Bro, I asked you few questions to help you shed more light on this, so please do answer those questions. No point asking me back again the same thing. I don't know why your SPA lawyer takes up so much time. If you want, you should demand for all the correspondence from your SPA lawyer. That ought to help.

My grandma & grandpa got a piece of land and they want to change the owner to their sons.
So they went to the Pajabat Tanah at that area to find out how to go about it.
And there is this person that said he's in charge & need some documents like IC & signature.
He also hand over a borang but he said just fill in the name & signature, the rest he will fill (Bit suspicious here)
And he wrote down his h/p, said after done call him & hand over the documents to him.

So one week past, got all documents ready & call him. He said he's not at office these few days.
And he said can post to him, but he ask us to post to his house instead of his office (more suspicious) he claim he will help us submit. But we insist hand over by hand. Then he said we can meet him outside as he's not in office.

Now we got no clue as we are afraid that fellow might do something to the land as we heard lot of the land fraud cases few months back. But he's the person in charge, so we have to go through him.

So, what is your opinion? Usually what is the procedure for land ownership transfer?

This post has been edited by gs20: Sep 29 2011, 08:48 AM

Sorry bro, i meant since it is SPA lawyer take up most of the time (in the situation that there is no delay from my side, vendor or loan lawyer for all the necessary docs to SPA lawyer) and loan lawyer got 2 week only, so when happen the case of late penalty charge, i ought to assume that it shall be the SPA lawyer be held responsible...

The loan lawyer sent request letter to SPA lawyer within 2 weeks from the date of SPA signed.

No prob, small matter.

2 weeks from date of SPA is pretty fast. Now, has the property already been reassigned to the vendor or has the discharge of charge already been registered? Sometimes the vendor may have settled the loan but he did not instruct the bank to appoint a lawyer to do the discharge/reassignment so that the original documents are returned to him. In this case, if the vendor already has the ori docs in hand, that ought to save at least 3 weeks.

So now you need to determine, through the correspondence between the vendor, SPA lawyer and loan lawyer, as to where the delay came from. Not fair just point the blame at the SPA lawyer from the outset. Perhaps the other parties replied to his correspondence late. You'll only know til you find out.

So start gathering the correspondence (if any of the lawyers did not cc it to you before) and put the pieces of the jigsaw puzzle togehter. From there you can't tell who's dragging their feet. Oh, don't forget the bank too, There might be a delay there too.

hello all

i have a question about power supply disconnection.

1) Is TNB obligated to cut supply once the bill exceeds the deposit (or any other reason)?

2) if TNB failed to cut the supply (causing the bill amount to be very high), would the landlord have a cause for legal action against TNB for failing to cut (negligence perhaps)?

i am trying to find some law or regulation about whether or not TNB must cut supply

thank u all smile.gif

jon

You can't effect transfer of a property, even out of love and affection, without first having it duly stamped by LHDN.

So, perhaps it's a scam going on. Just go straight to the land office again (get someone to accompany the old folks), insist on seeing an officer and inform him/her what has transpired. If it is a scam, the old folks have to lodge a police report immediately. With the police report apply for a registrar's caveat on the property, just to be safe in the meantime.

You need to appoint a lawyer to handle the transaction for you from A to Z. Going straight to the land office to transfer it immediately by filling up a form cannot be done, and can lead to problems, like the current case.

Act fast before it is too late.

First of all, thanks for your help to try sort thing out...

That property never loan from bank before by vendor.
There are no pending doc from me, vendor or loan lawyer when the loan lawyer sent letter of request to SPA lawyer.
The SPA lawyer got tell me once that the Gov valuation is a bit slow...
Now my assumption is the delay till left 2 week is due to the inefficiency of SPA lawyer...
I can't blame loan lawyer or bank because they have 2 weeks only even though they might also delay a bit.
If SPA lawyer be more efficient and allocate just 1 more week for loan lawyer, it will not overdue.
I think SPA lawyer based on their past experience that 2 weeks is enough, but they never consider factor of different bank and different loan lawyer might need different time to process...

1) Not obligated. It is their discretion
2) No. Unless you instruct them in writing and get it acknowledged. Even then, it is not a sure bet that you can nail them for negligence.

In conveyancing, time is of the essence, so I doubt if the SPA sets a timeframe and keeps the docs until 2 weeks left and only then send it to the loan lawyer.

As such, it is highly likely that it was only sent when it was ready and complete - the last part would be stamping of the MOT.

Anyway, like I said, if you want to identify the delay from the SPA lawyer (since you're so confident that the loan lawyer and the bank is not at fault), get the correspondence in order.

For your info, since the advent of e-adjudication via STAMPS, LHDN is quite fast and efficient, provided that all the docs and PDS form are in order when submitted

thank u dariofoo

Hi guys,

Not sure whether I question been asked here before or not.

But am seeking for quick answer. Recently, I will be buying a 2nd hand property, sub-sale.

Thn am wondering, whats the normal charging rate by the lawyer apart of the legal fee?

hi dariofoo, i need to clarify something.
if i already rec'd full payment fm buyer(cash buyer) and all the doc already done, the process take 1 month only.
is this mean that i need to give away the house key and leave the house immediately?

Hi Dario, need your advise. It has been 2 months since all paperwork for my house has been finalized. During this period I have asked my lawyer repeatedly for my reinbursement which includes 1)fees discount 2)50% discount on stamp duty for s&p and loan(first house) and also what seller owes me. The problem is that the lawyer keep saying they'll get back to me etc but they never do. Is there an 'acceptable' timeframe for reimbusement and after some time if the lawyer still refuse to reimburse me, what can I do? Thank you in advance.

Disbursements - travelling, paper, courier, fax, tel, misc. There's also stamp duty but that goes to LHDN.

You can check out the various samples in this thread for a rough idea how much to expect.

You need to hand over vacant posession once the full purchase price has been paid to you. Normally the SPA ought to give you 3 working days from date of receipt of the full purchase price.

They ought to refund you the excess stamp duty once they've paid the stamp duty to LHDN.

Your options would be to threaten to sue them viz a letter of demand or file a complaint with the A&S Discip Board. That ought to jolt them

Hi must appreciated if can get some advice.

I just accompanied a friend to sign her loan documents. She is the very careful type (actually reads before signing) and she is a bit confused by two things

She purchased a prop from developer, with following conditions : Dev will pay S & P legal fees if (i) use their lawyer (ii) use their panel banks (iii) loan documents also done by same lawyer
The prop has indivdual title already, so MOT same time

S & P already signed, and She accepted an Islamic Loan from a bank.

Two things she wasn't sure :
(1) Lawyer asked her to sign a letter saying that that she agree the lawyer (i) will represent the bank (ii) but fees are paid by her (iii) in the event of dispute, lawyer will act for the bank (she has to find another lawyer to act for her)

Is this normal? (i don't remember doing this the last time I signed my own documents)

(2) Her Islamic loan is a new variety - the Musyarakah type. So she want to know things like how much to pay if early settlement etc.
But she was ask to sign a document where the schedule of payment etc. are all left blank. According to the lawyer, the bank's instructions are to leave everything blank and just get the borrower to sign.

Is that safe to sign? Once signed, there is no going back.

Since the lawyer is now effectively protecting the bank's interest, she feels very worried.


Thanks very much for any enlightenment.

(I was at the point of advising her - if not comfortable, just walk away and get another loan)

Hello dariofoo, not sure is this has been asked before. Just hoping to have a quick ans.

Issue: Purchased a completed condo from developer, the developer imposing a 60 day completion period (+30 days extention with interest) instead of the standard Housing Development Act, which should be 90days (3 months) + 1 month extension without compromise.

The bank just disbursed the $ and developer charge me for late interest charge, and i checked with the bank and it's still not very clear where is the delay (i am waiting for the crono from bank).

My questions :
1) i signed the SPA with that 60 days term without realising it prior to signing. Is there anything i can do since this is agaist HDA practise?
2) If the delay is caused by the bank, can i ask bank to share/absorb the late charges?
3) Is there anything i can do to ask the developer to waite the interest charges?

Tanks for your help!

Fazab:


1) What is normal? The arrangement [as desribed by you] or the preparation of the letter? If you're referring to the arrangement, then yes it is the case 100% of the time. The lawyer is deemed to represent the bank and not you, although you are paying the legal fees.

With regard to the preparation of the letter - well, it is not the norm although it is prudent for the lawyer to do that, so that the client cannot later turn around and say that the lawyer did not inform the arrangement to her. Sometimes, explaining the arrangement would suffice. The worst part are those who don't even bother explain it to their clients, especially when they know that their client is one who is inexperienced in such matters.

2) By right the schedules ought to be filled up, but some firms nowadays are so overworked that they just get the borrower to sign first and then they will assign someone to type in the blanks. Shouldn't be much of a concern as the schedules will be filled up according to the terms of the letter of offer [LO]. Repayment sum and duration will all be spelt out in the LO and eventually, the clerk will type out what is stated there in the schedules.

If you want to walk away and take another loan, you start the whole process again. This could mean waste of time, if the completion date for the SPA has already started running. If your friend can't complete it in time, she would have to pay late penalty interest to the vendor.

What do you mean by HDA practise?

Can you scan and put up a copy of your SPA here? You can black out any P&C info. Just need to see the terms. From there I can advise you.

2) You can try, but I doubt if they would oblige. If the delay is from the lawyer, then you can try demanding that they cough up for it.

3) Ask your lawyer to write to the developer to request their discretion to waive. Can't guarantee if will be successful though.