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

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StevenL
post Jul 18 2011, 09:02 PM

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Hi Dario or other knowledge members,

Am selling my existing property, am thinking of using the lawyer as the purchaser for this tranx. Want to ask if;

Can i file/submit the CKHT 1A & 3 forms myself? What are the accompanying forms to submit with this?

The lawyer charge bankruptcy search to me, is this necessary?

Also the traveling expenses is RM150, is this ok?

Pls advise and thanks in advance.
itsybitsy
post Jul 18 2011, 10:25 PM

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I found out from this forum that bankruptcy search costs 12 per pax.

How to determine how many pax is involved in the bankruptcy search?
mixeroni
post Jul 18 2011, 10:39 PM

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Good day guys, i have a quick question here.
Recently i just bought a house with the price of RM251,000.00 (1st house) and my problem now is i have to engaged with 2 lawyers (1 dealing with SNP and another one dealing with loans and transfer.

I already got the price quotation from the second lawyer which is dealing with loan and transfer.
The breakdown price are as per below:

1) Facality charges RM2060 (which negotiated and discount to RM1030)
2) Charge Annexure RM206
3) Stamping Facility Agreement & Copies RM1170 (Do i entitle for 50%?)
4) Stamping charge Annexure & copies RM30
5) Cost of security documents RM200
6) Stamping of Letter of Offer RM10
7) Swearing & Stamping SD-OO & SD-Brky RM50
8) Registration Charge RM110
9) Landsearch RM100
10) Travelling & Photostat RM50
11) Misc & Postage RM50
12) Bankruptcy Search RM100

GRAND TOTAL RM4271.96 (Which discounted to RM3200 later)

What do you think of the pricing above?
The cost above are all without the SNP. I am wondering do i need to pay to the first lawyer handling my snp all of the above charges again and how much should be the acceptable price for lawyer handling SNP?

Your urgent repky is highly appreciated. TQ


Added on July 18, 2011, 10:42 pmThe reason i am engaging two lawyers.

1) Sellers requested to process the SNP thru 1st lawyer
2) Taking company loan which i have to go back to panel lawyer which is the 2nd one.

This post has been edited by mixeroni: Jul 18 2011, 10:42 PM
TheFear
post Jul 18 2011, 10:58 PM

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Hi Dariofoo,


I hv taken yr adv by issued bank draft as the deposit for that sub sale property. Hence, our loan is in the middle of processing, I hv some enquiry need yr help :-


1) the owner is working as a management staff in the same bank that process our loan, will it be advisable if we take up the loan of this bank as well? As loan agreement & SPA also will be given to the same bank if we taken the loan, will it be secure??
(I'm afraid differences in between the vendor's & purchaser's interest) (or the sum of purchased $$$ being transfer to the owner without our notice etc....., as once being conned Im really can't trust any of them....)

2) what should I beware of before signing "Letter of Offer" from bank? Is there any penalty if signed then withdraw?

3) usually how long should we insured for MRTA?

4) How to proof whether he is the real genuine owner of the property? Even though he has showed us the SPA (developer hv not handover key to this owner yet, maybe next month).

5) will the owner received Notice of Assessment & Quitrent for this kind of property situation? (developer hv not handover key to this owner yet, maybe next month).

6) is owner / agent / lawyer need to be present while we signing "Letter of Offer" from bank?


Hope to hear from you soonest possible.

Hv a nice day~

Thank you.


may1126
post Jul 19 2011, 09:48 AM

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QUOTE(dariofoo @ Jul 18 2011, 06:00 PM)
Just saw your post. A bit too late in the day to call him now huh. Hope you did without waiting for me to advise you though. If you did, then ask for the new note of charges with the 70% scaled fees reflected.

Otherwise, if cheque cleared, ask for reimbursement.  icon_rolleyes.gif
*
Thank you very much, u r not only helping me, but all the purchaser for this project who use same lawyer.
really kena buy u a tea.

thx sifu wub.gif thumbup.gif
TSdariofoo
post Jul 19 2011, 12:15 PM

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QUOTE(StevenL @ Jul 18 2011, 09:02 PM)
Can i file/submit the CKHT 1A & 3 forms myself? What are the accompanying forms to submit with this?
*
Sure. It's Form CKHT 1A and Form CKHT 3.

QUOTE(StevenL @ Jul 18 2011, 09:02 PM)
The lawyer charge bankruptcy search to me, is this necessary?
*
No. It ought to be borne by purchaser,not you.


QUOTE(StevenL @ Jul 18 2011, 09:02 PM)
Also the traveling expenses is RM150, is this ok?
*
Excluding filing CKHT forms? Just to do discharge? Any other charges, i.e. for papers, fax, tel, misc? If no other charges, then RM150 is fair. If got others, and this is just for transport, perhaps RM80-100 is fair. Depends on where your bank is located too. If far from the law firm, of course transport will be costly.

TSdariofoo
post Jul 19 2011, 12:17 PM

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QUOTE(itsybitsy @ Jul 18 2011, 10:25 PM)
I found out from this forum that bankruptcy search costs 12 per pax.

How to determine how many pax is involved in the bankruptcy search?
*
Depends on how many vendor(s) and purchaser(s) involved in the SPA. Pax refers to vendor & purchaser. icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 12:30 PM

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


Bro, can you compare with the previous samples in this thread to get a fairer idea? There's about 30-50 samples of quotes with comments for you to compare. If still got doubt do come back and ask. icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 12:30 PM

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QUOTE(may1126 @ Jul 19 2011, 09:48 AM)
Thank you very much, u r not only helping me, but all the purchaser for this project who use same lawyer.
*
You're welcome cheers.gif
may1126
post Jul 19 2011, 12:48 PM

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QUOTE(dariofoo @ Jul 19 2011, 12:30 PM)
You're welcome  cheers.gif
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Finally, the lawyer ask for my account no. will bank in what i request.

Thank you Dariofoo sifu rclxm9.gif thumbup.gif
WLB
post Jul 19 2011, 04:16 PM

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Need some information/advice

The scenario like this...The completion date on 13th Aug 2011 (just a few days)..Then my lawyers just send the MOT to developer and expected to be returned on 19th July 2011(today). At the same time, my bank lawyer has informed that she has just obtained the 2nd half year assessment for payment. The seller has to settle the payment first before bank lawyer can proceed to submit for the application for consent to charge. My lawyer said once the MOT is returned from the Developer’s office, they will submit for adjudication for stamp duty assessment and payment thereof.

When saw this scenario, it can take a few weeks maybe a month to settle? rclxub.gif

The completion date 13th Aug 2011 cry.gif

Need some advice for this matter.

Tq

cnr89
post Jul 19 2011, 06:04 PM

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QUOTE(dariofoo @ Jul 16 2011, 12:54 AM)
That's where the problem started. They take you for a ride when you ask for a discount.
Complain to the firm in writing. State that the first invoice was xxx but the second invoice was xxxx amount. Ask for an explanation. Only when you're not happy with the explanation, do you complain to the Bank. It is your money anyway. The Bank incorporates the legal fees into the loan but at the end of the day, you're paying for it.
No they can't as you're paying the legal fees by virtue of the loan agreement. It is incorporated in your repayment. It's different if the Bank absorbs it. This is considered your money, so you have to right to find out and agree to the quotation submitted to the bank.

Go see the managing partner and see what info you can get. See what he explains to you. Remember that you don't hold all the aces as you had already asked for a discount and same was given to you. You can't expect to have your cake and eat it too right? However, the law firm can't give two quotes, and end up billing you higher than what was initially quoted to you.

After the meeting, do let me know how it goes. Good luck.  icon_rolleyes.gif
*
I received a call from the lawyer that dealing with me. What a surprise me that they going to refund me full difference amount. And told no need to go their office for so call face to face explanation. Also they will bank in the cheque for me.
he said his managing partner (boss) misunderstand and now he already explain to him everything..
I don't know want can say about this professional lawyer firm.... haizzzz
anyhow, hope everything is settle from now. and hope receive their amount soon.
again many thank to you

This post has been edited by cnr89: Jul 19 2011, 06:09 PM
kei18kun
post Jul 19 2011, 09:42 PM

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Hi Dario, need your help

I just bought a second house worth RM180k, loan amount RM162k. The lawyer charged the bank RM3700 and charged me RM5900. The thing i don't understand why my sister the same thing bought second house RM290k and got charged RM5700?

Isn't the higher the value the house then get charged more? Please clarify. Thanks in advance. smile.gif
TheFear
post Jul 19 2011, 10:20 PM

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Hi Dariofoo & all,

***URGENT***

Pls help.....

We hv not taken any offer from bank nor signing the loan agreement yet, can SPA sign BEFORE the Loan Agreement/Letter of Offer from bank ???

As the agent said owner asking him some of the question that someone offer him higher price than us, so what would happen if he cancel option.....so agent want us to sign the SPA first!!

Pls help, plsssss.


This post has been edited by TheFear: Jul 19 2011, 10:39 PM
TSdariofoo
post Jul 19 2011, 10:54 PM

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QUOTE(WLB @ Jul 19 2011, 04:16 PM)
Need some information/advice

The scenario like this...The completion date on 13th Aug 2011 (just a few days)..Then my lawyers just send the MOT to developer and expected to be returned on 19th July 2011(today). At the same time, my bank lawyer has informed that she has just obtained the 2nd half year assessment for payment. The seller has to settle the payment first before bank lawyer can proceed to submit for the application for consent to charge. My lawyer said once the MOT is returned from the Developer’s office, they will submit for adjudication for stamp duty assessment and payment thereof.

When saw this scenario, it can take a few weeks maybe a month to settle?  rclxub.gif

The completion date 13th Aug 2011  cry.gif

Need some advice for this matter. 

Tq
*
Well, the completion date is not fixed and it may be extended if there is a delay on the part of the vendor as well. You mentioned about your lawyer just served with the payment of assessment by the vendor. Perhaps there was a delay from the vendor in that regard? So, the completion date would be extended beyond 13/08/2011.
Check with your lawyer as to the completion date first before getting unduly worried. icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 10:56 PM

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QUOTE(cnr89 @ Jul 19 2011, 06:04 PM)
I received a call from the lawyer that dealing with me. What a surprise me that they going to refund me full difference amount. And told no need to go their office for so call face to face explanation. Also they will bank in the cheque for me.
he said his managing partner (boss) misunderstand and now he already explain to him everything..
I don't know want can say about this professional lawyer firm.... haizzzz
anyhow, hope everything is settle from now. and hope receive their amount soon.
again many thank to you
*
Ok, good. All is settled then without any more fuss. Take it as an experience, I suppose. What doesn't kill you only makes you stronger, as the saying goes. smile.gif

Cheerios.

icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 10:59 PM

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QUOTE(kei18kun @ Jul 19 2011, 09:42 PM)
Hi Dario, need your help

I just bought a second house worth RM180k, loan amount RM162k. The lawyer charged the bank RM3700 and charged me RM5900. The thing i don't understand why my sister the same thing bought second house RM290k and got charged RM5700?

Isn't the higher the value the house then get charged more? Please clarify. Thanks in advance. smile.gif
*
It's hard to advise you when the figures are stated generally like that. You need to insist for a detailed invoice/note of charges from your lawyer to compare. There would be many reasons for the difference - most probably it would be on the disbursements side. Try to get more details and I'll advise you further from there.

icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 11:03 PM

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QUOTE(TheFear @ Jul 19 2011, 10:20 PM)
Hi Dariofoo & all,

***URGENT***

Pls help.....

We hv not taken any offer from bank nor signing the loan agreement yet, can SPA sign BEFORE the Loan Agreement/Letter of Offer from bank ???

As the agent said owner asking him some of the question that someone offer him higher price than us, so what would happen if he cancel option.....so agent want us to sign the SPA first!!

Pls help, plsssss.
*
Of course you can sign the SPA before loan agreement. In fact, most of the time, that is how it is done. The loan agreement is conditional upon execution of the SPA. Without an SPA, the loan agreement becomes redundant.

So go ahead and sort out the SPA.

Anyway, if there is a letter of offer to purchase, it would normally give the purchaser 14 days to prepare an SPA and forward it to the vendor. So, the vendor is still bound to obey the terms of the letter of offer. So, your position is secured there. icon_rolleyes.gif
kei18kun
post Jul 19 2011, 11:32 PM

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QUOTE(dariofoo @ Jul 19 2011, 10:59 PM)
It's hard to advise you when the figures are stated generally like that. You need to insist for a detailed invoice/note of charges from your lawyer to compare. There would be many reasons for the difference - most probably it would be on the disbursements side. Try to get more details and I'll advise you further from there. 

icon_rolleyes.gif
*
ok thanks, then i'll make a payment first and get the note of charge. thanks for the help
TSdariofoo
post Jul 19 2011, 11:35 PM

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QUOTE(kei18kun @ Jul 19 2011, 11:32 PM)
ok thanks, then i'll make a payment first and get the note of charge. thanks for the help
*
Terbalik, boss. Ask for note of charges first, then pay. You must know what you're paying for first.

Know your rights,mate. nod.gif

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