Lol, I'm no mind reader, certainly not a mind freak probably share the same sentiment as yours. at the end, its not the highs or the lows of the fees.. its a matter of principle behind it. As far as disbursements goes (and being Malaysian myself  ) I would think its just and 'fair' given the magnitude of such requests to the solicitors. After all, its probably a win-win. Purchasers wants it fast, Solicitors wants to get it done. Strike a balance and arrive amicably at mid-point with some consideration is fine, i think. Personally, I think its best not to ponder over it as long as principles were adhered. 

Anyway, I shall advise my friend to put an eye on item 2 & 3. For item 4 & 5, what can I say My friend could find out more from them but I'm sure the house will win! Really, thanks Dario for putting it all together as always, cheers and have a good day 

The cheque she already took back. Does the constitue as acceptance? She didn't bank in yet.

Yes, there is a clause in the letter. But now seller is trying to ignore this, and I guess refuse to pay. She doesn't want to buy the house anymore, but she is asking for compensation. Hence, the demand letter to the seller, which the seller ignored.

Her question is this, the S&P is not signed as seller can't be contacted. However the 21 days is already over. Can she still seek compensation or lawsuit against the seller? She did ask around, it seems she can caveat the property or something.

Appreciate your advise, thank you.

Dunno whether is there anyone can help here. Just try my luck and share my bad experience here.

I was eyed on a condo and decide to buy the unit. Owner and i deal all the way through agent. Owner is located in UK and this property was take care by his brother who stay in KL. I've paid deposit 3% and sign for the booking forms, for the owner part agent email owner the document to sign and then owner email back to us. Once this booking form done, we proceed to lawyer for SPA. We both (owner and i) using the same lawyer. 2 weeks later, lawyer ready with thr SPA and owner rushing lawyer to pass the document to his relative who is going to visit owner is few days later, so lawyer just pass over the document. Once the document reach UK which is owner's hand, owner suddenly decide not to sell the condo to me. Owner verbally or sms inform the lawyer and agent as well.

Ok, since owner black out and advise from lawyer is owner need to write a letter said that he want to terminate this deal with me. But owner slowly disappear which lawyer and agent unable to get him at all. I suppose to claim back my deposit and compensation from owner but now i do not know what to do at all. Lawyer did write a letter to owner which giving 2 weeks time to response back to us, if he fail to do so we will automatically assume he cancel the deal.

What i heard from agent is my 3% deposit is still with the agent. Agent agree to give it back to me only when owner write the termination letter to me. And now agent trying to avoid the responsibility to reimburse compensation for me from the owner. Agent just throw me the words with if u wan to get back the compensation you go find lawyer and sue owner. I was wonder is it agent suppose to help me reimburse compensation from owner???? I did talk to agency's principle, at first he seem willing to help on this case but after he discuss with the agent, he feedback me the same things like the agent. Ask me go find lawyer sue the owner if i want get back my compensation. Principle said if huge amount then he will try to help me fight back my compensation. Even my 3% compensation is just RM7k doesn't mean i cant get the same services like those who buying 1million property??

Now i was thinking to go association to complain about this agency with this kind of services their provided to me. Anyone can give me some advise what should i do to get back my compensation? Very appreciate if you can share to me. Thanks!

lolikid: your plight sounds exactly like the friend of mine! except agent willing to give back the cheque. However, they also said the same thing like .. 'u want your money/compensation, u go sue the owner la'. And refuse to do anything further.

dariofoo: thanks for the advise. Got one more question: If we can't caveat the property, how can we ensure the seller pay the compensation? If she sues, and seller just ignore.. she'll be wasting her time and money for nothing?

HELP!!! My uncle just sold his shop but his long time tenant refuses to leave. For about half a yr now, they did not sign rental agreement as my uncle had the intention to sell his place. So out of goodwill, they verbally agreed to continue on a monthly basis. Now tenant is claiming he has nowhere to go and he can take up to a yr or more to move out.
 
Anyone can advise what course of action my uncle can undertake to evict this difficult tenant? Thanks.
 
1. Can report police that tenant is overstaying without agreement? He has been paying minimal rent and my uncle has been issuing him with a monthly receipt. What if my uncle stops collecting his rent with immediate effect and report police?
2. What about serving him with a new agreement at a high rent and if tenant doesn't want to sign, that constitutes he is unwilling to be my uncle's tenant any longer?
3. Is there such a court order that can be taken to lock up the whole place? Caveat or something?
4. I heard someone mentioning about bailiff? Can this help?

Hi Mr. DarioFoo,

Need help from you guys.

Sequential of problems:

1) I resigned early of February.

2) I booked an apartment by giving deposit rm4.5k to the agent and signed the booking form. In the booking form i put
special condition stated "Deposit fully refundable if loan is not approve". Both of us agreed on that but the owner don't know that i resigned at that time.

3) My loan rejected due to fail at employer verification at my company since i resigned.

4) Owner refused to refund the deposit since she knows the reason of rejection which is i resigned before booked the apartment.

Explanation:

1) First of all i don't know that bank will do employer verification.

2) I resigned and hope to get another job offer letter from other company but unfortunately i didn't get it. So, initially i thought that i able to get loan since i going to get the offer letter. Besides, i tried to get loan from other bank using my registered enterprise company but i still couldn't get any loan.

Since i already put a special condition like deposit is refundable, the owner must honor that terms since he has already sign it no matter what is the reason of rejection. If i know, the loan sure will reject, even i myself won't waste time to pay deposit and waiting for the loan approval.

I urgently need experts or lawyers advice on this problem since this problem just happened and the amount forfeited is quite a lot for me. Thanks

I attached the booking form as well.

Desperately need advice,
Loges  

Dear all,

Below is the quotation for my bank loan (360k) legal and stamp duty:
facilities agreement 2,970
deed of assignment 297
power of attorney 297
6% tax 213.84

stamp duty - facilities agreement 1,800, 3 copies of FA 30, deed of assignment 40, power of attorney 40, statutory declaration 20, letter of offer 10

registration fee - filing of power of attorney 60

disbursements - affirming statutory declaration fee 28, bankrupty searches 48, land &cavaet search 90, developer's confirmation 100, documents fee 150, misc - photostating / stationery - 50, courier / postage 30, fax/telephone/binding 50, transport & travelling 150.

Is the charges reasonable? I believe I still can ask for lower fee but where to deduct?

Thanks.

Thanks for your advice and confident your gave to me.

I just called the vendor on this matter and she told me that she already asked the agent to refund to me back one week ago.     

But the agent told me the other way around that owner forfeited it.

How can i proceed sir? Thanks

Hi dario,

just need to make a quick check if legal fee RM5241 for a loan of RM260000 is reasonable?

how is this usually calculated?

thanks.

Got it thanks.

just to double confirm tho - the 50% off stamp duty for first home owners, only applicable for S&P right? Not for loan?

terima kasih

Hi dariofoo, 1st time house owner here. Need to seek your professional advise. Hope you can help.

Just got the keys to my house. But I'm afraid my lawyer didn't do a good and thorough job.

I bought a double-storey which has extension. The extension has approval docs.

1)In my s&p, there are no approval docs.
2)Also not attached quit rent/accessment docs.

My lawyer is the kind that is very slow, doesn't respond to my e-mails or sms-es. Finally got him, I asked him for the docs. He said he doesn't have the approved docs, but has quit rent/accessment docs which he will send over. So I ask him, how do I pay the quit rent/accessment? Is the quit rent/accessment already transferred under my name? He said no. I asked him how and where to transfer then? He said he's also not sure. Asked me to go myself to check in the land office or something.

I'm honestly surprised. I have a few questions:

1) Besides the obvious s&p to be signed, how to know the title is already transferred to my name?
2) Shouldn't my lawyer do all these transfers for me?
3) How come lawyer doesn't make sure docs are in order and can ask client to sign s&p?

I'm afraid he didn't do a good job? And next time when I want to sell will meet trouble?

Appreciate your advise.

This process is well-explained, bro,... thank you. On another note, what if it has been specifically mentioned in the Tenancy Agreement that the Landlord has the right to lock the doors and prevent the Tenant from accessing the premises if certain rules have been broken ?

Then wouldn't the right to lock-up be there after that ?

Thanks very much for your clear explanation. They have met buyer and his lawyer. Buyer willing to wait. Lawyer advised the same as you ie serve eviction notice. Just hope matter won't drag on too long. They also going to cut water/ electricity.

Bro,.. I believed the decider here should be very simple, and no two-ways about it - if the tenant does not pay-up by a certain number of days from the 1st of the month, then the recourse, though drastic, would have been granted to the landlord. That's the ONLY and the basic rule, that's all. Sorry for saying this, but how much more detailed could it get ?

What method of judgement needs to be in-between ?

I'll add another term into the Tenancy Agreement too : if the rental is not paid by (when...), the Landlord will have the right to TERMINATE the Utility Supplies.

New owner should have such rights, right ?

Thank you.

Yes the same lawyer did the loan agreement. However, he did not give me a photostat copy of the title for reference. Can I again, asked him for it?

Also, can anyone kindly advise me where to do the transfer of quit rent and accessment? Is it different mukim , different bandar, different land office?

Bro,.. yes, understood on both points,...

For the first point : I was mentioning about a set of house rules earlier, and later I spoke about a single term instead,... hence you were talking about the set of rules, thanks for clarifying,...

For the second point : I think if the tenant has breached the single term being the mode of rental payment, then  everything should kick-in, namely cutting of utilities and re-accessing premises - no need to think so much anymore. After that, whatever else that takes place is to be borne by the tenant. And all these need to be written out nicely in the Tenancy Agreement for the prospective tenant to see, in order to be fair to them.

Wahh,... if like that, then the new owner is truly at the mercy of the previous owner and the tenant. If both sides do not perform their functions, or even one side fails to perform his/her function, the owner is in trouble.

It's difficult enough to handle one party, now the new owner has to contend with two parties.

Hi dariofoo, Called up my lawyer, however he said does not have a copy of the title.

I asked him 'why'? and how can the bank release the money without having the original title? He said it is based on a receipt from the land office. He does not have the title yet, not sure whether he follow-ed up to get the title. And bank also did not receive the title yet. I ask him without the title, how do i know it already transferred to my name? he said based on the receipt.

may i know ur advise? is this right?
and how long does it take for the original title to be transferred from one name to the other usually?

it's been over 3 months. Just wondering, does it usually take so long? As I have a friend whose title for double storey came up within 2 weeks.