next week. wat the balia lawyer firm. not professional service. as my expectation, money oldy received.
*
Put a letter in writing and demand it from them. Give them 7 days, failing which you will report to the A&S Disciplinary Board. That ought to jolt them.

QUOTE(may1126 @ Jul 15 2011, 02:41 PM)
this property is new. developer free SPA for purchaser, but i need to pay RM500 disbursement on SPA. By the way bcos of free SPA, developer fix me on panel lawyer. now i suspect the lawyer and developer have conflict of interest in the SPA transaction
*
There are no free lunches. Now you know why they act like that. The developer is paying their fees, not you. If you wanted to avoid any so-called conflict of interest, you should've appointed your own lawyer at your own cost.

QUOTE(may1126 @ Jul 15 2011, 02:41 PM)
For new property need DOA & PA ?
*
Only a DOA and PA in favour of your financier, if property without strata/indiv title.

icon_rolleyes.gif
TSdariofoo
post Jul 15 2011, 04:30 PM

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QUOTE(cnr89 @ Jul 15 2011, 03:27 PM)
Hi  Dariofoo
I am stuck with the problem below. I hope you can give some advice?
Situation as below:
I purchase a house recently and I request bank to include legal fees into my loan amount.
The bank has included RM 10k of legal fees on top of my loan amount. (The bank officer told that this is just an auto generate amount, which will definitely higher than actual legal fees).
Then I appoint a lawyer to process my loans and others, after I get a quotation which legal fees after discount is RM6K (disbursement charges is around 3k).
After that they charge to bank RM9K (disbursement charges is around 4K).
Their promise in beginning is the difference RM3K (RM9K- RM6K) will refund to me.
Problem:
But now they informed that the refund to me is only the discount for the portion of charges for property sales & Purchase agreement. Which the difference for the disbursement cannot be refund to me.
My question is what is the purpose for the quotation to me?  Just try to cheat me by showing good price so that I will use their service?
The disbursement charges listed in my quotation is only RM3k. But can they charge RM4K to bank?
If can, the differences RM1K should refund to me. Right??  Or they no need refund to me.
The lawyer now insist only refund me the discount for the portion of charges for property sales & Purchase agreement. And inform that if I not happy with this can go report police.
I feel like I been cheated, as what they promised or inform is totally difference at the end.
What can I do on this case?
*
How do you know that they charged to the Bank 4k in disbursements? Do you have a copy of the note of charges/quotation sent to the bank? Or do you only have the note of charges/quotation sent to you?

Would need more info - something black and white - in order to advise you accordingly. Cakap mulut evidence is of no use.

Upload some docs and let's have a look.

icon_rolleyes.gif
may1126
post Jul 15 2011, 04:45 PM

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QUOTE(dariofoo @ Jul 15 2011, 04:25 PM)
Put a letter in writing and demand it from them. Give them 7 days, failing which you will report to the A&S Disciplinary Board. That ought to jolt them.
There are no free lunches. Now you know why they act like that. The developer is paying their fees, not you. If you wanted to avoid any so-called conflict of interest, you should've appointed your own lawyer at your own cost.
Only a DOA and PA in favour of your financier, if property without strata/indiv title.

icon_rolleyes.gif
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Really thank you very very much to u sifu notworthy.gif

DOA & PA will charge how much? have fix rate on the calculation ?
cnr89
post Jul 15 2011, 05:07 PM

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QUOTE(dariofoo @ Jul 15 2011, 04:30 PM)
How do you know that they charged to the Bank 4k in disbursements? Do you have a copy of the note of charges/quotation sent to the bank? Or do you only have the note of charges/quotation sent to you?

Would need more info - something black and white - in order to advise you accordingly. Cakap mulut evidence is of no use.

Upload some docs and let's have a look.

icon_rolleyes.gif
*
Hi Dario, thanks for your prompt reply

they send me the bill that charge to Bank.
so in my hand i have both copy of quotation, 1 is quotation to me, another 1 is to bank.
i do not know how to upload doc. furthermore i feel not that good to publish the quotation on the discussion page.
Is it convenience pm me you email address? then i email to you?

thanks in advance...
TSdariofoo
post Jul 15 2011, 05:42 PM

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QUOTE(cnr89 @ Jul 15 2011, 05:07 PM)
Hi Dario, thanks for your prompt reply

they send me the bill that charge to Bank.
so in my hand i have both copy of quotation, 1 is quotation to me, another 1 is to bank.
i do not know how to upload doc. furthermore i feel not that good to publish the quotation on the discussion page.
Is it convenience pm me you email address? then i email to you?

thanks in advance...
*
Sorry I do not do advice via PM. All QnA is to be posted here for the benefit of other forummers too.

You can black out the details of the firm, if you feel that it is not good to publish it, although there's nothing wrong in doing so.

Ball is in your court,mate smile.gif

icon_rolleyes.gif
TSdariofoo
post Jul 15 2011, 05:51 PM

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QUOTE(may1126 @ Jul 15 2011, 04:45 PM)
Really thank you very very much to u sifu notworthy.gif

DOA & PA will charge how much? have fix rate on the calculation ?
*
I guess you didn't read the SRO in full, or maybe you didn't understand? No worries. The language can be a bit complex sometimes.

Since you've just mentioned just now that it is from developer, so the full scaled fees do not apply in your case.

Look at pages 13-15 of the SRO doc. THIRD SCHEDULE - In relation to Charges...and other security documents

At the bottom of page 14 - for transactions under the HDA - yours will fall under ©. So the lawyer can only charge you 70% of the scaled fees in relation to legal fees for the principal security doc, i.e. the facility agreement.

With regard to the subsidiary security doc, refer to page 14 - for each subsidiary doc - 10% of the scaled fees (the reduced scaled fee, not the full one) subject to min of RM200 and max of RM1,000.00.

So, there would be two separate legal fees in relation to DOA and PA respectively for your case.

Now you know the formula so you can do the math ya nod.gif

icon_rolleyes.gif

This post has been edited by dariofoo: Jul 15 2011, 05:51 PM
cnr89
post Jul 15 2011, 06:14 PM

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QUOTE(dariofoo @ Jul 15 2011, 05:42 PM)
Sorry I do not do advice via PM. All QnA is to be posted here for the benefit of other forummers too.

You can black out the details of the firm, if you feel that it is not good to publish it, although there's nothing wrong in doing so.

Ball is in your court,mate  smile.gif

icon_rolleyes.gif
*
i am soory to informed that the earlier figure is just for easy explanation purpose only.
the correct amount is as attached or below

1) quotation to me - RM 4691.14, (disbursement charges is RM 2348)
2) charge to bank - RM7302.72, (disbursement charges is RM 3320)
3) the correct amount should refund to me is RM2611.58 (RM7302.72 -RM 4691.14). which this is an overall price difference in two quotation.

but now they only agreed to refund me the discount for the charges other than disbursement and government tax which is only RM1544.42.

the difference for the disbursement RM972 (RM3320- RM2348) will not refund to me. which means this RM972 is an extra that going to their pocket.

actually this is not only about the money matter. it is also about i feel like cheated and folly by people.

This post has been edited by cnr89: Jul 18 2011, 01:48 PM
TSdariofoo
post Jul 15 2011, 07:12 PM

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cnr89,

Difference in first quotation and second quotation is quite substantial. The disbursements in the second quotation are really marked up quite ridiculously, if I may say so.

This leads to the question - which is the correct quotation?

In fact, we can't call it quotation - it is a final note of charges. A quotation may be a draft.

So you need to ask the lawyer this.

Even if you put aside the discount issue and what not, the legal fees for the loan documentation for both notes are not the same, even though the fees are fixed, scaled fees.

For starters, write a formal letter of complaint first to the law firm. If there is no response, then write to the Bank.

Just wondering, did you ask for a discount from the lawyer? hmm.gif

This post has been edited by dariofoo: Jul 15 2011, 07:13 PM
Seremban_2
post Jul 15 2011, 08:28 PM

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QUOTE(dariofoo @ Jul 15 2011, 07:12 PM)
Just wondering, did you ask for a discount from the lawyer?  hmm.gif
*
Definately he/she ask for discount la. vmad.gif bruce.gif bruce.gif bruce.gif bruce.gif

Damn angry now. mad.gif

Malaysia famous of asking discount. Come to my stall buy handphone sure ask discount. Must mark up like other stall and then give back them discount for entertaining purpose. laugh.gif

Even too many developer, too many handphone shop, too many mamak stall, too many chinese restaurant, too many Real Estate Agent, alot of banker, alot of IT personal and etc.


eurayle
post Jul 15 2011, 10:58 PM

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Need some advice. Currently staying in a condo, and the upper unit's toilet is leaking. Have reported to Mgmt office, & they have informed the owner of the upper unit. But owner of upper unit refused to fix, because they said is developer's fault. This problem has been fixed before during defect warranty period, but that was more than a year ago, so by now warranty period already lapsed.

Do you think it's wise if I offer to bear the full cost of fixing their toilet, or do I have other options? Thanks in advance.

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