Dear all sifus,

I have a question about the balance sum and 10% deposit authorisation. This house is under two people's name, but now when this house is being sold, the money value will be divided into two shares. However, one of the shares is wished to go into that person's father's account. Is it actually legal to have drafted an agreement between them about authorising the lawyer to disburse that share of money into the father's account instead of that particular house owner.

I m now buy a house at 385k, SPA legal fee cost me RM10500, while loan legal fee is RM6500, is it expensive? How much it suppose to be?
Pls advise, thank you
p/s this is my 2nd house, therefore no discount on stamp duty .

This post has been edited by ming81: Oct 20 2011, 01:09 PM

b4 this, i went to tribunal court as my developer was late beyond schedule while waiting OC.then i won the case and the developer said that he would pay the money in installment instead of one shot.

that was 2months ago when he said that in court but till date, he havent even pay any cent for the fine.should i write a complaint letter to tribunal again?

do u mind to share the developer/ project? my fren same case like yours, bought at precint 18..get almost 20k for l.a.d

thank dario
by the way the 8% interest count including the redemption sum as well (balance loan sum + redemption sum) or just the loan sum?

A letter of instruction and authorisation from the vendor in question would be sufficient.

How much is the sum involved?

Balance purchase price.

Whatever is left from the loan sum after redemption is the balance purchase price (assuming that it is a 90% loan).

Hi dario foo:
me bought a house 3 months ago and just right before the vendor collected the final payment today I found out that he owe tenaga around 12000 in arrears. So I quickly informed my lawyer to try to withhold payment but my lawyer said it is better to let the vendor collect the bank cheque and ask for a postdated cheque from the vendor in return for the amount outstanding. So now my lawyer had the vendors cheque dated next friday. Is this a proper way to do it? Shouldnt we withhold payment and force the vendor to clear all debts before final payment? What can i do if the vendor reneges? My lawyer said this is the norms of the practice that we cant withold payment

hi dariofoo,

i get the below quote from my lawyer for legal fees purchased price RM215K. Can you pls advise which one is overprice and which one is fair price? Tq



This post has been edited by haineyy: Oct 21 2011, 06:23 PM

yours 215k = rm7316

mine is 240k = rm9956.

see? which one more overprice? grrrrrrrrrrrrrrrr

What is stated in your SPA is what matters, not the "norms of practice". This is a contract where parties are bound by the terms and conditions, not any norms or customary practices.

What is usually done is that the purchaser's lawyer would insert a clause in the SPA for the vendor to provide a copy of the receipt in relation to utilities, maintenance, quit rent, assessment, etc before the completion date. Some go further and authorises the purchaser's solicitors to deduct any outstanding arrears due and owing by the vendor from the balance purchase price in order for the purchaser to settle same on behalf of the vendor.

As such, ask your lawyer if such clause is there.

Post-dated cheque has no value and is as worthless as an I.O.U note.

You better settle this problem before the cheque reaches the hand of the vendor. Of course, if your vendor is gracious, he can agree to contra the sum from the balance purchase price. Or if he agrees to settle it for you within xxx days after receiving the sum. But you bear the risk if he fails to act on his promise and rides off into the sunset.

Good luck

There's a lot of samples throughout this thread which you can kindly refer to and compare. If you still have any doubts on a particular charge, do ask.

That is like comparing apples with oranges. It depends on the type of property in question. Each property has its characteristics which dictates the charges. With title is always more expensive than without title, as costs of caveat is incurred. If consent is needed, it will cost more. Also depends on the number of purchasers, vendors involved, as CKHT and search charges are doubled with each pax added.

Or perhaps you asked for a big fat discount so everything is marked up and then deflated, so that the house still wins.

Hi Dariofoo:
thanks for your reply. Your answer is exactly is what I tot should happen. I look thru the s/p it does state the vendor must clear all utilities bill but did not state I can deduct the amount from the final payment. Anyway it is too late now since the vendor got the banker cheque from my lawyer already...
In the event that vendor refuse to pay the teenaga bill, what can i do now?

I'd advise you to confront your lawyer and demand an explanation as to why your interests were not protected via the SPA? Proof of payment of utilities bills are important, so as to avoid messy situations like the one you are currently facing. Tell your lawyer that if he does not sort out the settlement of the payment, you would seek independent advice to pursue a formal complaint against him with the A&S Disciplinary Board (see link at first page of this thread). That ought to shake him up a bit and surely that would spur him to chase the vendor to settle his dues.

Hi Sifus here,

I have one concern, as my SNP signed & stamping done on 22nd June 2011, then, 14th Sept 2011 first payment to settle owner previous bank balance, then, redemption letter taken somewhere in Sept 2011 too, now pending last payment from bank to owner. Understand from my lawyer that the owner's lawyer is very slow in providing the document, now they only receive all the documents from them and my lawyer said HSBC need 2 weeks to process loan due to deepavli + haji . But there is one problem as i am rushing to move in at this month end because my current house already got upcoming tenant to stay in, then i discuss with owner, he asked for RM 500 rental(not refundable) for 2 weeks, if gao dim then ok, if not he will ask for another RM 500 for another 2 weeks until releasing last payment. Since i already cleared their first payment, and their lawyer is very slow in handling my case, should i pay him? or did he got the rights to ask for rental?

This post has been edited by ongLAI: Oct 23 2011, 01:23 AM

Hi all,
The situation is, a house has been purchased under sharing of 2 person. Now one of the owner would like to surrender.
So, can anobody here explain on how to take out / withdraw one of the name for sharing of housing purchase?

Million thanks...

26k

If im not mistaken, 3+1 is calculated from the date of consent letter from state authority. Not the date of S&P