thanks mr foo

the size of the land still the same. if build up include the aircond ledge, then build up also same. but because air cond ledge, room is smaller.

i have the email from them original vs altered plan. so i have proof.

they haven't stamped the s&p. they say they can change s&p becauseof this. he said other owner signed already.

thanks for reading.

by the way, it is free legal fees. lol

This post has been edited by gogo2: Nov 7 2011, 12:58 PM

I see. Then that clause is no longer applicable.

If both parties have executed the SPA it is deemed to be final. Stamping is just a mere formality. If you want to assert your right to the original plan (as at the date of execution), you need to engage another lawyer to send a letter of demand to the developer.

You need to instruct this current lawyer that you are not proceeding with the transaction due to the change in the plan.

thanks. i'm unable to contact this lawyer today. will contact him tommorow.

Thanks for the clear explanation, now another problem arise... Lawyer insist us (me and girlfriend) income tax number, but my gf and me dun qualify with the income tax so they cant give me...so how now? is the income tax number a must when signing SnP??

Small matter. Just go to the nearest LHDN office with a certified true copy of the stamped SPA and request for a new Nombor Rujukan Cukai. They will immediately issue you both with respective numbers. Free of charge.

Don't have to worry about being taxed for it. It's just for their reference.

Hi Dariofoo,

I recently purchased an auction property and would like to check if this is a must to pay as the lawyer is telling me that there are 2 type of fees i will need to pay:

1. Deed of Assignment fees (Transfer the property to me)
2. Loan documentation

The bank panel only mentioned about loan documentation but didn't mentioned the DOA. Must I pay?

Many thanks for throwing the light! It doesn't affect the progress of stamping and buying procedure right?

Good Day,

I m new for this forum. I need to check some legal matter here. My father want transfer his house to his wife, how much the cost and time frame to transfer the ownership to my mother?

High appreciate if anyone could advise.

Thank you.

My dad just bought a subsale property. Due to the seller and ourself lack of subsale knowledge, can anyone enlighten us the proper process?

1. Seller demand for RM5K deposit. Is it we pay it directly to seller or pay through lawyer to be secure?
2. What document we need to request from seller.
3. Both seller & us need to appoint lawyer?

Yes, you have to pay,mate.

It does not, but make sure that you do it early as your solicitor needs to submit it to LHDN within 60 days from date of execution of SPA.

Cost - a reasonable sum not exceeding the scaled fees according to the market price of the property at time of transfer. To calculate the scaled fees, use the calculator at the first page (just key in the market price of the prop) or you can download the SRO.

Time frame - I would say roughly 1 month or sooner (sending the MOT for adjudication is the process which is unpredictable) if the property is not encumbered (i.e. no existing bank loan).

1. Earnest deposit, I assume? Can pay direct to owner but better have some form of black and white. A simple letter of acknowledgement would suffice.

2. The principal SPA (when he was the purchaser), photocopy of IC, his loan documents (if the property is still encumbered), photocopy of Geran, photocopies of all utility bills, quit rent (if got indiv titile) and assessment receipts (cukai taksiran).

3. Purchaser definitely needs to appoint a lawyer. Seller can opt to appoint own lawyer or 'tumpang' your lawyer and authorise him to do the redemption of his loan (if the property is still encumbered), discharge of charge/deed of receipt & reassignment and filing of CKHT forms. Since you're going to have to appoint a lawyer you might as well request that he prepares the necessary documents to secure your interests for your query in 1 above.

Hi dariofoo,

My situation now we signed all the document. We get the loan. We already pay 2 months loan but until now we still haven't get the house key. The reason laywer given was the previous owner didn't pay legal fees to the developer before and the document at the court and etc and so. I need your advice. From my agent the previous owner get the money already. Thanks.

LAWYER'S CORNER WILL BE TAKING A BREAK

Dear all,

Am off for a trip overseas early tomorrow morning and thus, I will unavailable until Mon, 14th November 2011.

Humble apologies.

Do seek advice from those in the open forum if it is urgent.

For those who can wait, do post it here and I'll get back to you on Monday when I get home.

Cheerios

Happy holidays and thanks for the help mate.

Hi Dario

Have a good and safe trip!

I have a question but this can wait until you get back on monday..I am in the process of finalizing the signing of the S&P for a landed prop (leasehold) and the
purchaser (foreigner married to local) has requested that i rent the house to him.. I have not agreed to rent it to him yet as he gave me a lot of hassle during the initial process up till now and he seems like a difficult person so I am a little hesitant.

If i decide to rent to him, what are the important points i should include in the tenancy agreement to ensure that i am adequately protected that will cover all possibilities while waiting for the completion of the sale ? For eg. what happens if he moves in and start to find fault with this and that even though the house is sold as it is? he has requested that i paint and clean the house first which i will do so even though I really dont have to ..he viewed the house when it was tenanted and the tenants were people who were adverse to cleaning ..there was no verbal or written agreement that the house should be painted or cleaned or the garden mowed for that matter..

What if he does not pay the rent and his lawyer cant recover it from him? btw his lawyer is half past six so another nightmare..

What if consent cant be obtained for whatever reason and how long does it take to evict him and at what cost?

so many what ifs...ai..

can i have your advice pls?

Many thanks as always..

Regards

This post has been edited by jessy123: Nov 10 2011, 05:42 PM

hi Dario,

need you professional advice, tks in advance!

1) Will buying a Condo (freehold, completed) from a foreigner take longer time for the whole process to be completed?

2) What are other things that one needs to take into consideration when buying property from foreign owners?

thanks!

Hi Dario,

I have a quick question regarding seller's lawyer withholding my 2% of the purchase price for government tax. How can I find out if that 2% tax is already been filed in the tax?

The most important thing is regarding the condition of the house. You need to reflect the rental in the SPA and the purc must agree that the house is sold on an as-is-where-is basis at the time of the viewing and that the purc would be responsible to make good any defect to the house in the event the SPA is aborted for any reason whatsoever, AND another clause that you are no longer responsible for the condition of the house at the completion of the SPA. Clauses to that effect (it ought to be more detailed - your lawyer ought to know how to draft it) should protect your interest. So, your tenancy agreement is not that important - that would reflect more on the rental to be paid, etc. It is your SPA which has to be more encompassing to include all eventualities in the event the SPA is aborted (SPAs are only important and referred to when things go WRONG only,right? )

Legally speaking, you are under no obligation to paint the house unless the purc agrees to bear the costs of same. Same goes for cleaning, but having said that, I guess it would not be polite nor courteous to hand over keys to a dirty house. It would not reflect well on you.

If he does not pay rent, it is not his lawyer's duty to recover it from him. It is your duty. If the purc has money, I would suggest collecting rent in advance. Example: If you foresee that the SPA would be completed in 9 months, I would suggest that you demand for 6 months rent to be paid upfront. That would eliminate one headache for you. If he can afford to pay in advance for 6 months, it is highly unlikely that he will bail out on the remainder. Another alternative would be to state in your SPA that all oustanding rental and utilities/outgoings must be settled by the purc and proof of payment must be shown to the vendor's solicitors before the SPA is deemed to be completed.

That's actually good news. Just hope that your lawyer is not likewise.

How long to evict depends on many factors and whether you do it legally or illegally

Legally - to get a Court Order - may take a few weeks or few months or even more than a year - depending on how co-operative he is, whether he engages a lawyer, what kind of lawyer he engages (a reasonable one or one who is just there to buy time and drag the matter while he continues to occupy the place), how efficient the Court is and the free dates of the Court. A lot of factors. What if he fights the case all the way til the end and after losing, he appeals and asks for a stay of execution (thus giving him a longer time to occupy the premises)??? That would be the worst case scenario which could happen.

Illegally would be terminating water and electricity - then you see how long he can tahan. But your bear the risk of being sued by him as the termination was unlawful. Not all would sue, but it has been done before.

How much would depend from law firm to law firm. Some expensive, some cheap cheap. One thing for sure is that you must first consider the money paid for fees and outstanding rental (evem if it is double rental) as a bad debt. This is because in most cases, then they do leave the premises, you would not be able to trace them and to enforce the Court Order would cost even more for you in legal fees. So you spend good money chasing bad money.

So, do think it over properly before deciding if it is worth it to rent it to him. Has his loan been approved? That is an important factor as well. If his loan has been approved one stumbling block has been removed and the chances of the SPA to be completed would improve.