hi, I have something to ask, if the house tenant do not pay me the rental, what can I do?

ps: I am the house leader.

More details please - did you execute the tenancy agreement? what are the terms of the agreement in relation to payment of rent?

dariofoo,

why the title number can change one? the seller's s&p title number is different from developer's confirmation letter. my s&p lawyer say will follow the new title number from developer...

seller's s&p title number is something like this Geran No. Hakmilik 11122, Lot No. 1234
new title number from developer's confirmation letter:H.S(D) 111222, PT No. 100100

Are you sure it's not the other way round? As in final title is known as Geran No: ___________ and previous title was known as HSD or HSM - Hakmilik Sementara Daerah/Mukim.

Please check

this is seller's s&p title info
Geran No. Hakmilik 11222, Lot No. 1122 and Geran No. Hakmilik 22111, Lot No.2211 in the Mukim of Petaling, District of Petaling in the State of Selangor

this is title info from developer
Master Title: H.S(D) 111222, PT No. 333111(formerly known as Geran 222111, PT11222, Mukim & District of Petaling, State of Selangor)

anyway i already signed the s&p...just curious why the title info will change one....

This post has been edited by xSean: Dec 24 2010, 07:56 AM

sorry
-removed-

This post has been edited by jeff_v2: Dec 24 2010, 02:59 PM

@dario

You know the final 5% money held by the stack holder; how do we claim that? Is it possible whereby if developer failed to rectify the defects, I claimed from the 5% final money held? If yes, what is the procedure?

Xsean and bOOn,

Both of you put up interesting questions which I'll have to give detailed answers.

Will be busy for X'mas (getting ready to go for Mass now), so if you guys don't mind, I'll get back to you both on Monday ya!

Merry Christmas to everyone.

---

Added on December 28, 2010, 11:08 ambOOn:


The final 5% is held by the stakeholder, usually the developer's lawyer, and shall be released to the developer as follows:
a) 2.5% to be released 6 months from the date of handing over of vacant possession (VP);
B) 2.5% to be released 18 months from the date of handing over of VP [end of defect liability period (DLP)].

In cases where there are complaints on defects, the 2.5% sum would be withheld by the lawyer until the said defects are rectified by the developer to your satisfaction.

There should be a clause like this in your agreement:

(1) Any defect, shrinkage or other faults in the said Building which shall become apparent within a period of eighteen (18) calendar months after the date the
Purchaser takes vacant possession of the said Building to which water and electricity supply are ready for connection to the said Building, and which are due to defective
workmanship or materials or the said Building not having been constructed in accordance with the plans and description as specified in the Second and Fourth
Schedule as approved or amended by the Appropriate Authority ,shall be repaired and made good by the Vendor at its own cost and expenses within thirty (30) days of its
having received written notice thereof from the Purchaser and if the said defect, shrinkage or other faults in the said Building have not been made good by the Vendor,
the Purchaser shall be entitled to recover from the Vendor the costs of repairing and making good the same and the Purchaser may deduct such costs from any sum which
has been held by the Vendor's solicitors as stakeholder for the Vendor and subject to subclause (2), the Vendor’s solicitors shall release such costs from such sum to the
Purchaser within fourteen (14) days after receipt by the Vendor’s solicitors of the Purchaser’s written demand.

(2) The Purchaser shall, at any time after the expiry of the said period of thirty (30) days, notify the Vendor of the cost of repairing and making good the said
defects, shrinkage or other faults before the commencement of the works and shall give the Vendor an opportunity to carry out the works himself within fourteen (14) days from
the date the Purchaser has notified the Vendor of his intention to carry out the said works.


What you do is this:

1) List down all your complaints in writing;
2) Send it by hand to the developer and get an acknowledgement from them. CC it to the lawyer as well.
3) After a week, just get a contractor to give you a free quotation on the repair works;
4) Give a copy of the quotation to the developer and get an acknowledgement from them. CC it to the lawyer as well.
5) 30 days after you've given notice to them via step (2), go ahead and get the contractor to do the repair works at your own cost first;
6) Once that is done, send a copy of the receipt to the lawyer requesting for the sum or a portion of the sum to be released to you being reimbursement of the expenses incurred. CC this to the developer;
7) Within 14 days, the lawyers MUST release the sum which you claimed to you.

Always get an acknowledgement from the developer and the lawyer and keep everything in black and white. Even if you make a phone call and something is mentioned or promised to you, follow it up with a letter confirming the teleconversation and what was discussed - send it out and get it acknowledged. All this is to back you up when you make the demand to the lawyer for the sum to be released to you.

Hope the above helps

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Added on December 28, 2010, 11:36 amxSean:


HSD and HSM are temporary titles - Hakmilik Sementara Daerah and Mukim, respectively. It is an individual title issued pending the final marking of boundaries and submission of the final plan to the Jabatan Ukur, following which, upon approval - a new and final number will be issued.

And it will be called Geran No ____________, or Pajakan Mukim No: ______________ for leasehold land office title - to give another example.

When it is still under HSD or HSM, you can't apply for division of boundaries (pecah sempadan) or subdivision (pecah bahagi). You can only do so when it has been changed to a final title.

---

Added on December 28, 2010, 12:15 pmmanufreak07:


Ask the lawyer how the legal fees of RM350 for DOA and POA is calculated.

Stamping of letter of offer - ought to be RM10
Bankruptcy search - ought to be RM12/pax
Dev confirmation - ought to be RM50
Consultation - cannot be charged. It is covered by legal fees itself. Disbursements are for expenses actually incurred
Security documents - would normally range from RM100-150. Check with the Bank.




This post has been edited by dariofoo: Dec 28 2010, 12:15 PM

thanks dorio for the advice,

you are very helpful.

cheers.

It's dariofoo,my friend

soli soli my apologies

thanks for reply, dariofoo.

the property i bought now still under master title and freehold. so what does this mean with your explaination? before that, it called geran no. stated inside seller's sp. now in developer's confirmation letter, it stated new title using HSD.

Hi....dariofoo

need your advise here =)

i put a deposit say 10k of the purchase price to developer
when i proceed to loan, from panel banker & other banker recommended by friend
found that the new property only worth 80% of the purchase price
or in other word i only can loan 80% from bank
now i face a problem that i don't want to come out another 10% cash extra out of my pocket money
i want to withdraw from this purchase
will the developer forfeit my 10k?
if yes, what shall i do to protect myself in this case?

many thanks

What you can do is get your lawyer to email you a scanned copy of the search which they did on the master title. You can see the latest status of the title there.

Thanks for the free advise.

stay_cool:


Your agreement should contain the following clause:

If the Purchaser is desirous of obtaining a loan to finance the payment of the purchase price of the said Property the Purchaser shall, within fourteen (14) days
after receipt of a stamped copy of the Agreement, make a written application for such loan to the Vendor who shall use its best endeavours to obtain for the Purchaser from a
bank, finance company, building society or a financial institution (hereinafter called “the Financier”) a loan (hereinafter called “the Loan”) and if the Loan is obtained the
Purchaser shall, within a reasonable time, execute all necessary forms and documents and pay all fees, legal costs and stamp duty in respect thereof.

(2) The Purchaser shall utilise the whole of the Loan towards the payment of the purchase price of the said Property at the time and in the manner set out in the Third
Schedule hereto.

(3) If the Purchaser fails to obtain the Loan due to his ineligibility of income and has produced proof of such ineligibility to the Vendor, the Purchaser shall then be
liable to pay to the Vendor only one per centum (1%) of the purchase price and this Agreement shall subsequently be terminated. In such an event, the Vendor shall, within
twenty-one (21) days of the date of the termination, refund the Purchaser the balance of the amount paid by the Purchaser.

In this case, you can only back out of the agreement if you fail to obtain the loan due to ineligibility of income. Are you sure that it was rejected due to valuation? I doubt so, as it would be affect the other purchasers as well. Perhaps you can bring this to the attention of the developer who will then assist you to apply for a loan with a bank that can match the property price and offer you a 90% loan.

Hi,

I got some question.

I bought an auction house and after signing POS, i have given 2 months notice for ex-owner to evacuate meanwhile I have time to seek for bank loan. But after 2 months, ex-owner has some excuse that may not able to move so soon. By then he agree to move out on Feb 2011 and I have ask him whether he can sign agreement that he will leave on date stated, he agree as well.

1. Can such agreement be legal? Any Act that support?
2. What are the normal charges for a legal firm to prepare such document?
3. What measure can be taken if he still not leaving on due date even he has sign the agreement?

Any advise for note down the terms and condition in the agreement so can prevent x.owner from giving more excuse and no choice to evacuate the premise.
Any experience auction buyer please comment how you deal with the ex owner?

Your advise is appreciated.

THANKS!!!!

Best Regards
Sam

samlhc:


Here's my advice (assuming that you want vacant possession as soon as possible):

1) Don't waste time and money to enter into an agreement with him;
2) Immediately appoint a lawyer and instruct your lawyer to serve him an eviction notice;
3) Obviously he will ignore as he will stay there until Feb 2011;
4) Instruct your lawyer to file an application to obtain a court order to compel the occupant to vacate the premises;
5) It will take around 2 months at the earliest (very rough estimate) for the lawyer to obtain a hearing date, get the order before the Judge, file the draft order, extract it and file the faired order, and extract the sealed order.
6) Once all that has been done, wait and see if the occupant has vacated the premises or otherwise. If he has not (which he most probably will), then instruct your lawyer to file a distress application in Court - the Court bailiff will escort your lawyer (you may be present as well) and compel the occupant to vacate the premises. The occupant will definitely surrender vacant posession to you by this time.

If you do enter into an agreement as you said, you would have to wait until Feb 2011 to see if he vacates the premises or otherwise. If he doesn't, you have to start steps 2-6 from Feb 2011, and by the time all is done, another few more months would've lapsed.

It all depends as to how fast you want vacant possession. If you don't mind waiting, just wait until Feb 2011 until you start step 2 above. Essentially, any agreement which you enter with him now would not have any basis or relevance come Feb 2011, because you are still obliged to serve him with an eviction notice.

PS: If you want to find out about other purchasers who have bought properties under auction and experienced a similar predicament, may I humbly suggest that you open your own thread in the forum and ask there.

Hi Dario,

Merry Christmas to you! After waiting for quite some time to finalize the loan (of the purchaser), things are in motion now and solicitor has been appointed to oversee the SPA & Loan Facility (1 solicitor for 2 agreements). From my previous post (page 6), I did touch on several queries/issues in which you've diligently assist.

To date, land search has been done, SPA has been drafted and shared to both Purchaser and Vendor (but yet to be signed). However, an 'unforeseeable' news came from the solicitor's office recently. As a vendor, the solicitor mentioned that I'm required to pay RM1000 for 'transfer of title'. This fee is compulsory since the land is a leasehold land and some form of 'consent' or 'approval' is required from the land office in order effect the transfer - the fee costs RM1000 and is payable to the land office. Again, as a Vendor, is this fee necessary? Is it listed somewhere in the Act? Is the fee of RM1000 correct / common? Being a noob, I'd rather take advise before I proceed to pay the said fees. Guess you can say that i'm a bit paranoid when it comes to money As a vendor, I thought that I have to pay the solicitor's fee for assisting me in discharging the current charge and RPGT. but it turns out that now I have to fork out other unexpected fees..

Related to the above, I'd also wish to seek advise on the following; (I understand that it might be wise to post these questions and seek answers to/from the solicitors directly).

1) Normally when can the solicitor finalize the SPA after it has been executed by both parties? i.e stamping, etc.
2) Is there some form of confirmation required by the developer to indicate that the title has been transfered to the Purchaser? if yes, how long does it take?
3) When is the soonest the land office could issue their consent on the transfer?
4) When can the current chargee bank to issue redemption statement?
5) How long does it take for Purchaser's bank to release redemption sum / balance payment to me?
6) When could the current chargee bank release the original title/ discharge of charge?
7) Is the land office required to register the MOT? How long does it take?
9) How long is the process to finalize discharge of charge? When should I permanently stop the current loan installment?

I understand that there no perfect answer for these, it all depends on how fast the processing can take place. Hope you could assist me this time!

Xforged:


Merry Christmas to you as well,bro. Good to see you back here. Hope you've been reading up the other posts and gain some knowledge as well?

This RM1000 which is requested by the purchaser's solicitors - is there a letter in writing for this? Am sure there is none.

What you do is this - ask them to issue you an official letter stating that 'the RM1000 is payable to the land office as cost of transfer of title' [am just quoting from what you said in your post] or for any other reason they say it is.

Just say that the letter is for your record purposes. Don't back down if they say that they won't give it to you. Any request for any document/payment from you must be in writing. Tell them that.

See whether they will still demand for that sum from you or otherwise. Keep us posted.

With regard to your other questions, it appears that you've answered it yourself when you said, it all depends on how fast the processing can take place

So there you go!

This post has been edited by dariofoo: Dec 31 2010, 12:57 PM