Since they refuse to pay what is due to you, you would have to seek legal redress in court through a lawyer.

Without incurring too much legal fees?

In that case, you would need to find a lawyer who can do your case for cheap cheap.

Such a long delay. This is quite unusual. Normally such long delays occur in cases where the land office misplaces the documents (am referring to the original title) and a replacement is being made.

If there is a typo error and documents needs to be rectified, the delay would not stretch until 10 months.

Hasn't your lawyer updated you at all?

Thank you for your reply.

That's why I'm a bit concern now.. My lawyer said there are few cases pending like mine and they are chasing the land office every week. Is there anything I can do at my end?

Just want to share problem with careless lawyer. or maybe his clerk.

Just received Kuiri Borang Cagaran Tidak Lengkap from BPP Putrajaya.

From the letter they said that the lawyer need to relook at amount in borang cagaran and hibah form. Is it lawyer and their clerks really don't know how to do calculation? Just expert in talking... Hahahaha...

Joking

But the serious matter is they also forget to fill up their lawyer name, ic, chop and bla bla bla...

is this carelessness usually happen?

and after two weeks they still don't call me to inform the progress of this matter... if i need to go AGAIN to their office to sign the doc...

After i have paid them, they can't take initiative to call me?

What was the reason given for the delay? At your end? Some people get fed up with their lawyers and personally attend at the land office to see what's going on. Depends on whether you want to do so, but out of courtesy, you ought to inform your lawyer that you are going to do so.

First time buyer here....

Need some legal advise here...

Me and my wife found a nice and convenient apartment and decided to go ahead and purchase. The unit is a sub-sale unit, completed almost a year if I'm not mistaken. My wife is a government servant and she is eligible to apply for government loan under Bahagian Pinjaman Perumahan (BPP).

So we contacted the agent and after looking a the unit, we decided to make the offer. We place 3% earnest deposit and the agent introduced us the owner's lawyer to proceed with S&P and such.

After few days we found out that the lawyer has limited knowledge on preparing documents for government loan application. To my understanding, BPP requires S&P and Loan Documents. The owner's lawyer mention we need another lawyer to prepare the Loan Document, as they can't prepare for us. The agent's lawyer also send us the draft S&P for us to check upon.

While looking at the draft S&P, i noticed there is a clause "(A) By a Sale and Purchase Agreement dated XXXXX(hereinafter referred to as “the Principal Sale Agreement”) made between XXX(IN LIQUIDATION), a company in Creditor’s Voluntary Winding Up and acting through its Liquidator, XXX...."

Does this means the developer/owner is in liquidation? Does this mean bankrupt?

I did asked my friend's lawyer and they not sure how to proceed with this situation.

So can someone kindly explain to me what is the situation and how to proceed? We thinking to hire a new lawyer that can handle these situation on our interest and advise us?

Thanks.

This post has been edited by apisgogo: Nov 3 2011, 10:26 PM

No reason given for the delay. Everytime I called or sent email, the clerk will tell me that it's pending for land office endorsement, will let me know when it's ready. I did ask whether they went personally, but was told they can only meet up with the counter clerk, therefore can't do anything about it.

I am wondering whether I should complain to HSBC on their panel lawyer to speed things up.

hi Daria, my legal just told me they are in the midst of submit my CKHT Form at Lembaga Hasil Dalam Negeri, would like to know the general status, is tis just the beginning process or already half way in order to get my house?

The developer is in liquidation. You did not mention anything about the proprietor of the land. The developer may not be the owner of the land. As such, the owner is called the proprietor. In any event,there's nothing to worry about. As long as the liquidators have a complete set of all the documentation from the developer, there ought to be no reason why the sale cannot proceed. No money is going to go to the liquidator anyway, as the vendor has surely settled as his dues with the developer prior to liquidation.

At the very least, they ought to email you to update you of the status. Yes, you may complain to HSBC. If you think that the delay can be attributed to their lackadaisical attitude, you can file a complaint with the A&S Discip Board as well. Details can be found at the first page of this thread.

CKHT forms are to be filed with LHDN within 60 days from the date of the SPA , so this can't really be used to gauge the progress of the file. Sorry,mate.

Dario, I need a piece of advise here.

I have purchased a property, final payment already given to the vendor solicitor. However, upon inspection before delivery of key, I have found out some new issues.

1. White Ants were found but not noticed previously.

2. Water leaking

3. Floor crack.

4. Lots of garbage not clean up.

All these were not noticed as it's block by furniture and fittings.

Is there anything I can do other than inform my lawyer? Is owner compelled to fix this for me before delivery VP to my property?

This post has been edited by keith_hjinhoh: Nov 5 2011, 01:44 PM

What is stated in your SPA? That will state if the vendor has to sort it all out at the vendor's cost. Usually it is sold at the condition when you viewed it at first - it's what we call 'as-is-where-is' basis. So do look up in your SPA to see how parties has agreed to deal with such matters.

Hi Dario, been searching high and low for a kind lawyer who's willing to offer advice especially during these holiday season.

I have an interested buyer for my condo. He is suggesting that he will pay the 8% downpayment (2% agent fee will be paid cash) by applying for EPL withdrawal.

In order for that to happen, i will need to sign the S&P with him. What are the complications that i will face if he fails to withdraw or simply refuse to pay up?

Should i even consider his request? If yes, what are the clauses to include so to protect my interest as a seller.

Thanks in adv.

Hi lawyer,

After I signed s&p, developer go and change plan which make the room smaller (they want to give a space for air cond outside. )

I dun like it. They tell me I can't do anything for me because other buyer sign and agree and they won't accommodate me and force me to sign.

The question is, what happen if I refuse to sign? Can I cancel the purchase and get full refund?

Thanks

Hi all, I hope someone can answer my question, since I've applied to add the legal fee and stamp duty on the housing loan package, do I still need to pay the legal and stamp duty fee during the time i pay 10% first deposit to lawyer? Cause I'm short of money...

I would advise you against doing so, unless you are desperate to sell and you don't think that you can get another buyer at the price you're seeking.

Real life scenario which I have come across was where the buyer used the same excuse and everything got stuck as EPF requested a letter of offer from the bank as one of its requirements. Later on he could not obtain a loan, and the SPA dragged on for more than 3 months with no progress. In the end, it was aborted and the seller merely forfeited the 2%. As a result of the delay the seller unfortunately missed a house which he intended to purchase with the proceeds of the sale of this house.

Thanks for ur advice Dario

I'm assuming that the size of the unit has been reduced pursuant to the change in the plan. Am I right?

One of the required clauses under the Act is that any reduction as to the size of the unit entitles you to a refund (based on the sixe of the reduction). Check your SPA to locate that clause.

However, it does not give you the right to repudiate (cancel) the SPA.

Did the developer give you a copy of the stamped SPA before they told of you of the intended change of the plan? In other words, do you have proof of the original plan?

If you have proof, then instruct your lawyer to write to the developer formally. Unless of course your lawyer is appointed by the developer (free legal fees?)

In that case, you have to appoint your own lawyer.

After some bugging they might just decide to agree to abort the SPA and refund all monies paid by you. That is a long shot. They can just refund you based on the reduction.

Basically there's:

1) Legal fees for SPA
2) Stamp duty upon MOT/DOA
3) Legal fees for loan documentation
4) Stamp duty on principal security documentation

Although 3 and 4 are included in the loan, you still need to pay for 1 and 2.

Standard procedure is to pay during the execution of the SPA.

However, it is between the client and the lawyer. If the lawyer agrees to grant you an extension of time to pay the fees, then all is good. There's no hard and fast rule although in most cases, when the purchaser is the client, the lawyer would demand for fees to be paid upfront. If vendor, there is still the opportunity to deduct it from the balance purchase price.

So do talk it up with the lawyer.



This post has been edited by dariofoo: Nov 7 2011, 11:03 AM