Thanks! But whose lawyer is going to submit the MOT? as 1st MOT and 2nd MOT need to be submitted concurrently?

In this case, (I am the vendor), can I have my lawyer to do the 1st MOT and pass it to buyer's lawyer to submit both MOTs?Thank you very much for you help.

Can I NOT have a lawyer to act for me in the S&P, but only do 1st MOT for me?

Hi dariafoo,

Recently I boought a new terrace house with 400k. I only loan 250k.

The lawyer from the bank has issued me a letter to settle the balance of differential sum to developer immediately.

Does it mean that I have to pay the differential sum now?

At the same time, I also received a letter from developer to pay for the 10% after the completion of the foundation of said buildings.
..

understand that bankers usually source for their panel lawyers to prepare the loan agreement. for this, can we request the banker to nominate another one of their panel lawyers

or request for "discount" if the fees are deemed too high?
thanks first

Hi dariofoo~
Last sat i just sign a booking letter with 2% pay to the agent. But today he ask me to sign another same booking letter which under same unit number but the selling price is 330k. The original price is 338k. Because he say that the owner want to run on the government tax. Is there any problem with this kind of things?

Beside that will this effect the bank value for this property because we going to submit the booking letter when apply loan right?

If you deem that the fees are too high you can:
1) Write to Bar Council to complain and insist that the lawyer be paid only peanuts; and
2) Do the loan documentation on your own.

reason i ask is noticed that the cost for my bank loan fees are much higher than my SnP fees. now trying to work this out with the relevant banker. 

can i write letter of demand myself ? or must let lawyer to issue it ? please advise, many thanks

Ok now the facts are clearer, although not 100%. So the Nemo dat quod non habet - "he cannot give what he does not have" - principle will be applicable in your favour as the developer cannot purport to sell it to another person (the neighbour) when it has sold it off to the vendor in the first place. So the purported sale to the neighbour would be null and void and of no effect. So my earlier advice would not be 100% applicable, in light of the factual matrix which you have just stated above.
It's breach of contract by the vendor against you. It is not fraud though. Don't merely use the word fraud as it is a bigger word than you think. It is not easy to prove fraud and in this case, from the basic facts stated, I doubt if the vendor is a party to fraud. I'm sure he is as ignorant about the purported subsequent sale as you are.
As explained earlier - you sue the vendor for breach of contract - the vendor will subsequently bring the developer in as a third party, and perhaps the neighbour as well. It's messy, and would cost you quite a bit of money in legal fees as well. Whether or not you can recoup the legal fees from the other parties in this case once it's over is another issue.

If you're going to reside in the unit after this, bear in mind that going on the warpath against the developer and your neighbour, albeit indirectly, may not be the wisest option.

However, if you are going strictly on the principle that you ought to get what you paid and contracted for, then by all means go all out to get that parking lot assigned in your favour.

From the facts presented herein, you do have a good case. The neighbour's remedy would be to sue the developer for damages only, as he can't get back the parking lot.

I'm going to pre-empt you at this stage before you ask me and inform you that legal fees for litigation (court) matters are subjective and differs from firm to firm. There's no market rate, usual rate, normal rate, etc etc etc. So if you want to find out, you need to see a litigation lawyer, set out your facts, and ask for a quotation for legal fees.

I wish you all the best.

hi can any one advice me on the step by step process from 1st disbursement to full and final disbursement ?  I'm facing an issue here where by the completion date would be end of this month but its seems that some how it was stuck now after the1st disbursement. i do not intend to pay for the penalty as its not my fault at all.. its a classic case of who done it and bank,lawyers are blaming one another.  really need help on the process in order for me to ensure the entire process is moving at speed.

Please advise how I should proceed with this. How can I quantify the damages to claim?

hi Dario,

need your help again.
I'm in the midst of buying a new freehold landed property and about to sign the s&p. Currently that parcel of land is still under master title. So my question is:
1. do i need to pay the same amount of legal fee and stamp duty as those units which already have individual title?
2. do i need to pay stamp duty and legal fee again when the individual title is out? (it'l like paying twice for the same property, once under master title and once under individual title)
3. is it ok to have only master title in the loan agreement?

Thanks in advance!

1. Yes, same scaled legal fees.
2. At the moment, you only pay stamp duty upon your loan doc. You don't pay stamp duty upon the MOT as there's no MOT at the moment. So there's no stamp duty on the SPA side, except nominal stamping fees for the SPA, though.
3. Yes, of course. In any event, it's for the bank to decide, not you.  So if the bank is ok with it, then there ought not to be any problem. 

for no1, meaning its the same scaled fee without mot right? for no2, how much is the nominal stamping fee for spa for property @RM280k?
the bank had offered me loan with the master title in the offer letter.. do i need to change the information in the loan agreement when i have my individual title? Thanks

With or without title? 

without title..