THANKSSS very much!
LOL OMg....sounds like alot of work. I guess i will just be hiring a lawyer to kautim for me la....


This post has been edited by mIssfROGY: Nov 1 2011, 04:57 PM

Hi dariofoo,

I have some legal problems to ask.
My hubby's house has recently sold and is almost at final stage whereby the lawyer firm going to pay me the full amount of payment.
The problems now are:

1) The process was delayed and somehow the lawyer firm asked my hubby to pay RM200.

2) The buyer keep on asking my hubby to handover the key as the bank has issued letter to them asking them to pay their first house installment. Problem is that we still has not get the balance of payment, i guess we shouldnt pass the key to them. Somemore we had pay the late charges.

3) We brought the buyer to look at the house, she claimed that some of the things my dad-in-law promised to give them (one ceiling fan, one heater) was dismantled. My hubby n buyer agreed the amount of RM 1K to settle this issue. (We still has not pay them RM 1K as we has not handover the key).

4) The buyer once again asked for the key, my bro-in-law thought everything has settled and handover the key to them. In fact, we still has not get the full payment.

5) My hubby received call from lawyer firm, claiming the buyer lodge a complain. Saying the house has cracks and is leaking! Yes there are some cracks, but we had repaired it and patched those cracks. For 5 years staying there never we has leaking problem. Now the lawyer firm clerk was saying that the buyer has asked a contractor to inspect the house and to fix the cracks and leaking problem it would costs RM 10K!!!!!
Supposely, the payment should be released yesterday, but we did not receive it. The lawyer firm is saying that they will hold the RM 10K and will only pay the balance to us first. The lawyer firm clerk said if there is any issues of cracks and leaking, we must settle it.

I remembered when signing S & P, there is one clause of " house condition". The clerk did explain to us and telling the buyer "signing the S & P means that you are satisfy with the house condition. Any problems or complains after signing this S & P is not responsible by the buyer".
Now the lawyer firm people is asking us the fix it and the costs is RM 10K!!!
The house is just a small low cost house and do u believe it would cost RM 10K? i guess she must be asking the contractor to renovate the whole house instead!!!

Please advise what should i do? Does the lawyer firm has the right to hold the RM 10K ????
I handover the key to them when the process has not completed , never ask for any rental , somemore i need to pay late charges yet i was treated this way. Should i hire another lawyer to fight with the buyer!?

hello

just want to confirm with the sifus here...

i have sold my condo. Now waiting for transfer.

in the meantime, can i rent out my condo?

any implications?

thank you very much!

jon

Thank you very much for the feedback.

anniesia:


This is one of the huge disadvantages of appointing the purchaser's solicitors as common solicitor. Without a solicitor, you can't keep the purchaser or the purc's solicitors in check.

1) What is the delay? Is it beyond the completion date? Why must you pay RM200? Surely there must be an invoice for it. Don't pay unless you know what it is for.

2) Look at your SPA and see what is states on surrender of vacant possession (VP). Normally, VP would be 3 working days from the date of receipt by the purc's solicitors of the cheque for balance purchase price. Most of the time, surrender of VP would be same as handing over of cheque. It's basically an exchange. See what's stated in your SPA.

3) Is this stated in the SPA? If there are fixtures and fittings or even furniture to be part of the sale, there ought to be an annexure at the back of the SPA with a list of it. But if you're not disputing the amount, then you can pay. This amount can be deducted from the balance purchase price. Not a big issue.

4) You mean the keys have been handed over?

5) With regard to the condition of the house - it is normally sold on an 'as is where is' - i.e. the condition when the buyer viewed the house, fair wear and tear excluded. It can be argued that slight cracks are wear and tear of the house. As such, it is not your duty to repair it. Furthermore, it is highly unlikely that the buyer did not notice the cracks when viewing the house. Surely he knew about it.

If there were leaking problems, it ought to have been brought to your attention immediately. Furthermore, when keys are handed over, the vendor ought to be present to inspect the house together with the purchaser one last time, especially since it is not a new house. That would've been prudent. Now, the advantage is to the buyer as they can say that the leaking had alrady occured even before the surrender of the keys. You do not know for a fact that it could've even happened a day after surrender of keys! If it was the next day, it would not have been your problem anymore.

In any event, the lawyer cannot hold onto the balance purchase price like that. That would not have been stated in the SPA. Check again, if it states so. If it does, then it's going to be a problem for you.

You need to make it clear to the buyer that you would repair the leaking (if any) and that you would appoint your own plumber/contractor to assess the damage and give a quotation. If indeed there is a leak , you would have to bear the cost as it is no longer fair wear and tear.

Yes, I would suggest that you ask around and appoint a lawyer who is familar with litigation to pursue this matter on your behalf. A letter must be sent to the purchaser's solicitors to deal with the balance purchase price. Your lawyer can advise you further upon perusal of the terms and conditions of the SPA.

Want to ask:

Party A and Party B joint purchased a property. Now Party A would like to remove Party B name from the property.
1) Normal how long is the process?
2) Can one lawyer to do the whole process? or each of them has to get a different lawyer?
3) how to calculate the legal fee?

Rent to the purchaser, I suppose?

It can be done and is often done. Just make sure that you have some black and white in place. Your lawyer ought to know how to prepare it.

Don't plan to share what was in the developer's letter? All sorted out?

1) Depends whether the property is encumbered to a bank or otherwise.
2) One law firm can do the transfer. Party A would have to bear the cost, though.
3) When you say "remove", what is essentially happening is that B is transferring/assigning his half share to A. Is it pursuant to a sale of the half-share? Or is it a gift from B to A? If sale, you look at the SPA price. If transfer as gift, it is a reasonable amount not exceeding the scaled fees. In this case, the scaled fees would be based on the prevailing market value of the property. To calculate legal fees, please use the legal fees calculator using the link at the first page of this thread.

thank you dariofoo

sorry i was not clear in my question. i mean rent to a 3rd party (short term, maybe few months) while waiting for the transaction complete with purchaser.

better than leave the unit empty.




This post has been edited by jon1980: Nov 1 2011, 04:29 PM

wrong post

This post has been edited by mIssfROGY: Nov 1 2011, 04:57 PM

That may give rise to several problems:

1) The purc has inspected the property and is satisfied with its condition at that stage. He has agreed to buy it on an "as is where is " basis. If you now bring in a short term tenant, you can no longer guarantee that the property would be in the same condition as the purc has viewed. Worst case scenario is if the tenant messes up and thrashes the place.

2) You cannot predict for sure when the completion date will fall. It may be within the 3 months given to the purc. Whatever it is, you must be ready to surrender vacant possession to the purc within a certain number of days from the date you (or your solicitor or the purc's sol, as the case may be) receive the balance purchase price. Failure to do so would entail a penalty to be paid out of your own pocket to the purc.

3) Worse case scenario would be a belligerent tenant who refuses to vacate the premises after the tenancy (let's just say 2months) period has ended. You cannot predict such circumstances. It could happen to anyone, including you. So you bear the risk of having to pay late penalty interest (as explained above) AND legal fees to obtain an eviction order against the tenant.

So, better unit empty or else wallet might be empty

Hi Dariofoo,

Thanks for your reply.

Due to both parties also have a joint loan account for the said propoerty, they have to do re-finance at bank first or transfering the ownership at lawyer firm first? or they can do both at the same time?

Thank you.

It will be done at the same time. Even can be done with the same law firm.

Today I went to EON/Hong Leong to ask for topup loan on existing house loan.

Those bastards told me must go through whole process again, documentation, legal fee, house valuation etc.
The old agreement was only signed this year. Not only that, the interest rate will be higher than original loan rate.

What does she say by 'second charge' ?

If so troublesome, then might as well go to other banks to get loan.

Is this procedure standard in other banks ? Or only hong leong bank is so arrogant ?

Thanks

Second charge created over the property in favour of the bank as a security of the additional sum lent to you.

With regard to bank procedures, you might want to pose same in the open forum in order for bankers to advise you on same. It is not legal in nature and as such, I'm not in the best position to advise you on same.

Hi all, I have this condotel which was rented back to the developer for rental yield. However, the Hotel Mgmt has defaulted in rental payment for 19 months now. I wonder any legal proceeding that I can raise against them without incurring too much legal fees. Bear in mind, the rental return is supposed to be used for repaying the loan for the property. Thank you.

Hello

Would like to check how long it takes for Pejabat Tanah to issue the house title? My lawyer has submitted all docs since Jan 11 but until now it's still pending from Pejabat Tanah.

I don't feel comfortable as it takes too long. Is there any concern I should be aware of?

Many thanks in advance.

thank u dariofoo
as usual, very good advice from u!