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TSdariofoo
post Mar 30 2011, 05:01 PM

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hbgoh57:

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The legal fees are alright.

With regard to disbursements:
1. Bankruptcy search - RM96 for loan? How come? If you look at SPA disbursements, RM12 has already been billed. There is no need to do it twice.
2. Purchase of facilities agreement - make sure that it is actually RM200. Some banks charge only RM100, some RM150, and some RM200. If in doubt, casually call the bank and enquire.
3.Stamping - Statutory Declaration 30.00
Stamping – Statutory Declaration for owner occupation 30.00
* Only one copy needs to be stamped with RM10 nominal duty so it ought to be RM10 each.
4. Total disbursements for travelling, printing, misc, etc for both bills combined is RM500, which is very high. Normally when one firm is used for both SPA and loan these costs ought to be reduced. Or else, it would make no difference if you appoint another firm to do your loan doc.

QUOTE(hbgoh57 @ Mar 30 2011, 12:46 PM)
Another question is I am buying the property(freehold) from a malay owner. The thing is the owner bought the property with bumi discount from the developer but my agent and lawyer told me that the property is under open title. Is there such a thing whereby u can buy with bumi discount and yet it is non bumi lot?
*
Bumi discount is a separate issue from bumi lot. Bumi discount is across the board for all bumiputeras as of right, while bumi lot is as divided by the developer according to the directives by the relevant state authority. If your lawyer has done the relevant searches he can find out for certain on your behalf if it is indeed a bumi lot.

icon_rolleyes.gif


TSdariofoo
post Mar 30 2011, 05:11 PM

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QUOTE(dtna7 @ Mar 30 2011, 02:13 PM)
hi dario,

thanks for the help.

I just called my lawyer (his assistant i presume), and she says that i am entitled to 30% discount according to the Bar Council something.... :stars

Then she concluded that RM4800 (initially RM6087.xx) will be the price i can get, and i negotiated further by claiming that since they are the SPA lawyer as well, some things are double charged. The weird term on general disbursement something... i objected was promised to be removed as well..

The last thing i need explanation is...the 30% discount something she mentioned.

Do you know anything about that Mr.dario?

Thanks for the help thus far~
*
Para 6 of the Solicitors' Remuneration Order 2005 (SRO) by the Bar Council which regulates the fees which lawyers can bill their clients in conveyancing matters effective Jan 1, 2006 clearly states that "there shall be no discount on fees specified in this Order"

Here you go:
Attached File  SRO_2005.pdf ( 71.22k ) Number of downloads: 16



TSdariofoo
post Mar 30 2011, 05:14 PM

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QUOTE(trickle @ Mar 30 2011, 05:04 PM)
Thanks Dario. smile.gif  Cross finger everything goes well.

So out of curioustiy, there's no idea whether they really will charge any processing fees for the early cancellation or it depend on case basis?
*
Any right given to them to forfeit must be pursuant to the letter of offer to purchase, if any. If there's none, then they must refund in full to you.

If they give you problems, go complain to the Board - the full name, address and details are in the last few pages of this thread. Check it out. Surely they will get scared and refund it in full to you with no further questions. laugh.gif
TSdariofoo
post Mar 30 2011, 05:15 PM

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QUOTE(ahad @ Mar 30 2011, 03:58 PM)
Dear Dario , appreciate your answers.Thank You.
*
cheers.gif

Please check on the Bank Negara and 2001 thingy. I'm very curious also. hmm.gif

This post has been edited by dariofoo: Mar 30 2011, 05:16 PM
TSdariofoo
post Mar 31 2011, 08:22 AM

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QUOTE(dtna7 @ Mar 30 2011, 11:53 PM)
shocking.gif
means the lawyer is actually playing bringing me for a ride?  mad.gif

anyway, its the common way of dealing with lawyers nowadays.

customers ask for discounts everytime, so they mark up the things they can while anticipate the client to negotiate  blush.gif

thanks sifu dario notworthy.gif
*
Even if he takes you for a ride he's gonna bill you for that laugh.gif

QUOTE(dtna7 @ Mar 30 2011, 11:53 PM)
anyway, its the common way of dealing with lawyers nowadays.
*
Don't generalise la, chief. Not all are rotten scoundrels. Some are quite honest when cari makan. smile.gif

Anyway, good luck to you nod.gif
TSdariofoo
post Mar 31 2011, 08:30 AM

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drakenkorin:
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Legal fees are alright and according to scale. Bankruptcy search ought to be RM12/pax. Other disbursements are fair and reasonable. At least there's no RM50 for 'Miscellaneous' which lawyers always bill but can never justify apart from saying, 'The SRO [Solicitors' Remuneration Order] allows us to bill RM50 for misc'

laugh.gif

With regard to stamp duty on MOT - you would be entitled to a 50% rebate nod.gif



This post has been edited by dariofoo: Mar 31 2011, 11:26 AM
TSdariofoo
post Mar 31 2011, 08:33 AM

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QUOTE(trickle @ Mar 31 2011, 12:35 AM)
Thank you Dario! Appreciate a lot for the advice.  smile.gif
*
cheers.gif Keep us updated


This post has been edited by dariofoo: Mar 31 2011, 11:26 AM
TSdariofoo
post Mar 31 2011, 03:16 PM

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QUOTE(looprevil @ Mar 31 2011, 02:01 PM)
hi good day, i have some questions on the property ownership transfer procedure. In my case, my parents had a house which is under both me & my sister's name. Recently, my parents decided to buy a new house to put under my sister's name, and the current house transfer to my name. But after contacted the lawyer via phone, he told us that this direct property ownership transfer for this current house cannot be done, unless the current house installment is fully paid or we sell the house.  rclxub.gif  The lawyer ask us to arrange an appointment with him for more details.

need some guidance and advice from professions here, is that really we cannot direct transfer the property ownership?
my thanks in advance  notworthy.gif
*
You can still do a transfer subject to charge - assuming that there's an individual title. The financier may also require you to execute a supplementary agreement whereby you solely undertake to pay the monthly instalments. Diff banks may have diff procedures.

Is it really necessary to change ownership now when essentially (and realistically speaking) the 'owner' of the house is still the bank laugh.gif

This post has been edited by dariofoo: Mar 31 2011, 03:21 PM
TSdariofoo
post Mar 31 2011, 03:27 PM

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QUOTE(hbgoh57 @ Mar 31 2011, 02:33 PM)
Thanks so much Dario.. you have been a great help to many of us who actually do not have much experience. It is easy for some unethical agents and also lawyers to manipulate us. For my case, the lawyer was actually recommended by the agent with the promise of 50% discount on the fee which i guess he eventually would jack up the disbursement to cover the 'loses'....

Anyway my biggest mistake was to hire the lawyer from the agent.. if i would have gone through the post earlier I would have realized how important it is to get the right lawyer.

I have one more query, if lets say the owner actually bought with bumi discount, does he or anyone of us need to pay back the discounted amount since it is sold to a non bumi?
*
It's ok. It's never too late. icon_rolleyes.gif

QUOTE(hbgoh57 @ Mar 31 2011, 02:33 PM)
I have one more query, if lets say the owner actually bought with bumi discount, does he or anyone of us need to pay back the discounted amount since it is sold to a non bumi?
*
Nope. Discount is discount and no one needs to pay smile.gif
TSdariofoo
post Mar 31 2011, 03:27 PM

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QUOTE(drakenkorin @ Mar 31 2011, 01:42 PM)
cool, thanks a lot dariofoo smile.gif
cheers!
*
cheers.gif

Good luck
TSdariofoo
post Apr 1 2011, 10:24 AM

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QUOTE(sansi @ Mar 31 2011, 06:02 PM)
Dario,

» Click to show Spoiler - click again to hide... «

My mistake.It's an individual title.So,any difference? Did they charged me twice?

Clarified with them 2 days back.Transportation fees changed to RM 100 & Misc changed to RM 100 as well.
The total now is RM 1772.
*
If one individual title then only one discharge of charge would be required. Unless there's 2 charges on the property? hmm.gif Can't be...

Misc can only be RM50 maximum la boss. Even RM51 also prohibited. Check out the SRO which I uploaded. If they still don't understand it then point out to them that part of the SRO which says so. doh.gif

This post has been edited by dariofoo: Apr 1 2011, 10:25 AM
TSdariofoo
post Apr 1 2011, 10:27 AM

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QUOTE(xSean @ Apr 1 2011, 10:17 AM)
i really don't know how to explain and very tired keep chasing the farking bank...

my completion date is 6th april and until now still not yet release the first payment to vendor's bank which the bank lawyer advised on 21st march...

the bank lawyer also delay, just waiting for undertaking letter from developer which they request on 21st feb....they only get the letter 16th march...every week i also got ask how...they say waiting letter lar, then on schedule...

this make me frust and give them a high node to them....keep on schedule but now near completion date......i did not delay my payment for them, even the valuation report.

almost 2 weeks, the farking bank still not release which i keep chasing my mortgage agent and don't know why the drawdown dept still pending....usually take 5 working days will release the payment...now 2 weeks already...

yesterday i keep chasing and today also chase...i really don't know who can i fark them except my mortgage agent which she already chase for me...

my s&p lawyer told me that i got 3 more weeks buffer after completion date coz vendor's lawyer delay on redemption letter but still not enough time coz after release first payment, they still need to do second advise to release the final payment and re-assignment...

i really don't know what to do as i cannot chase my lawyer and bank lawyer as now waiting for bank to release as the mortgage agent just cannot do anything but just help me chasing ...
*
If got another 3 weeks after April 6th I think you can make it in time. Keep the faith,mate icon_rolleyes.gif
TSdariofoo
post Apr 1 2011, 03:25 PM

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QUOTE(taysir17 @ Apr 1 2011, 01:24 PM)
when we renovate in a major way,ie we change the structure of the house,do we need the side neighbours approval?
*
You need the approval of the Town/District Council (Majlis Perbandaran/Daerah) first before anything. nod.gif
TSdariofoo
post Apr 2 2011, 02:39 AM

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QUOTE(homeanalyst @ Apr 1 2011, 05:29 PM)
hi.. i would like to know what is the requirements / procedure for a foreigner to buy a property in KL? whats the difference between buying by foreigner and buying by foreigner & local? thks.
*
You would have to comply with FIC guidelines. Took the liberty to download it for you as it is quite lengthy. This one is up to 2008 so there might be some amendments to date. I would suggest calling the relevant authorities whose contact number is right at the end to get further clarification.

Attached File  FIC_Guideline.pdf ( 91.78k ) Number of downloads: 9


Tinkerbel is right about the MM2H thingy, but there are conditions to be fulfilled before one can even apply for MM2H. Once you're in the programme, you do get perks for purchase of property, among others. Here's a read which I came across which might be helpful. There's a contact number as well for further enquiries.

Attached File  mm2h3.pdf ( 81.31k ) Number of downloads: 7


Good luck icon_rolleyes.gif
TSdariofoo
post Apr 2 2011, 02:42 AM

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QUOTE(tls2011 @ Apr 1 2011, 07:35 PM)
Hai

i just got place my fees for a landed house, in the middle of looking for loan from bank
i received a call from the lawyer firm that my S & P is ready to be collect, then only i found out that
the developer have requested me to sign the so called part of the S&P letter and send it to the lawyer to process the S &P
my question is is this acceptable? if any dispute on the S & P, can they change or amend the content? or it is fix for all?

thanks
*
I don't quite follow you, sorry. Are you saying that the developer has not signed it yet but has requested you to do so first?

Well, if you're really concerned, you can:

a) Initial on every single page;
b) Ask the lawyer to make a photocopy of it after you sign it and counter-check it afterwards when you receive the stamped copy.

Hope I understood what you asked correctly. If not, do clarify again and I'll get back to you nod.gif

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TSdariofoo
post Apr 2 2011, 02:44 AM

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QUOTE(joanalooidog @ Apr 1 2011, 10:13 PM)
Hi all, on new property which is still under Master Title, bought from developer, how to know whether its a BUMI lot or NON BUMI lot?
In the S&P? Deed of Mutual? Any written docs? I'd checked mine but can't find. Plz help, tq
*
Developer will have the list, but if you have executed the S&P already and if you're not a bumi - then surely it is not designated as a bumi lot. And vice versa, of course nod.gif

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TSdariofoo
post Apr 2 2011, 02:59 PM

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QUOTE(sansi @ Apr 2 2011, 10:27 AM)
Btw what will happen if this transaction collapse if no letter of offer to purchase involved?
*
There would be 2 charges hence one for each respective discharge of charge. My mistake then for missing that info out. Sorry rolleyes.gif

Are you referring to what would happen before or after execution of the SPA?

If before, then the terms of the letter of offer to purchase would apply. Probably you would forfeit the 2%.

As for after, then it would depend on what is in the SPA itself. Is there such a clause whereby the vendor would have to refund a certain amount of the deposit if the purchaser fails to obtain a loan? If there is none, you would be entitled to forfeit the whole of the deposit upon the expiration of the 3+1 period. nod.gif
TSdariofoo
post Apr 2 2011, 03:07 PM

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QUOTE(areankim @ Apr 2 2011, 06:04 AM)
Bro Dario

I purchase a property with my gf, landed, freehold. S&P and loan under both our name.

Now we are no longer together, and i will be taking care/pay for the house.

What is ur advice in name transfer thing? Can i do a quitclaim deed(she quit)?

Loan still in lock in period. I was she do a quitclaim deed, the loan only refinance once after lock in period. Becos it's very expensive to do it now.
*
You can instruct a lawyer to prepare a deed of trust whereby she states that she is holding half-share of the property as a trustee on your behalf. She would also execute an irrevocable power of attorney, so that once the lock-in period is over, you can execute the relevant documents on her behalf to effect a transfer of ownership/beneficial interest over the property wholly to you. That is what you can do in the interim. nod.gif

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TSdariofoo
post Apr 2 2011, 03:58 PM

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QUOTE(areankim @ Apr 2 2011, 03:29 PM)
Thanks Dario. [sorry for PMed u]

So it will be

1) Deed of Trust, same like quitclaim deed?
2) Power of attorney.

Any idea how much it will cost?
Property Price Rm262k, Landed Free hold.

So, by that means, Loan will be still under both our name. Cos i learn from mortgage agent, changing that will cost a bomb... sad.gif
*
No scaled fees as deed of trust does not come under SRO. So it depends on the law firm.

Yes for the time being loan will still be under both names. Once the lock-in period is over, immediately arrange for refinancing. When individual title is out (assuming that it is not out yet), use the PA to transfer it solely to your name (once the loan has been settled, of course). icon_rolleyes.gif
TSdariofoo
post Apr 2 2011, 03:59 PM

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Off to watch Cricket World Cup final at Sid's. icon_rolleyes.gif

Will answer further queries tmr or latest by monday.

Cheerios icon_rolleyes.gif

smile.gif

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