ya the transaxction completesd ansd resdemption sum paid.but my lawyer stil hold the balance.can i abort?

How to make loan rejected? Sorry la boss that is beyond my area of expertise.

Open a new topic in the forum itself and gauge the response. Am sure some folks out there can help you.


Can nego, but usually if you had paid 2%, then 1% normally would go into the agent's pocket for his efforts. See how it goes. Depends on the vendor. If he is kind and easy going then he may well refund you in full.

Hi there Dario, can you please take a look on the refinancing loan legal fees? It's charge very expensive right? Thanks.

Refinance Loan amount: RM274,579.01

1. Discharge of Charge

(a) Stamp Duty 10.00
(b) Registration Fee 70.00
© Legal Fee 300.00
(d) 6% Government Tax 18.00


2. Facility Agreement

(a) Stamp Duty (Original) 1,375.00
(b) Stamp Duty (Copies) 20.00
© Legal Fee 2,372.05
(d) 6% Government Tax 142.32


3. Power of Attorney

(a) Stamp Duty 40.00
(b) Registration Fee 40.00
© Legal Fee 237.21
(d) 6% Government Tax 14.23


4. First Charge

(a) Stamp Duty 40.00
(b) Registration Fee 120.00
© Land Search 30.00
(d) Legal Fee 237.21
(e) 6% Government Tax 14.23


5. Bank's Private Caveat

(a) Registration Fee (Entry) 340.00
(b) Affirmation 10.00
© Registration Fee (Withdrawal) 80.00
(d) Land Search 30.00
(e) Legal Fee 350.00
(f) 6% Government Tax 21.00


6. Consent to Charge

(a) Application Fee 50.00
(b) CTC Title 50.00
© Registration Fee 50.00
(d) Affirmation 10.00
(e) Legal Fee 300.00
(f) 6% Government Tax 18.00

7. Others

(a) Misc. Expenses 50.00
(b) Bankruptcy Search 50.00
© Affirmation & Stamp Duty 50.00
(SD & Letter of Offer)

(d) Traveling, photostating, 300.00
telephone & postage



6839.25 (Total)

This post has been edited by juneww: Sep 7 2011, 10:23 PM

ya the transaction completed ansd resdemption sum paid.but my lawyer stil hold the balance.can i ask my lawyer not to pay him ansd abort the transaction?if he really dont want to repair how?i really want to abort the deal.any action can be taken? pls help Dario.This is subsale .

Since not yet sign S&P.. You get him a buyer, transfer to him.. Then ok liau lo.
Make sure the agent also ok with this la. But, to get a buyer.. Hmm

Or... ahem

I'm a landlord with an Iran guy as my tenant. Property is at Desa Permai Puteri Ampang.
Can i do draft my own rental agreement based on the previous rental agreement which was drafted by real estate agent ?
The reason is he want to save the RM200 commission charges which is paid to the real estate agent.
My question is if i draft the rental agreement exactly the same as the old one, and i also go to the LHDN office to get the stamp duty chop on it, it is still valid ?
What i did is only make new pages with the tenant details while the rest of the pages, i make a photocopy from the old agreement.

Rgds,
Milo_O

No la you can't "abort". The contract doesn't even stipulate this as a material breach which goes to the root of the contract in order for you to nullify it.

Your remedy is to sue the vendor separately if he still doesn't comply with the contract. Your lawyer still has to release the balance purchase price to the vendor. That is the way I see it based on the information you've provided me with as I do not have the liberty of perusing through your SPA.

For further clarification I suggest that you seek your SPA lawyer's advice.

Don't jump to conclusions and assume that the vendor will not repair the defects. With some diplomacy and tact, this small matter can be resolved without the need to seek "abortion"

Good luck

You ask a question and give the answer at the same time?

Download the SRO at the first page of this thread.

Reasonable/expensive or not - please refer to previous invoices and comments thereto in the previous pages of this thread.

Of course. No problem.

If the contents of the old agreement are favourable to you as landlord and you're ok with it, then go ahead. Don't waste time engaging lawyer or agents to prepare the tenancy agreement for you.

Then with the money saved you can upgrade from Milo O to Milo Peng kau kau



This post has been edited by dariofoo: Sep 8 2011, 02:49 AM

Thanks dariofoo. BTW, i dont like Milo sweet sweet.
If i have the chance to meet u in person, i'll treat u Milo Peng kau kau

Thanks a lot. Dario

Hi,

I've been renting a Condo for 3 years now.
The main Door slammed shut because of strong winds, and now there is a crack in the door, about 5 inches long.

Now i am moving out,
The Landlord wants to replace the door and wants to deduct the cost from my deposit. (~RM900)

Am I liable for this?


First of all, i have done some reading, and have come up with the following:

1. The damage was caused by wind, and not an act of carelessness or negligence.

2. There was no latch behind the door to keep the open door from slamming.
Therefore, i am not careless/negligent to use the latch, as none was provided.

3. I read that in foreign countries, such as New Zealand, that tenants have a right to keep their doors (or windows) open.
and that keeping a door open is not a form of negligence or carelessness.

4. I believe that strong wind is an act of God, that cannot be predicted.
And that it is part the LandLord's Risk when renting out his property. (is this true in Malaysia?)

I proposed paying half for the door, but the landlord insists that it was my fault because i left the door open when the wind blew.

Can the landlord really deduct my deposit for a new door?
Or is this considered normal wear & tear?

P.S. - I have repaired the door by sealing the crack with a very strong polymer (i am a Chemical Engineering student), the polymer is clear, so you can see the crack, but the crack is sealed, and the door is still functioning. I believe it is still in tenant-able condition, and should not be replaced.

Thank you so much

thanks a lot dario.i already ask my lawyer.he said this leaking already happened when i view the unit.not after the s&p .ant i not ask the vendor repair earlier so i xcant take an action,is it ?pls asdvise dario

and s&p also written
"force Majuere"
"in the event the property or any part thereof is prior to the date of delivery of vacant possession ,damaged or destroyed by fire,lighthing,tempest ,flood,riot,eathquake,civil commotion,malicious act and such others causes not due to the fault of the purchaser,the purchaser shall be entitled to terminate this agreement"

The leaking can be considered "damaged" some part of the property?mean can i terminate?pls advise dario .i really dont want the property now.Thank for your help

I.Am.A.Computer.Programme.Created.By.Lowyat.Net

A 5-inch crack is clearly a serious defect and the landlord has the right to compel you to pay for it. It is not usual wear and tear. The fact that you attempted to remedy it by putting in polymer does not change the fact that the defect is still visibile.

Your research and arguments are commendable but it will be a valiant effort. You were clearly in the wrong. That is my professional opinion.

Is this true? That you knew of the leaks when you viewed the property?

i diont know the leaks when i view but the vendor told the lawyer the leaks is there when i view but i didnt ask for repair so he already sold me the unit with discount.

and s&p also written
"force Majuere"
"in the event the property or any part thereof is prior to the date of delivery of vacant possession ,damaged or destroyed by fire,lighthing,tempest ,flood,riot,eathquake,civil commotion,malicious act and such others causes not due to the fault of the purchaser,the purchaser shall be entitled to terminate this agreement"

The leaking can be considered "damaged" some part of the property?mean can i terminate?pls advise dario .i really dont want the property now.Thank for your help .

What action can i take to terminate the transactions?

Help me dario

hi dario, can you advise me on how to put on stamp duty for tenancey agreement? rental amount is rm550 a month x12 (option to continue another 1yr). thanks

There you go. You knew of the leaks and the vendor sold it to you with a discount due to the leaks.

Force majeure does not apply in your case.


You can't terminate it. You had purchased the house on an "as-is-where-is" condition. It came with the leaks, and you got a discount in lieu of the vendor repairing same. If you had informed me this in your first post much time would've been saved instead of beating around the bush.

This is as far as I can advise you. If you want to proceed further please seek legal advice from another lawyer apart from your SPA lawyer.

Good luck.

hey dario,

one of my tenants would like to renew his tenancy. i dont intend to change any terms and conditions and would like to keep it at the same rental price. therefore i feel that a new agreement need not be drafted. is it enough for me to just write a letter to him stating that the agreement will be renewed with the same T&C as before? What about stamp duty etc? thanks