Yep..they did not produce any form of doc/letter. They'll need the sum to allow the land office to procure the consent. A bit doubtful to me as I never heard of such sum to be paid. Based on your expertise/experience, is this situation normal? Will press for more answers when we meet the solicitor.

As they say , nowdays faster processing equals money but normally how long would the process (sub-sale) take to complete? Can I stop my current installment now? thanks bro!

I know the answer but I want to see what the solicitor explains to you when you meet him, or when you request for a letter demanding for the RM1,000.
Keep me updated on this as this is very interesting.

With regard to your instalment, you would normally stop paying once the cheque for the redemption sum has been paid out to your financier, thus clearing the loan.


This post has been edited by dariofoo: Jan 1 2011, 06:22 PM

Wow..now you are making me really nervous.. that's the fun part. learning process re legal is quite thrilling btw especially when we are caught off guard by these kinda issue. We are meeting the solicitor this Tuesday - will be interesting to hear out their answers on other queries too, which I've posted earlier.

Hi,

Need some advise as first time buying house. Now i am in the process of getting a lawyer for my loan agreement. Unfortunately i cannot use back my S&P lawyer as is not in the bank panel lawyer. Here is the quotaion i get from the lawyer for loan agreement. My loan amount is RM252k.

Facilities Agreement - 2, 214.00
Deed of Assignment - 221.40
Power of Attorney - 221.40

1. Stamp Duty on
a. Facilities Agreement -1, 280.00
b. Deed of Assignment - 40.00
c. Power of Attorney - 40.00
d. Statutory Declaration - 20.00
e. Letter of Offer - 20.00
2. Registration
a.Registration of PA- 50.00
b.Confirmation fees - 50.00
3. Search
a. Bankruptcy - 60.00
b. Title - 120.00
5. Other Charges
a. Affirmation - 50.00
b. Purchase document - 100.00
c. Transport and courier charges - 200.00
d. Telephone, postage and courier charges- 150.00
e. Misc and other charges not specifically mentioned herein - 50.00

Can i ask for discount? hehe

Thanks in advance.

This post has been edited by LameCouple: Jan 5 2011, 09:32 AM

HI Daria, I've asked this before in this thread but unable to come to a conclusion. can you enlighten me on the 50% stamp duty discount which will come into effect on SNP stamped on 1st jan 2011 for properties below rm350k? is it been enacted or practised yet?

Hi there,
We need some advice as well. In the process of selling a leasehold property at the price of 130K. Was quoted $1800 by the purchaser’s laywer. We do not intend to engage a lawyer in this process. We believe we should only pay discharge of charge and gain tax fees, but somehow was quoted with bunches of other fees. Can we, the vendors, apply consent to transfer in person??? Thanks in advance and appreciate the help..

Prof services:
1)discharge of charge 300
2)change of name form 100
3)application for consent to transfer 300
4)real property gain tax 300
subtotal = 1000

Disbursements
1)carian rasmi on strata title 50
2)affirmation on statutory declaration 10
3)app. of consent to transfer 50
4)registration of change of name form 120
5)registration of consent to transfer 50
6)regist. of discharge of charge 70
7)CTC on form 13 by CCM 30
8)bankruptcy search 20
9)traveling 100
10)printing,binding 100
11)telephone,fax 100
12)misc 50
13)gov tax 50
subtotal = 800

TOTAL = 1800

-me

Wanna ask, what's the meaning Discharge of Charge, how is is calculated? Assuming if i buy a completely new house, at the end of completing all payment due to the bank, is there any payment that will crop up?

Hi. This must be the worst experience I am facing. Let me know if I am in the wrong thread.

I have just rented my condo out in Nov. Tenant very prompt in deciding to rent and paid immediately 2 months deposit and half month utilities. First month due , I have to sms and called and finally he came back and said relatives passed away. Being human I did not chase him after he promised to bank in by a date. No payment after the date and I started to chase him several times. He has then finally bank in which is 3 weeks delay. Now coming to the 2nd month, 8 days overdues, sms and call no reply. Maintainence office said water bill not paid and TNB also not paid.

Help...What should I do?

"Discharge of Charge" is discharge you from owing to the bank and proper form, proper bank document and proper procedure needed to comply with.

After you complete settle house loan or sell your house, you need to do "discharge of charge" and normally done by the law firm.

You can do it yourself by going through the hassle. If you have alot of free time.

---

Added on January 5, 2011, 10:02 amI think you should do it yourself because cheaper.

---

Added on January 5, 2011, 10:04 amDariofoo or Handsome la bro.

This post has been edited by Seremban_2: Jan 5 2011, 10:04 AM

seremban_2 : my bad...

Sounds exactly like my previous tenant for my condo. after third month had to bring police in ... caught the buggers in the midst of cabut, even with my fittings. Coz of police presence they paid up for everything.

my advice, go c ur lawyer and start eviction process. I hope you have copy of his NRIC also. don't hesitate to list him in citos n yes it will cost but u have to do your part to let these types of ppl know that they will get screwed in the end n hopefully cut this type of problem down.

good luck!

This post has been edited by antal: Jan 12 2011, 09:17 AM

Will police help? Ya I have his copy of IC.

Can you just simply list a person in CTOS? HOw much is that?

I did check the eviction process. Its very time consuming and cost is unknown. But guess no choice if that is the last resort.

Hope to hear any more effective tactics.

An alternative to what Dariofoo has mentioned, if you are in no hurry for vacant possession and if you feel (this is purely subjective) that the previous owner is genuine, sign a simple tenancy agreement with the occupant and get him to pay rental for the next two months. At least with the additional rent you can pay your lawyer to evict the occupant if he/she fails to vacate at the end of February.

LameCouple:


Legal fees are alright. Only thing is that bankruptcy search ought to be RM12/pax, and stamping of letter of offer is just RM10. Title search is quite pricey at RM120. Perhaps there's two titles?

---

Added on January 5, 2011, 1:45 pmme_hu:


Wow you're really being taken on a long ride down Bullsh*t Avenue by these bunch of rogue lawyers. Utterly ridiculous charges. Only Discharge of Charge, Application for Consent and RPGT at RM300 each is proper. Perhaps another RM150 for disbursements, and nothing more. Do the right thing and get a second opinion.

It's quite a hassle to do it on your own as you would have to fill up the forms and follow up on your own and it would be a waste of money.

---

Added on January 5, 2011, 1:51 pmA charge is a security created over the property in favour of the bank. When you have fully settled all payments to the bank, the bank would have no reason to maintain the charge, and thus, the procedure to remove the charge is called Discharge of Charge.

Once the charge has been discharged, the bank will return the original title, original S&P (if they are keeping it), and the duplicate charge to you for your safekeeping.

Most of the time, one only discharges the charge when one subsequently sells the property. In such scenario, one can authorise the purchaser's solicitors to do the Discharge of Charge documentation. The legal fees are RM300, excluding disbursements.

However, if you want to do it right now, there's nothing wrong with that too. Appoint a lawyer to do it. Same legal fees applies.

Cheers.

---

Added on January 5, 2011, 2:11 pmFirstly, you're in the right thread. Welcome.

It's only been two months, so it might be a bit too early to set the alarms ringing. Perhaps he would usually be able to pay on time but due to unforseen circumstances, he was unable to do so. Perhaps he's going through a rough patch.

With regard to rent, bearing the above in mind, you can tolerate the delays for the time being. Give it a few more days time, then you better pay him a visit and address with him the issues of late payment of rental and unpaid utility bills, as the latter may accumulate and burgeon into one huge load on you later on. The way he reacts can tell whether he's gonna improve things or otherwise.

However, if you smell a rat and you want to cut him off while it's still early and forfeit the deposit, this is what you have to do:

1.Do you have a tenancy agreement?
2.There ought to be a clause stating that in the event the tenant fails to pay monthly rent by X date, the landlord can terminate the agreement. You may have to give one month's notice in advance.
3. Once he defaults after X date, send him a letter terminating the tenancy.
4. Forfeit the deposit as it is to cover the one month rent which is still outstanding as well as rent for the one month notice period - make sure that he settles the utilities, or else, use the money from the half-month deposit to clear the bills.
5. Once the 1 month period is up, tell him to vacate the premises.

What happens after that is hard to guess. On one end, he might be graceful and leave without kicking up a fuss. On the other end of the spectrum, he might damage your house and leave in a huff and without any trace.

I know of such tenant who filled up the landlord's toilets with faeces, clogged it with bottles, and then kept on flushing it until the whole toilet was flooded. The end result? I leave to your imagination ya.

So weigh your options carefully first before deciding.

---

Added on January 5, 2011, 2:18 pmIf you subsequently sue him for unpaid rental and you get a court order in your favour, you can send it to CTOS for them to enter into their database. Any judgments where there is a monetary sum involved would be welcomed by CTOS. If it is just to humiliate or embarass him just because he did not pay you rent now or if you evict him, CTOS is not the right avenue.

Eviction would be the last resort. Cross that bridge when you reach it.

This post has been edited by dariofoo: Jan 5 2011, 02:18 PM

Thanks dariofoo I had checked with the lawyer on the bankruptcy search, she said is for 4 pax at RM15/pax. 2 for buyer(us) and 2 is for vendor. Sounds reasonable? As for title search...hmm..as far as i know there is only master title...hmm..usually title search pricing is around how much?

Thanks so much

Search is only RM12, not RM15. Tell her ok but you want to see receipt. See whether she goes like this ->

Search ought to be around RM30-60. Depends on the land office. RM120 is high. Did you check with the lawyer?

Lawyers can only bill you for disbursements actually incurred, i.e for exact sum of expenses incurred. If they mark it up even a bit that is wrong. Some people may think it's just a bit but when you add it all up, it can make a difference.

Up to you.

Can i ask for receipt for all the disbursements they charged me?

As for land title - hmm..will check with them...is like double of what they charged me...RM60 can eat a decent meal for two..haha

Just wondering, the payment is due upon signing the loan agreement, why not after all the title is transfer i.e i got the keys?

Yes you can ask for receipts. They have to give a copy to you. It's just like purchasing groceries, you need to see the receipt to check if you're paying the right price right? If they overcharge you for disbursements, they ought to issue you a refund at the end of the transaction. Unused portion of disbursements must be refunded to you.

Payment of legal fees is upon signing of the S&P or loan documentation, as the case may be. It's common practice.

Some firms accept part payment, but you must settle before the end of the transaction.

Lawyers also scared clients 'cabut' mah

Then they sit in the office the whole day going like this ->

dariofoo,

is epf withdrawal need to stated inside s&p? my lawyer say need to stated inside but now we both sign already...

Why must state inside? Did the lawyer say why?

No need, in my humble opinion.

Unless you got some arrangement whereby the vendor allows the purchaser an extension of time to pay the balance 8% deposit only after withdrawal of fund from the purchaser's EPF (as you can only make your application to withdraw EPF funds after you execute the S&P).

This post has been edited by dariofoo: Jan 5 2011, 03:44 PM