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TSdariofoo
post Jul 22 2011, 11:04 AM

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QUOTE(Ricky300 @ Jul 21 2011, 09:53 PM)
Hi dariofoo,

Please advise me.

Direct purchase from Owner without involvement of Agent. However, My brother is the actual buyer. I'm just the middleman (Different State)

Owner requested for a 2% deposit to seal the deal.

Questions:-
1) Any document that can bond the Owner and My Brother for this 2%?
*Please note that my brother is not physically present for the deposit. Can I sign behalf of him? What sort of documents needed?

2) Can I ask my brother lawyer to submit the cheque (2%) to the Owner/Seller?
*Brother in Ipoh (Lawyer also Ipoh) however Seller in KL

Thanks in advance
*
1)Since your brother already has a lawyer in Ipoh, ask the lawyer's assistance to help to draft out a simple letter of offer to purchase with some terms with regard to the earnest deposit. This bonds the vendor until the SPA is ready for execution. Yes, you can sign on his behalf, but make sure vendor executes it in person, with an independant witness present.

2) How will the lawyer forward it to the vendor? Courier? Then when will the vendor execute the letter of offer to purchase? Perhaps you can bring it to the vendor personally and get it executed. At the same time, hand over the cheque. After that, the lawyer will follow-up with the SPA.

icon_rolleyes.gif
TSdariofoo
post Jul 22 2011, 11:06 AM

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QUOTE(kei18kun @ Jul 22 2011, 06:51 AM)
got it, do i compare with previous post or do i just post it here? notworthy.gif
*
Compare with previous posts as there are many samples and most of it are the same. The advice i've rendered , especially for disbursements, are about the same and is quite general. You can also download the SRO at the first page of this thread to calculate the legal fees, etc.

If still got doubt or if there is some funny or weird charge - then raise it up here.

icon_rolleyes.gif
sheesheebaby
post Jul 22 2011, 04:10 PM

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Thank you again dariofoo.
kei18kun
post Jul 23 2011, 08:21 AM

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QUOTE(dariofoo @ Jul 22 2011, 11:06 AM)
Compare with previous posts as there are many samples and most of it are the same. The advice i've rendered , especially for disbursements, are about the same and is quite general. You can also download the SRO at the first page of this thread to calculate the legal fees, etc.

If still got doubt or if there is some funny or weird charge - then raise it up here.

icon_rolleyes.gif
*
after checking with previous post and SRO, its pretty standard, thank you so much for your helpful advice. thumbup.gif notworthy.gif icon_rolleyes.gif wub.gif
irienaoki
post Jul 23 2011, 08:26 AM

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Question
im graduating soon
so my Q is should i practice @ not?
hahaha
man it s quite hard for me to face judges
lack of self confidence
thinking of specializing in conveyancing or apply for govt sector
can anyone enlighten me?
TSdariofoo
post Jul 23 2011, 01:50 PM

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QUOTE(irienaoki @ Jul 23 2011, 08:26 AM)
Question
im graduating soon
so my Q is should i practice @ not?
hahaha
man it s quite hard for me to face judges
lack of self confidence
thinking of specializing in conveyancing or apply for govt sector
can anyone enlighten me?
*
Graduating from a local uni? If so, you might as well do your pupillage @ chambering and get yourself called to the Bar. After that, you can decide whether to continue in private practice or join the govt sector.

Don't limit yourself to just conveyancing if you're opting out of litigation. Can consider corporate work as well. There are many areas of law to venture into. Which firm you pick to do your pupillage is important, as it will affect how much you learn in those 9 months.

Good luck icon_rolleyes.gif

Ms Sim
post Jul 23 2011, 09:18 PM

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Hello all, would like to ask, is there any housing act which prevents a condominium to become a hostel?
itsybitsy
post Jul 23 2011, 10:34 PM

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Hi Dario,

I found out from my lawyer that the title is still under the developer's name and the developer does not want to do a direct transfer to me. So I have to wait for the vendor to get the title in her name first and then transfer it to me. And this process could take 6 months. Does that mean that I could only get the keys to the apartment in 6+3+1 months after the S&P is signed?

Besides saving on the disbursement costs, are there any other benefits of retaining the same S&P lawyer as the loan agreement lawyer?
Is the loan agreement is standard version, or is it like the S&P for subsale property?

Thanks!
TSdariofoo
post Jul 24 2011, 01:11 AM

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QUOTE(Ms Sim @ Jul 23 2011, 09:18 PM)
Hello all, would like to ask, is there any housing act which prevents a condominium to become a hostel?
*
No. It's still residential, isn't it? smile.gif
TSdariofoo
post Jul 24 2011, 01:17 AM

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QUOTE(itsybitsy @ Jul 23 2011, 10:34 PM)
Does that mean that I could only get the keys to the apartment in 6+3+1 months after the S&P is signed?
*
Yes, unless you both can agree on early surrender of keys. Not advised, as things can be sticky if the SPA falls out. Some vendors rent it out to the purchaser, while some are more lenient - take the keys and pay maintenance, quit rent, assessment and other utilities. See how it goes with the vendor. nod.gif

QUOTE(itsybitsy @ Jul 23 2011, 10:34 PM)

Besides saving on the disbursement costs, are there any other benefits of retaining the same S&P lawyer as the loan agreement lawyer?

*
It can be faster, as it eliminates the time for one party to communicate with the other. Less paperwork. However, the word 'may' is important as it depends on how good the law firm is. If it is not efficient in the first place, you're doubly screwed. There is no check and balance and they can take their own sweet time. smile.gif

QUOTE(itsybitsy @ Jul 23 2011, 10:34 PM)
Is the loan agreement is standard version, or is it like the S&P for subsale property?
*
It is standard and its terms and conditions are dictated solely by the Bank with no discretion on your side to amend any of the terms. nod.gif
ycngjack1
post Jul 25 2011, 03:09 PM

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Hi,

Im also having nearly same problem with itsybitsy,

my case is the the house is already break to individual title, but my vendor hasn't change the name to his own, he said he wanna do at one time when he found the buyer (me), whats my concern now is, can the developer same like itsybitsy's developer that they can not to do a direct transfer to me? and i needa wait for them transfer to vendor only to me? Once i sign on LOA i have to start pay the loan back d right? can i push back the loan payment due to such incident that i have to wait few months (if situation is same like itsybitsy)?
rclxub.gif rclxub.gif

Thanks!


jeff_v2
post Jul 25 2011, 03:50 PM

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can someone advise me, usually how long do it take for a lawyer to obtain a redemption statement from govement loan?
i had been almost 2month, but my lawyer still stuck at this part...
youngman28
post Jul 26 2011, 01:18 AM

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Can somebody help me on this, i am new here.

Recently try to sell my double storey house through an agent, had sign the letter of offer and purchaser paid a 3% deposit,

However before signing the SNP, the lawyer call up the vendor and purchaser to discuss some issue on this properties, the lawyer found out that:-

-Developer was wound up (least hold)
-Property no title yet
-Master title with restriction in interest and subject to registrar caveat & private caveat

the lawyer forecast that they will be some delay in the process of getting the master title to sort out since they are>10 caveat case against the master title. and the lawyer suggest that since this may take more time to complete, and suggest that the first 7% down payment to be held by the law firm, and not pay to the vendor yet. He also mention that if the process of getting the loan is getting stuck or need too long time to get the loan fully release, the purchaser reserve the right to withdraw fr the SNP, and refund the down payment.

My question:-

-is that the normal practice, the lawyer advise the vendor to do so if facing the case as mention above?
-without getting the down payment fr purchase, feel like the purchaser had the right to withdraw the SNP at anytime if the market turn around?
-Do we trust the lawyer on this?, hear some lawyer may delay the process and use the down payment for their FD income only
-infavour to vendor since had sign the SNP, and the property need to obey the term and condition in SNP?
- the funny thing is that the lawyer can 't promise a time frame for SNP to be fully execute?

If you are on my shoe, what should u do? ( anyway i am not signing d SNP yet, need some advise fr the forum member here)

WLB
post Jul 26 2011, 10:20 AM

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QUOTE(mcwong @ Jul 21 2011, 04:19 PM)
I just informed by my lawyer that purchaser loan solicitor will release the first payment to my bank this week. My lawyer say it needs another 1 month atleast to complete a whole transaction. I wander what is the procedure that takes so long? how can i speed up the process as is already since 1 year for this transaction.

thanks in advance.
*
QUOTE(dariofoo @ Jul 22 2011, 10:52 AM)
What are the details of the property? Perhaps it is a leasehold property that requires consent from the state authority, hence the delay.

As to what you can do to speed things up, well, is is mostly your solicitors' duty, but perhaps you can make sure that all documents from your side have been handed over to him.

icon_rolleyes.gif
*
face same problem like mcwong..as a dariofoo said..it is a leasehold property, that required consent from state authority. so many dato' to sign cool2.gif

plus my lawyer is slow in action.. rclxub.gif
TSdariofoo
post Jul 26 2011, 12:46 PM

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QUOTE(ycngjack1 @ Jul 25 2011, 03:09 PM)
Once i sign on LOA i have to start pay the loan back d right? can i push back the loan payment due to such incident that i have to wait few months (if situation is same like itsybitsy)?
rclxub.gif  rclxub.gif
Thanks!
*
The norm is that you only start paying once the first release of drawdown to redeem the vendor's loan has been completed. So no worries for the time being nod.gif
TSdariofoo
post Jul 26 2011, 12:59 PM

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QUOTE(jeff_v2 @ Jul 25 2011, 03:50 PM)
can someone advise me, usually how long do it take for a lawyer to obtain a redemption statement from govement loan?
i had been almost 2month, but my lawyer still stuck at this part...
*
1 month is average.
TSdariofoo
post Jul 26 2011, 01:15 PM

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QUOTE(youngman28 @ Jul 26 2011, 01:18 AM)
My question:-
1)is that the normal practice, the lawyer advise the vendor to do so if facing the case as mention above?
-without getting the down payment fr purchase, feel like the purchaser had the right to withdraw the SNP at anytime if the market turn around?
2) Do we trust the lawyer on this?, hear some lawyer may delay the process and use the down payment for their FD income only
-infavour to vendor since had sign the SNP, and the property need to obey the term and condition in SNP?
3) the funny thing is that the lawyer can 't promise a time frame for SNP to be fully execute?

If you are on my shoe, what should u do? ( anyway i am not signing d SNP yet, need some advise fr the forum member here)
*
1) Not normal practice. Insist on the balance 7% to be paid to you.
2) It's not your lawyer right? It's the purchaser's lawyer. So what the lawyer is doing is to protect his client's interests. It does not matter whether you trust him or not. It is highly unlikely that purchaser's lawyer would draft a SPA which favours you.
3) Of course, as the factual matrix clearly indicates that there are conditions precedent before the 3+1 period kicks in. It is not a straightforward matter. The lawyer would of course want to protect his client's interests. Any delay from the purchaser's side, and he would have to pay late penalty interest to you.

As you are unrepresented and since you are not legally-qualified to draft a SPA to propose other terms, you are clearly at a disadvantage here. The terms as proposed by the purchaser's solicitor is clearly biased and favours the purchaser.

QUOTE(youngman28 @ Jul 26 2011, 01:18 AM)
If you are on my shoe, what should u do? ( anyway i am not signing d SNP yet, need some advise fr the forum member here)
*
Appoint your own law firm, give instructions to your lawyer, and let them deal with the purchaser's lawyers directly. Spend a bit of money and have the peace of mind. To continue to act on your own would be, as the saying goes, pennywise, poundfoolish.

Good luck icon_rolleyes.gif

Ms Sim
post Jul 26 2011, 02:29 PM

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QUOTE(dariofoo @ Jul 24 2011, 01:11 AM)
No. It's still residential, isn't it?  smile.gif
*
But since it becomes a hostel, does that it already being called for business uses instead of residential??
TSdariofoo
post Jul 26 2011, 05:02 PM

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QUOTE(Ms Sim @ Jul 26 2011, 02:29 PM)
But since it becomes a hostel, does that it already being called for business uses instead of residential??
*
Hostel in the business sense would mean like YMCA - a basic hostel for rent on a daily basis. That means there is a signboard placed on the building and the whole building is officially referred to as a hostel and is run in that sense.

If it is merely a case of multiple units being rented out to students, thus giving it an appearance as a student hostel due to the large number of student occupants, it will not be considered as a business. Thus, there would be no case of complaint against the developer/owner of the units.

Hope that clarifies things accordingly. icon_rolleyes.gif
Ms Sim
post Jul 26 2011, 06:01 PM

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QUOTE(dariofoo @ Jul 26 2011, 05:02 PM)
Hostel in the business sense would mean like YMCA - a basic hostel for rent on a daily basis. That means there is a signboard placed on the building and the whole building is officially referred to as a hostel and is run in that sense.

If it is merely a case of multiple units being rented out to students, thus giving it an appearance as a student hostel due to the large number of student occupants, it will not be considered as a business. Thus, there would be no case of complaint against the developer/owner of the units.

Hope that clarifies things accordingly.  icon_rolleyes.gif
*
sorry just to make more things clear.. let say, the college was renting from the owners, then allocate to the student as hostel, since the college payment inclusive accommodation (that is the condo which called hostel), there still no case of complain can be lodge??

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