1) Vendor has lawyer
2) Purchaser has separate loan lawyer

thanks

Btw, my lawyer is preparing the SPA. I wonder how long does it take to prepare the SPA? I have been waiting for two weeks long. I called the lawyer, and he mentioned it is pending vendor's lawyer confirmation that he (the lawyer) is act on behalf of the vendor.

Is this necessary? the vendor's lawyer has actually sent us the previous SPAs and title copies. Anything else that need to put in the new SPA that need to get from the vendor n vendor's lawyer?

Hi Dario

just thinking that if you could supply flowchart of sorts to cover the various different property transactions from payment of deposit till completion/VP covering different types of prop, prop with and without title, leasehold and freehold, charged and uncharged, etc..(dont think i covered all scenarios )so that any questions relating to this you can just direct the forumer to refer to that specific link for info...tak payah keep repeating your poor self..

thank you

Hi fellow experts,
Just wonder whether we can do on our own to transfer strata title from land office as it just came out. The fee from the same lawyer who did my SPA is too high. Just though we can prepare our own legal documents. What sort of procedure that I need to prepare, just asking whether this is possible?

Thanks and Regards,
Anthony

This post has been edited by wongtk: Aug 17 2011, 02:17 PM

agreed!!! its so common now a days for the final disbursement to be done on time and when there is a delay, everyone will point finger to one another and its extremely stressful for buyers as we have to fork out for the penalty. Especially when its not our faulty.

with the flow chart and proof of correspondence we can identify the party who is responsible for the delay and take action against them.

I feel as a buyer especially first time buyers we are often bullied as we are uncertain on our rights. From what i gather the party that cause the delay would be reprimanded by Bar council if a report is being made and they would have to pay the penalty.

If vendor has existing loan, particulars of the charge/deed of assignment would need to be inserted in the SPA as well.

Hi Jessy,

Toyed with the idea awhile ago, but then there's too many situations and scenarios to list down that in the end, it'll probably confuse the reader. Or even confuse me.

So far the examples you gave:
"prop with and without title, leasehold and freehold, charged and uncharged"

Yes, that's true.

Other scenarios to consider:
Vendor - local, foreigner, company? Different flowchart again.
Purchaser - local, foreigner, company? Also another different flowchart.

Purchase from developer? Subsale? - also different steps involved.

Buying with cash? Or taking loan? Taking 90% loan, 100% loan? Or less than 90%? Government loan?

Type of loan? Conventional? Islamic? Ah long loan?

Must still consider how many lawyers are involved - one lawyer acting for purchaser and purchaser's financier? two lawyers - one for purchaser and another for the purchaser's financier? or three lawyers - one for each party? Different steps for each situation. That is where things get complicated a bit. Who does what? Which lawyer does this and which lawyer does that? For subsale, it is not 100% fixed.

End result:

Ever bothered to read your SPA? Everything is there. If you don't understand, you should ask your lawyer.

If you still don't understand after your lawyer has explained to you - ask your lawyer to do one flowchart for you. Simple.

If you still don't understand after the flowchart has been prepared by your lawyer..then

It's not rocket science for your lawyer to do a flowchart based on the facts and scenarios of your case.

You're paying him fees anyway. Unless you demanded for a discount, so in that case you seriously can't complain.

Bullied? Your rights are stated in the SPA and in the loan documentation. Spare some time to read it and probably then, you'll be enlightened.

The Bar Council has no right or jurisdiction to demand anyone to pay any penalty. If you as the purchaser thinks that the lawyer delayed the matter, then you sue the law firm in a civil court and claim for indemnity of the penalty paid. BC will not intervene.

Your SPA lawyer can only charge you max 25% of the scaled fees. If you appoint another lawyer it will be max 50% of the scaled fees.

It's not easy to prepare your own MOT. I doubt if you can find the template for the MOT. I've never heard of someone who has prepared it on their own.

You can try your luck to ask in the open forum itself to see if anyone has done it before on their own.

Good luck.

hi dario,

for the 10% deposit normally cheque is issue to the law firm or the lawyer name ?

many thanks in advance

Ever bothered to read your SPA? Everything is there. If you don't understand, you should ask your lawyer.

Yes had read the S&P. But as a lay person its hard enough reading it what more to understand. Despite asking my lawyer and all there is little comfort in solving the delay.

To be honest when you are not in the wrong but due to some one else fault that resulting you having to pay rm72 per day till completion is no fun matter for any one. To me i expect my lawyer,banker, loan lawyer to assist me to resolve the issue given they had received their commission. FYI it has been 10 days since the stated completion date. I cant afford to let it drag on longer and had to do all the chasing,expediting and follow up my self.

I feel that after getting paid they just don't care at all and just blame one another on the delay and not focusing in resolving the clients dilema.

When you are in this position i doubt any one would have any mood to read the S&P and to understand it. What i care is resolving the delay and ensuring the full payment is made.

As im not in the legal profession nor exposed to it much, i don't know what bar council can or cant do but i believe that i have at least the right to complain to Bar Council and seek regress for the transgression. I don't have the desire to sue any one but only wanted the issue to be resolved with no extra charges / cost to all parties. Further more this is my 1st home purchased.

when you have so much expectations and excitement to finally move in to your own place and this happens to you, how is it not for one to feel bullied?

ps: i dont meant to be rude or sounds like a smart alec but only want to find a solution to my problems.

Law firm - vendor's law firm, or direct to vendor upon vendor's request.

Lawyer name? I hope the lawyer didn't request you to do that as that is very unethical. Unless by some coincidence the vendor is a lawyer?

With all due respect, you can't resolve/solve a delay. A delay has already happened. You need to find out which party caused the delay and why it was not prevented.

You're the only one who does not have the mood to read the SPA and try to understand it. The SPA is the most important document in the whole transaction. That is why you appoint a lawyer to do it and you pay legal fees. I suppose when your car breaks down you also would not have the mood to dig up for the user manual and try to see how to pinpoint and solve the problem? Is my analogy not correct?

Your SPA will clearly denote the duties and responsibilities of the parties in the transaction. You want to solve the problem but you don't want to read up on the solution? You ask your lawyer to explain but you find little comfort in that to solve the delay? If you don't want or try to understand what he is explaining, how do you expect to find a solution?

Can you see the contradictions in your statements there,brother?

What's your beef? I answered your question and told you what the BC can do. You take umbrage at my straightforward answer to your question? In fact, you did not even ask a question, you made a statement beginning with, "From what I gather.."

So I merely corrected you and told you the exact position.

Of course you have the right to complaint to the Bar Council - and seek redress (not regress). However, the BC would not make such an order as you had stated in your statement. Your remedy is at the civil court. So now you're telling that you don't have the desire to sue. So in that case, just bite the bullet and bear the penalty yourself. End of story,mate.

It's only a 10-day,brother. I've even seen 100 days delay and yet, parties keep a cool head and try to resolve the problem.

I've given you the solution so it's up to you whether you want to follow it or not. Since you deem that my answers to you are not good enough, I humbly suggest that you open a new topic in the open forum itself and get some answers. Surely there are more experts out there than Despicable Me in this lonely outpost.

I wish you all the best.

thanks bro..
appreciate your advice

Thank you very much for your help dariofoo!

Sorry that need your help to clarify further on this, dont really understand this,
the S&P is prepared by buyer's lawyer, I do not appoint any lawyer to act for me in the SPA, I will only appoint a lawyer to prepare my 1st MOT. Is this ok?

Many thanks!

I see.

Yes that can be done.

In that case, why don't you go back to the law firm who did your SPA and appoint them to prepare the MOT on your behalf. The legal fees would only be 25% of the applicable scaled fees. If you go to another law firm it will be 50% of the scaled fees.

Good luck

The owner is currently doing the the name transfer. I just got the latest update from the owner saying that he got the letter of consents (from land authority I guess). Is that mean he is in the middle of transferring name or just wanted to start?

Do you have any experience on the selangor (hulu langat) land authority ? how long it may take?

Thanks.

Hi Guys,

Need advice on the following. A house with 5 names on S&P. If one of the owner decides to sell he need the approval of the other 4 persons. What about refinancing or mortgage? Can a person act without the approval of the 4 others?. How and where do we check the status of the property. Please advice. Thanks.

Hi Dario

ya lah..too many scenarios..ok, i have a "smart" suggestion- just cover the common scenarios for the poor wannabes drowning in all the legal jargon..
some more some lawyers very garang one..not you of course ...the poor first timer usually dare not ask lots of questions as they dont want to get the
"aiya-why-you-ask-silly-questions-one " kind of look from their lawyers..

btw got ah long loan one meh -- that want no need agreement just shake hands only..

Thank you, appreciate very much for your kind advice. , unfortunately, I had a small argument with the SPA lawyer and now she refused to do the 1st MOT, but also insisted that I appoint a lawyer to act for me in the SPA, cause she does not want to discuss with me over the SPA. ;D. I am OK with getting another lawyer for the 1st MOT, but I dont want to appoint any lawyer to act for me in the SPA, as I believe it's my choice whether to have any lawyer to act for me in the SPA, or not.

Thank again for your help!!! It's very kind of you, really. ;D

Have a good day dariofoo!