1) You can apply for a loan but technically, you can't execute the loan documentation before you execute the S&P. I think what you meant to say was sign the Letter of Offer from the bank,right? In that case, yes you can.

2) Hope you understand the flow from the above explanation, but let me try to reproduce it here again:

Sign Offer to Sell (pay booking deposit 2%) -> Sign S&P -> Sign letter of offer -> sign loan documentation

or

Sign Offer to Sell (pay booking deposit 2%) -> Sign letter of offer -> sign S&P -> sign loan documentation

The second scenario is more secure as there would be a problem if you sign the S&P but later, you can't secure a loan [eg due to insufficient income docs or low valuation]. In such cases, the S&P would have to be aborted (unless you can come up with cash to make up the shortfall), and the vendor actually has the right to forfeit the 10% deposit.

When the S&P is aborted, the solicitor would normally charge half of the scaled fees, and refund whatever unused dibursements back to you. Same applies for loan doc.

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Added on November 7, 2010, 2:14 amIs this a subsale or purchase directly from a developer?

This post has been edited by dariofoo: Nov 7 2010, 02:14 AM

Hansel,

"...but the buyer shared with me that the Dev was afraid that the Cash Buyer would not pay the rest of the Staged Payments if the MOT has been completed."

That is a ridiculous concern (if true) by the developer. In a situation where the buyer pays by cash, the whole sum will be deposited with his solicitor and will be kept in the latter's client's account, and will by duly disbursed when same is due and owing. It would be preposterous to suggest that the buyer can withhold payment.

Two reasons for the above: First, the money is not in his hands, and second, he would've undertook to disburse the sum as and when is due to the developer. His solicitor acts on the undertaking and has no choice but to disburse the money as and when progressive payments are requested by the developer.

As you stated:
"...the buyer decided to redeem the loan from the bank in the middle of the construction, and gave an undertaking to the Dev to continue paying the progressive payments to the Dev as and when any stage of the construction has been completed"

This would also be provided for in the S&P. If the solicitor refuses to do so, he would open himself up for a complaint for misconduct. Therefore, he should advise the buyer against withholding payment to the developer.

Another reason why that would be improbable is that - there's no logical explanation why the buyer would even want to withhold payment. Wouldn't that provoke a reaction by the developer to further delay the completion of the project?

Coming back to the MOT predicament - yes it is not only unfair and not right, but also unlawful - the buyer can file a civil suit in court to compel the developer (or the LP) to execute the MOT.

However, I would advise the buyer to hold his hands first. Getting the individual title is not of paramount or imminent importance. The completion of the project would be more crucial. The buyer risks stirring the hornet's nest by instituting legal proceedings NOW just for the purpose of getting the individual title out. That can wait. He has to play the game - Make the necessary payments, get the project completed, wait for CF and then collect his keys. Then unleash hell upon the developer by instituting legal proceedings to compel the developer (or LP) to execute the MOT.

No point getting a title out for an uncompleted project anyway, right? What can you do with that piece of paper anyway right now? Charge it for a loan? Absurd, as the buyer would've spent bit redeeming his previous loan (the early settlement penalty would've killed him).

Food for thought on a Sunday morning eh?

This post has been edited by dariofoo: Nov 7 2010, 11:23 AM

Sorry bro, this thread is to provide information and legal advice in general, and it would not be proper for anyone to recommend lawyers here, or for lawyers to advertise or solicit for clients here.

I would advise you to ask your friends or family members who have used the services of a reliable conveyancing lawyers to hook you up.

Appointing a lawyer is not like walking into a grocery store. It's like going to a doctor or a mechanic. You have to know that the service will be good the moment you appoint the law firm, and to know for sure would be to ask family and friends who have used their services prior.

Every law firm is different. A big firm may not necessarily be good, while a small firm may not necessarily be bad.

Get a draft invoice (or Note of Charges, as they call it) and if you need advice on that, put it up here so that we can check if the law firm is overcharging or improperly charging you for anything.

Good luck

Sorry sorry Hansel have been pretty busy this past weekend. This scenario is quite straightforward:

1) Execute S&P - pay deposit;
2) Developer has to apply for consent from the State Authority for whole of master title (it's called blanket consent);
3) Developer obtains blanket consent - applies for subdivision;
4) In the meantime, purchaser makes progressive payments as and when same is due;
* purchaser need not bank in the whole of the balance purchase price into the client's account - purchaser can make payment on his own directly to the developer;

5) Developer obtains individual title and informs purchaser/ purchaser's solicitor of same. Solicitor will prepare MOT, execute same and forward same to the developer

* with regard to your query - it is only the LP who executes it, UNLESS the LP had previously executed a Power of Attorney (PA) in favour of the Dev, wherein the latter will execute it on behalf of the LP - it is more for the sake of convenience.

6) At this stage, the letter by the State Authority granting blanket consent to transfer will be copied and sent to all the purchasers.
7) MOT is sent for adjudication of stamp duty by LHDN;
8) Once notice from LHDN is out stating the duty payable, purchaser makes payment of stamp duty and MOT is duly stamped (or nowadays they just give out a Sijil Setem, instead of franking the document);
9) MOT can be presented for registration - issue document of title will be issued in favour of the purchaser;
10) Purchaser continues making progressive payments in the interim - once development completed and Architect's Cert has been issued as well as when the Developer obtains the CF, the Developer would finally hand over vacant possession of the completed unit to the purchaser

...and everyone lives happily ever after..

This post has been edited by dariofoo: Nov 8 2010, 12:30 PM

Yes, the MOT must be executed by all parties involved before it can be sent for adjudication.

Very easy only. File an Originating Summons (Saman Pemula) in the High Court seeking, among others, an order for specific performance, i.e. that the developer (or LP, if there's no PA) executes the MOT and hands over same to the buyer within 14 days from the date of the Court Order, and in the event the developer fails to comply with the above, that the Senior Assistant Registrar of the High Court be given the authority to execute same.

Your argument would be based on the agreement itself, which provides for them to execute it within 21 days.

They would have no excuse for not complying with the provision of the agreement.

After obtaining the order and getting it executed, you can present the MOT for adjudication and proceed to present it for registration thereafter.

By way of Originating Summons will not take long as it will be heard immediately after affidavits are exchanged. There is no oral evidence as everything is based on documents.

You can get an order within a few months. Of course, this would depend on the efficiency of your lawyer. Haha.

Hope the above helps.

Hi,

I'll answer 1) and 2) together:

As a vendor, you have three options:
1) Appoint a solicitor to act on your behalf, whereby the solicitor will charge FULL SCALED FEES and will peruse the draft S&P for you and advise you accordingly. Your solicitor will assisting you in discharging the charge, and obtain the unencumbered original title from the bank for onward transmission to the purchaser's financier's solicitor (let's assume the purchaser will be taking a loan). They will also assist you by filling up the CKHT1A (and CKHT3) and proceed to file same at LHDN. Your solicitor will also keep check as to the completion date and would exert some pressure on the purchaser's solicitors to complete the S&P within the stipulated time and pay up the late penalty interest, if applicable.

2) Act totally in person. This means that you would have to run around to your financier, apply for a redemption statement, collect it, prepare a discharge of charge, get the cheque for the redemption sum from the purchaser's financier, get your financier to execute the discharge of charge, serve it to the purchaser's financier, fill up the CKHT1A and CKHT3 and file it yourself at LHDN.

3) Authorise the purchaser's solicitor to act on you behalf ONLY in respect of assisting you in discharging the charge, and obtain the unencumbered original title from the bank for onward transmission to the purchaser's financier's solicitor (let's assume the purchaser will be taking a loan). They will also assist you by filling up the CKHT1A (and CKHT3) and proceed to file same at LHDN. You will not be charged full scaled fees, but the fees for Discharge of Charge : RM300 and CKHT 1A: RM300 are fixed and is normally charged in this kind of situations.
NOTE: There is no conflict of interest here as the solicitor is merely ASSISTING you to redeem the property and discharge the charge. All this has nothing to do with the purchaser


Your current position would be no (3).

Benefits: You save on solicitor's full scaled fees. You only pay a minimal amount for discharge of charge, CKHT 1A and disbursements.

Cons: You must read and understand the S&P yourself, do not expect any preferential treatment from the solicitors as they are acting for the purchaser and thus, you would have no avenue should there be any delays, etc. In fact, you may not even be updated very often as to the progress as the solicitor is not obliged to CC any correspondence to you. In the event of any late penalty interest, you would have to do the calculation and claim for it yourself from the purchaser's solicitors.

The clause "the seller chose not to be represented by a lawyer" means that you are deemed to be unrepresented.

With regard to the draft note of charges, there are a few 'unnecessary charges' in my opinion:
Statutory Declaration: RM100
* What SD is this? That you're not a bankrupt? Tell them that you will bring it to a Commissioner for Oaths yourself to be affirmed - RM8 only.

Change of Ownership (DBKL): RM100
Change of Ownership (mgmt office) : RM100
* This is ridiculous. All this can be done on your own accord and will not take more than a few hours of your time, especially M'Ment Office, which is located on the same premises (am assuming this is a condo/apartment). Better still, insist on this clause in the agreement:

NOTIFICATION OF CHANGE OF OWNERSHIP
The parties hereto hereby agree that the Purchaser shall immediately upon completion of this Sale and Purchase notify and file with the local council and such other relevant authorities or utility service providers regarding the change of ownership of the said Property. The parties hereby agree that it is neither the duty of the Purchaser’s Solicitors nor the Vendor to attend to any of the foregoing matters.

Stamping Fee for Discharge of Charge: RM10
*justified
Discharge of Charge & Noting of PA: RM100
*justified
Affiming & Stamping Fee for Statutory Declaration: RM30
*justified, although it should be roughly RM18.00, if you do it yourself

Land Search: RM60
This should be borne by the purchaser, not you! Why on earth do you need to do a land search? This is obviously a case of passing the buck to you to save the purchaser some money.
OA Search: RM50
This should only cost RM12

Transport charges: RM100
* justified
Miscellaneous: RM50
* justified

FINAL ADVICE: The fees for discharge of charge [RM300] and Filing CKHT1A [RM300] is fixed and is proper. However, there are several unnecessary charges which ought not be borne by you. Think twice and weigh the pros and cons before making a final choice. You may want to get a second quote from another lawyer.

This post has been edited by dariofoo: Nov 9 2010, 04:06 PM

Your full scaled fees would be RM1,300 [1% of RM130K] as prescribed by the Solicitors' Remuneration Order 2005

The clause is very simple - the purchaser has the duty to apply on his own effort and cost any change of ownership with TNB, Syabas, Indah Water, DBKL, M'ment Office, etc etc etc. Neither you nor his lawyer has the duty to do it. If his lawyer wants to amend it, let him have the duty imposed on the firm, but NOT YOU. As the vendor, you are not responsible for all of this. Don't even pay a single cent for it.

All the best

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Added on November 9, 2010, 11:07 pmThere is no such thing as a small case or a big case. Every S&P is important irregardless of the cost of the property.

Can you promise that a "small case" will not have any problems? Some people would not mind spending money on legal fees just to have that peace of mind and security, while some just think of it very lightly and just use a common solicitor, to save money.

If all goes well, then it is money well saved. But when cracks appear? When there is a delay? Then the unrepresented vendor would have to do all the running around himself to solve the problem. He will be like this ->

At the end of the day, it is up to the individual to decide for themselves, what is the best for them. We can only give them the pros and cons of each choice, in order for them to make an informed decision.

This post has been edited by dariofoo: Nov 9 2010, 11:09 PM

There's legal fees:
Scaled fees for perusing S&P - RM1,500
Discharge of Charge - RM300
CKHT 1A - RM300
5% service tax

Then you get the total..

...and there's disbursements:
* as discussed above. It would come to about RM900-1000, I think. Different firms have different billings.

If the PURCHASER fails to perform any of his obligations, and agreement is subsequently aborted, then PURCHASER'S SOLICITORS has to do all the work - your job is just to count ways to spend the 10% which you have just forfeited

You're the vendor so you don't need to lodge any caveats. What has to be done by you as the vendor has already been explained in detail in situation (1) above in my first reply to you. Please look at it again.

Honestly, to act on your own is 'pennywise, poundfoolish' - either authorise purchaser's solicitor as common solicitor or appoint your own solicitor.

This post has been edited by dariofoo: Nov 10 2010, 12:06 AM

No problem. Can you share with all of us here what are the charges which you manage to get off the bill as you said?

Good luck perusing the S&P on your own. I must let you know in advance to not request for us to read the draft and check if it is ok for you to sign it. It is your own choice not to engage a solicitor to act on your behalf, so you must take the responsibility to peruse and understand it on your own.

Hope you understand the situation.

If we start checking and perusing S&Ps here for you, lawyers will be out of business in no time!

Good luck

Hi Max,

Thanks for dropping by.

You really don't need to worry about anything. The dev has the duty to apply and bear the cost of subdividing the master title into individual strata titles. The term "subject to the payment of the purchase price by the purchaser to the vendor" only refers to progressive payment of the purchase price and nothing more. Your bank will do the needful to release the money as and when work is done and the claim is made.

Your current solicitor will bill you some disbfor registering the MOT and remember that you would also need to pay stamp duty on the MOT. That's about all.

I think you should be happy that you'll be getting your individual title. Go do a dance like this ->

Hope the above helps. Cheers.

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Added on November 12, 2010, 11:43 amPertaining to the above matter again, would just like to know about the standard cost factors. How much would it cost :-

a) to file an Originating Summons - OS (Saman Pemula) in the High Court - payment to the Court ?
RM80 for OS, RM8 for affidavit-in-support

b) if the Senior Assistant Registrar (SAR) is later required to do the Dev's work, how much do we need to pay the SAR ?
No fees involved. The Court order will direct the SAR to execute it if the Dev fail to do so within a certain number of days.

c) on the lawyer fees involved : filing the OS, obtaining the order, disbursements, any others ?
Lawyers fees for litigation matters is not fixed and not scaled. There would be legal fees as well as disbursements. Breakdown as to disbursements differ from law firm to law firm.

d) on other things that I may have missed, eg exchanging of affidavits ?
Yes in an OS application there would be exchange of affidavits. There would be no calling of witnesses, unless one of the parties puts in an application to cross-examine the deponent of an affidavit, but that is a rare situation.

Secondly, based on this earlier statement : Who can say for sure whether the developer's panel solicitors will actually (as you say) "less likely to entertain or act on your behalf if there is any dispute in the future"?

I am aware that there is actually a legal and proper way to discharge the current lawyer and find another one if the client feels the current lawyer is not good enough - ie not able to discharge his duties well, or being caught in a situation of conflict-of-interest, perhaps because rpresenting the opoenent too.
If you want to appoint a solicitor to sue the developer for penalty due to late delivery of vac possession, you need not discharge your S&P lawyer. Suing is a diff matter altogether from the procedure in the S&P, and you can appoint a new solicitor without any hassle.

How do we go about discharging the current lawyer ? Is there a possibility that the current lawyer may not want to be discharged and will just hold-on to a case that he does not want to perform well for ?
Your new solicitor has to write to the current lawyer asking if the latter has any objections to the former taking over conduct of the matter. It is a rule of courtesy. No solicitor can refuse to be discharged. A client has the ultimate choice as to the solicitor of his choice. Even in the event where there are outstanding fees, the solicitor cannot hold on to the file when there is another solicitor waiting to take over the matter, and that solicitor has given notice in writing to the previous solicitor of his intent to do so.

The previous solicitor has to release the file, subject to an undertaking by the new solicitor that the latter will hold a sum as a lien, and thereafter remit that sum to the previous solicitor as outstanding fees.

Example: Outstanding fees: RM10,000.00. New solicitor takes over conduct, wins the case and obtains judgment for RM50,000.00. The new solicitor must set aside RM10,000 a lien and remit that sum to the previous solicitor as outstanding fees.

What are the costs involved in discharging a lawyer ?
There are no fees. It's just settlement of outstanding fees to the previous lawyer, or having an undertaking by the new solicitor to hold a lien.

And finally, do we need to inform the Bar Council of this discharge too ?
No need to inform the Bar Council, but for civil litigation cases, you would have to file what is called a Notice of Change of Solicitors - filing fees RM10

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Added on November 12, 2010, 11:48 amGood to see you back, Hansel. Cheers.

This post has been edited by dariofoo: Nov 12 2010, 11:48 AM

1, who should keep the 10% deposit, me or the lawyer?
The 10% deposit is for you to keep and must be paid to you upon signing the S&P.
2, how much legal fee should i pay?
If i'm not mistaken, you would have the original title free from any encumbrances. In that case, you don't need to discharge any charge over the land. So you can act in person.

The only thing you need to prepare is a letter of undertaking by you to refund the balance purchase price to the purchaser in the event the MOT cannot be registered for any reason whatsoever. You can get a sample copy from the purchaser's solicitor, or if they are nice enough (well, they should be) they can just prepare it for you.

The other thing is to pass the original title to the purchaser's solicitor once the purchaser's financier's solicitor gives you an undertaking that they will release the loan sum to make up the balance purchase price to you OR, if the loan sum is not 90%, a confirmation that the differential sum has been deposited with the purchaser's solicitors as stakeholder.

You would also have to file a CKHT1A and CKHT3 form. This, you can do on your own, or you can ask the purchaser's solicitor to assist you. The legal fees for this will cost RM300, plus a bit of disbursements, maybe RM50.

Other than that, there's nothing much to do on your side.

3, since less then a year of owning the land, how much the RPGT charge ?
It's 5% of your nett gain. For a detailed explanation and example, go here:http://forum.lowyat.net/topic/1612349/+20


4, i'm first time selling a land, any others matter i need to look into it?
Make sure that you pay your quit rent as you would need to forward the receipt to the purchaser's solicitors. Nothing much other than that. Remember that you are still the owner of the property, so if it is an active rubber estate, you can still tap rubber until the completion date of the property.

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Added on November 12, 2010, 3:06 pm[quote=Hansel,Nov 12 2010, 02:48 PM]
Dario,... as per your usual great and detailed reply,... thank you and brilliant words there,... and am glad to be back too,....

Hmm,.. you mentioned lawyer fees for litigation is not fixed and not scaled. Can you kindly,... perhaps provide a ballpark from a similar case whereby it only involves specific performance matters,.... how much would the lawyer charge ?

Even ballparks differs in shape and size, my friend.

I like to tell people that choosing a litigation lawyer is like going to a car showroom - if you have a budget for a Proton, you don't step into a Honda showroom. If you have a budget for a Toyota, don't even dream of stepping into an Audi showroom. So your selection of lawyer would greatly depend on your budget, and not the legal fees that the lawyer will charge.

Don't make the common mistake - big firms may not necessarily be good, and small firms may not necessarily be bad.

Most lawyers would charge according to the complexity of the case, total sum of the claim involved, and also, according to the expertise of the lawyer involved.

It's really a touchy question which is difficult to answer, simply because, paying more doesn't mean you're getting better service! But paying very low also is dangerous, as the lawyer may just be taking up the file to 'cari makan'

But remember, if it's too low, then it's too good to be true. And TOO good to be NOT good in the end! Haha

Ask for recommendations from family and friends. Surely someone can recommend a good litigation lawyer!

Good luckDisbursements - I think that would be a standard of RM350.00, right ?

There's Court filing fees, service of documents, postage, papers, stationery, courier, telephone, facsimile, travelling to Court and other expenses incurred. I don't think RM350 cuts it. Surely more.

Some lawyers charge appearance fees for each time they appear in Court. Some don't. Depends la.

This post has been edited by dariofoo: Nov 12 2010, 03:06 PM

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Added on November 12, 2010, 4:57 pmBy the way, you can calculate your legal fees here:
http://www.elawyer.com.my/legal_calculator_info.php

This post has been edited by dariofoo: Nov 12 2010, 04:57 PM

Reply to icecoolman:1) Could someone let me know the process of legallity involved when purchasing the unit? (ie : step 1 - pay deposit to developer, step 2 - sign S&P, getting of bank loan and etc).
Can you be more specific? Freehold or leasehold? Landed or high-rise?

2) Developer will be bear the cost of SpA fees? In this case, does it mean the legal fees between me and the developer or the entire complete transaction(me/developer and bank)?
You would need to check with the developer on this,but MOST, if not all of the latest developments launched, the developer would market it as free legal fees. In truth, of course, the legal costs would've been incorporated in the purchase price itself. If the legal fees are absorbed by the developer, then they would insist that you use of their panel firm of solicitors.
With regard to the legal fees for your loan documentation, you would also need to check this with the developer. They may offer to absorb the legal fees upon the condition that you obtain your loan from one of their panel banks AND appoint their panel firm of solicitors.

3) Would there be any legal cost involved in the loan agreement? Do I have to engage my own lawyer (or it's covered by the developer since they

Yes there are legal fees involved, unless it is absorbed by the developer, as explained in the answer to question (2) above. If you insist on taking your own solicitor, the developer would most likely decline to pay for the legal fees involved. Same rule would apply when you elect to appoint your own solicitor for the S&P.

With regard to the pros and cons of using a developer's panel firm of solicitors - please go through the earlier posts and replies in this thread. If you have any enquiries, do ask.

Please kindly advice on the whole process and do really appreciate it.
ps: pls don't be angry if it has duplicated questions.
No problem. Cheers.

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Added on November 14, 2010, 2:27 amHey there,

This is a really tough question. I wish I had a crystal ball to help you out on this one, but I don't.

Some land offices are efficient, some are not. Some have hardworking staff, and some don't. There's a lot of factors involved, to be honest.

But as long as the documents have been presentation for registration, it should be alright. It is already on record that the documents have been presented, but not registered. So, to be honest, I wouldn't be so worried.

If you're still curious, perhaps you can ask you lawyer to give you a timeframe. Perhaps he has dealt with that particular land office for other transactions. He would perhaps be in a better position to answer your query for the time being.

Come back here with his answer and share it with us.

Cheers.

This post has been edited by dariofoo: Nov 14 2010, 02:27 AM

Hey there,

Was wondering when you were gonna post it here. Let' see:

...the sub-sale house is rm140k

S&P agreement = 1400
letter of declaration = 100
5% Gov tax = 75
=================
sub total = 1575

S&P fees are standard and alright. Please find out what this letter of declaration is please. Funny how your solicitor forgot to quote you for filing CKHT 2A, which ought to cost RM200/purchaser.
Lucky you then!

disbursements
stamp duty on S&P agreement = 40
letter waiver = 10
What is this letter waiver? Please seek clarification from the lawyer.stamp duty on transfer = 900
MOT registration fee on transfer (2 titles) = 100
title and caveat search = 60
printing of documents = 70
postage/courier/telephone/other expenses = 50
incidentals = 100
================================
sub total = 1330

TOTAL = 1575 + 1330 = 2905

Disbursements look alright except for that letter waiver thingy. Am surprised you're not being billed for bankruptcy search [usually around RM30] and affirmation fees [also around RM20-RM30]

Perhaps if you want to save a bit more you can ask what incidentals are - because postage/courier/telephone/other expenses sounds like incidentals to me. If they say it's miscellaneous fees - then you're being taken for a ride coz the Solicitors Remuneration Order states that miscellaneous fees cannot exceed RM50.

Check with them and let us all know here how it went. Good luck

This post has been edited by dariofoo: Nov 14 2010, 02:42 AM

[quote=icecoolman,Nov 14 2010, 11:14 AM]
In my first question, it's related to a condo which is free hold. Wanted to know all the steps on this.

1) To sign S&P, possibly using Developers lawyers since they're paying for it. So I guess in this part, all legal fees between me and the developer is settled. So I will not have any other cost on this part rite?

1) Sign S&P
2) Apply for a loan and sign loan documentation with financier's solicitors
3) Wait for project to be completed. In the interim, your bank will make the necessary progressive payments to the developer
4) Sometimes, the individual strata ttitle may be obtained in before the project is completed. In this case, your solicitor will prepare the MOT for your execution.
5) The developer will inform you when the CF has been issued, and request you to attend to collect the keys.

That's about it. Pretty straighforward.

If there are any other costs, it may be admin fees which you have to pay the developer, before you can collect the keys. The rates differ, but they will usually give you the breakdown for it.

2) For bank loan, I would presume in this part, normally the bank will appoint it's panel of lawyers and buyer pays for it? If so, how much is the legal fees (I might be taking a loan of RM460-RM480K)? Can I also opt for my own lawyer since I'm paying?
There's a link to a site where you can calculate your loan, but I don't have it at the moment. If someone else has it, perhaps he/she can post it here for your reference.

Yes you may opt for your own lawyer since you're paying, but some banks insist on a solicitor who is on the FULL panel, while some accept solicitors who are not on their panel, but do so on an ad hoc basis - subject to terms which the bank imposes, eg must be partnership, professional insurance must be more than RM2M, etc. Check with the bank first if they allow the firm you have in mind to do the matter.

Upon doing both of the both, should I say that it's completed the whole process of the purchasing of the condo? Are this the only two legal fees that I've to pay or there are other miscalleneous cost to this as well?
The other misc costs would be admin fees which I mentioned earlier. If the dev makes the payment for the deposit of utilities in your favour, they would request you to reimburse them for it too. For highrise buildings, there's a sinking fund and fire insurance which you have to contribute to. Full details can be obtained from your developer.

Hope the above helps.

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Added on November 14, 2010, 5:52 pm[quote=Seremban_2,Nov 14 2010, 12:07 PM]
CKHT 2A minimum charges is RM300 for each document done by a lawyer.

Correct if I am wrong.

[/quote]

CKHT2A is fixed at RM200/purchaser. For CKHT1A it is fixed at RM300/vendor.

This post has been edited by dariofoo: Nov 14 2010, 05:52 PM

Yummy,

NO you DO NOT have to go to the Land Office every week, or even at all. Your solicitor's DUTY which you have PAID for extends to following up with the registration of the documents after it has been presented. If you sense a delay, call up the lawyer and ask for the latest status. If you go on your own, it would also appear to impede and undermine the work of your solicitor.

Furthermore, you really really don't want to go to a land office in Malaysia. It's worse than a fish market, in some areas. People wait from 6am to get a number.

But if you're curious....

Hansel,

If a solicitor 'let's go' of the matter and does not follow up, a complaint can be made against him and he would be subject to disciplinary proceedings. To delay the registration of a document is a serious matter, especially if there's no proof of any follow up by the solicitor.

I would never encourage anyone to bypass the lawyer and go straight to the land office to find out the status. It would be a complete waste of time, and like I said above it would appear to impede and undermine the work of your solicitor.

I'm sure you would have a dissenting view on this?

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Added on November 14, 2010, 6:34 pmFiling it is compulsory. Appointing your solicitor to do it is not compulsory,but most people do it out of convenience la. Yes you may fill it up on your own and send it in, but it's not easy as filling up a form to open a bank account, for example.

I'll try to get a PDF format of it and post it here. Maybe tmr or so. Then you gauge it for yourself.

Honestly, just let your lawyer do it la.

This post has been edited by dariofoo: Nov 14 2010, 06:34 PM

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Added on November 14, 2010, 10:21 pmQuestion is - why do you need the title so quickly? If you take a loan and the property is charged/assigned to the Bank, do you know that it is your bank who will keep the ORIGINAL title? You'll only get a photocopy.

Banks would give the solicitor around 3 months or so to get the duly registered title out.

Secondly, with all due respect, why on earth do you want to help your lawyer? You've paid a ridiculous amount for fees, and you've got to run around figuring out other stuff for the new property you're buying, so why bother assisting him?

Would you offer to peel potatoes at a restaurant you're eating out at? Or offer to bring your own syringe to the clinic when you need a jab (or offer to sterilise it for the doc? )

You may laugh at my analogy but that's what it appears to me when you say that you offer to help the lawyer extract or follow up to obtain the duly registered title.

What do you think? Is all the trouble really justified?

Cheers.

This post has been edited by dariofoo: Nov 14 2010, 10:21 PM

fazlittc: How come the legal fees seemed to have INCREASED? And how come there's Misc as well as Incidentals? What's going on? And you told him about CKHT2A??

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Added on November 15, 2010, 1:23 amdreamadream: As long as you're happy la ya. However, I would advise you to get a breakdown of the fees. It wouldn't hurt. Plus it'll make your lawyer think, 'This is one smart, savvy client. Better take him/her seriously'

Whatcha think? All the best.

This post has been edited by dariofoo: Nov 15 2010, 01:23 AM

Welcome raist86,

Disbursements are expenses incurred by the solicitor. These expenses must be itemised and detailed, and any excess must be reimbursed to you.

You must ask your lawyer to give you a breakdown of the disbursements incurred. There's no such thing as scaled disbursements, like the one which he quoted you. It's ridiculous, to be honest.

Please get a breakdown and put it up here. For a rough idea look at the earlier posts.

The 50% rebate will only apply to S&Ps dated 1st Jan 2011 onwards. In your case, it would not apply, assuming that you're gonna execute it any time soon.