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TSdariofoo
post Apr 11 2011, 11:03 AM

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QUOTE(p4n6 @ Apr 10 2011, 01:35 PM)
For new property:

1. What's the normal practice for SNP signing - before down payment or after?
2. Do I need to hire my own lawyer if the SPA legal fee is beared by developer?
3. What is the general details in the SNP generally that I need to pay attention on?
4. How can a buyer be protected in this case as the buyer doesn't have a lawyer to protect his/her interest?
5. If the content of the SNP is on contradiction to the product catalogue and commitment by the developer, what should the buyer do?
*
1. Concurrently at the time of signing the SPA.
2. No, but some ppl do so to protect their interests, as the lawyer appointed by the developer would be deemed to represent them, and you would be deemed to be unrepresented. So basically legal fees are borne by developer to pay for their own lawyer. In certain situations, however, the lawyer would be stated as representing you, and not the developer.

Even so, as they are paid by the developer and deemed to be one of their 'panel firms' the general situation is that they would be hesitant in being strict or stringent against the developer to further your interest.

That is why some people just fork out a bit of money and appoint their own lawyer. smile.gif

3. Everything is important! smile.gif

4. How can a driver be protected if the driver doesn't wear a seat belt to protect him? Is it a correct analogy? hmm.gif laugh.gif
* Read the earlier posts in this thread for a discussion on your query. smile.gif

5. Don't execute the SPA. Once you execute it then it will be an acceptance of the contract and parties agree to be bound by whatever stated therein. Whatever is not in there, will not be required to be provided for, or complied with, by the developer. nod.gif
TSdariofoo
post Apr 11 2011, 11:21 AM

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QUOTE(propking88 @ Apr 10 2011, 08:06 PM)
Hi, I have a question on leasehold properties without title. Is the state authority consent required if I want to sell this kind of property?
*
Generally, not all leasehold land require the consent of the State Authority to transfer. The important thing is, when doing a land search, is to look for a column which states Sekatan Kepentingan (Restriction in Interest).

If it is stated TIADA, then there is no need to obtain consent.

If it is stated Tanah ini tidak boleh dipindah milik, dipajak atau digadai melainkan dengan kebenaran Pihak Berkuasa Negeri, then you would need to obtain the consent of the State Authority.

QUOTE(propking88 @ Apr 10 2011, 08:06 PM)
Or is the State Authority consent only applicable to those leasehold properties where individual title has already been issued? Thanks.
*
For leasehold properties in Selangor, if it is an individual title for a landed property - then reference has to be made to the title (via a land search) to see if there's any Sekatan Kepentingan as elaborated above. Same rule would apply for a Master Title in cases where strata title for a building has yet to be issued. See what is stated there.

If it is a strata title, then yes, one would have to obtain consent of the State Authority.

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TSdariofoo
post Apr 11 2011, 11:40 AM

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QUOTE(babychoya @ Apr 11 2011, 11:31 AM)
Thanks for the advice.

But I'm not satisfied the service with the lawyer firm. The staff are very rude when talking to me via phone.
Can i cancel the loan with this bank since i have other offer? Did i need to pay any penalty charges to this lawyer firm? But i'm not willing to pay them sad.gif
*
You might as you have executed the letter of offer and the Bank have appointed solicitors to act for you. The solicitors would've prepared the loan docs for your execution as well. So there might be charges from both the Bank and the law firm. I'm not sure how much though. You've to check.

The law firm who is preparing the loan doc for you is one of the Bank's panel law firms appointed by the Bank? hmm.gif
TSdariofoo
post Apr 11 2011, 12:44 PM

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QUOTE(babychoya @ Apr 11 2011, 12:03 PM)
The bank charge me RM200 processing fees. And said i need to bear half of the legal fees...
Ya.. It's appointed by the Bank. But i really not willing to pay them with this kind of services. (When i request the bill, they refuse to give me, so i mentioned that i wont go to sign if you all didnt provide the bill to me. The staff reply me that "Dont want to sign, Dont sign" then hang off my phone) mad.gif  mad.gif  mad.gif  mad.gif  mad.gif
*
You better write a formal letter to the law firm, cc copy to the Bank and Bar Council (Conveyancing Practice Department), stating the chronology of events from start til the end as to what transpired as why you're not willing to pay. Perhaps you can get your SPA lawyer to help you draft it out in a more professional and detailed manner. He might charge you a nominal sum for it. Send it out by hand and get an acknowledgement. Do it immediately without any further delay. icon_rolleyes.gif
TSdariofoo
post Apr 11 2011, 01:37 PM

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QUOTE(static @ Apr 11 2011, 01:13 PM)
Thanks for the input. I have contacted my landlord today, and still no reply. It has been 3 days (including today) that he's taken the keys/cards and without returning my full deposit (only 1k out of 4k). How long can he delay it till I take further action? When I call him, he keeps saying he's in a meeting and call me back.

I've taken the precaution that, I found his Facebook, and I know where he works (he sent me emails from his work email) and i have some contacts working in his corporation - just in case he tries to be funny.

Thank you!
*
While the law of limitation gives you 6 years to initiate legal proceedings, you should start immediately to assert your rights. Don't wait. It's obvious that he's trying to evade you.
TSdariofoo
post Apr 11 2011, 03:13 PM

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QUOTE(davidtron @ Apr 11 2011, 02:11 PM)
Dear Dario,

I just sold my aprtment for RM245k and received a 2% deposit directly from the buyer and not thru agent. Received a call from my buyer asking me whether in the S&P which will be draft by her lawyer to state the selling price to RM220k in order to qualify for the 1st housing scheme. She said not to worry as the selling price still RM243k and will paid me the full amount of balance. Should i go for a legal document for this issue to protect myself?
*
Sure. Just make sure that RM25K shortfall is paid to you together with the balance deposit on the day of execution of the SPA. Not a minute later as they can turn around and say that you agreed to sell it for RM220K.

Their lawyer ought to know how to draft a letter to incorporate the RM25K into the picture. That ought to be handed over to you together with the RM20K.

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TSdariofoo
post Apr 12 2011, 09:59 AM

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QUOTE(davidtron @ Apr 11 2011, 04:53 PM)
Dear Dario,

Thank you so much for the information. Appreciate your help and advice
*
cheers.gif
TSdariofoo
post Apr 12 2011, 10:07 AM

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QUOTE(jessy123 @ Apr 11 2011, 08:42 PM)
Hi Dario

My cousin is selling her condo to a foreigner for RM450k but since the min price of a property that a foreigner can buy is RM500k, the S&P will reflect
RM500k instead (actual selling price is RM450k). its a freehold property and it wont be subjected to RGPT. Title is out already...

My question - are there any issues that she should be mindful about ? she intends to use the buyer's lawyer for the transaction.
*
No issues. The lawyer would prepare a letter of acknowledgement stating that you've acknowledged receipt of the RM50K in advance prior/concurrently with the execution of the S&P.


QUOTE(jessy123 @ Apr 11 2011, 08:42 PM)
My second question relates to a landed prop that i am selling and the s&P is due to be signed within 14 days. 2% deposit has been paid to the agent.
However, I would like to delay the signing of the S&P for another 3 months ..if the buyer is agreeable to this, what are the issues i should be aware as a
seller and would it be ok to just get the agent to get this in writing from the buyer?

Thanking you in advance...
Jess
*
You might be in a fix if the purchaser does not want to allow the deferment. What does the letter of offer to sell state if the vendor does not comply with the terms, i.e execute an SPA within 14 days? Return the deposit? Return the deposit plus a sum equivalent to the deposit as compensation? Watch out for that.

If the purchaser is ok with it, he or the agent can prepare a letter extending the time to comply with the terms of the letter of offer to sell. That's all that is needed.

Some purchasers would be ok with a delay provided that the price is locked in and confirmed.

TSdariofoo
post Apr 12 2011, 10:09 AM

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QUOTE(Ash1988 @ Apr 11 2011, 10:46 PM)
Hi Dario,

I wanted to buy a condo from my relative but problem is she is not in Malaysia, migrated to U.K. Is that possible the S&P agreement can be sent over there for signing?
Any issue here?

Thanks
*
Can. It will be executed before a Notary Public at the Malaysian Embassy/Consulate in the UK. icon_rolleyes.gif
TSdariofoo
post Apr 12 2011, 01:35 PM

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tankv22:

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Service tax is 6% only, but I think that's a typo coz the calculation is correct.

Adjudication is free. No more RM10.
Bankruptcy search is RM12 per pax.
Stamp duty on SPA is RM10 per copy - so how come RM40 for 3? rclxub.gif

Stat declaration stamping is only RM10.
Land search is only RM30-50.
Why other disbursements total RM500? So high rclxub.gif

Discount on legal fees are not allowed but discount on disbursements are allowed nod.gif

This post has been edited by dariofoo: Apr 12 2011, 02:00 PM
TSdariofoo
post Apr 12 2011, 04:53 PM

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QUOTE(tankv22 @ Apr 12 2011, 03:08 PM)
Hi dario,

Thanks for your help! Appreciate that. What is the normal disbursement cost?
*
Normal differs from law firm to law firm. Very subjective. smile.gif
TSdariofoo
post Apr 13 2011, 10:27 AM

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QUOTE(tls2011 @ Apr 12 2011, 06:00 PM)

Added on April 7, 2011, 6:53 pm
hai dario

1) i found out that my landed property, leasehold is under master title and not the individual title,
is this legal for developer to do so?

2) i heard that it will took years to get the individual tiltle, is this true?

3) what is the process to get the individual title?how much it will cost me?

4) what will happen if in future i'm going to sell this house?

5) How about the MOT, when should i pay for it? cry.gif
Hai dario

can you assist me on the above?
*
Already answered you at post #972. Check it out icon_rolleyes.gif
TSdariofoo
post Apr 13 2011, 10:30 AM

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QUOTE(tishaban @ Apr 13 2011, 08:28 AM)
Hi dario,

Question on CKHT 3 and tax exemption. I'm the vendor and I'm applying for my one time exemption. Is the normal process for the purchaser's solicitor keep the 2% until they receive the CKHT 1A + 3? I want to trust my appointed solicitor but I want to be prudent and get a second opinion as well since it's my first time selling a property.

The property in question is under construction with key handover expected sometime in the second half of 2011.

TIA
*
Your lawyer ought to confirm in writing to the purchaser's lawyer stating that you intend to use your exemption, and as such, they would release the full balance 8% deposit to you. There is no need to wait for the CKHT 3 as there's already confirmation in writing by your solicitors. icon_rolleyes.gif
TSdariofoo
post Apr 14 2011, 10:12 AM

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QUOTE(stay_cool @ Apr 13 2011, 02:25 PM)
Hi....dariofoo

I had place for deposit for my house recently & looking for bank loan now
this banker was drag me for more than 1 mth
then i try call the banker see what is the problem
banker only tell me is bcoz of the development order by the developer
means developer still havent got the DO from relevant authority
now my deposit was hold by them (i cant remember my cheque issue to developer or lawyer)
no matter how, without the approval of the DO, can the developer take our deposit?
if cant, can i withdraw & ask them fully refund my deposit? since they hold me long & i think to buy other property

thank u  notworthy.gif
*
They must've not expected the DO to be delayed, and had put the cart before the horse. Ask the Bank to issue you a letter rejecting your application for a loan. Take the letter, go back to the developer's office and demand a refund, failing which you will appoint a lawyer to issue a letter of demand to them. That ought to work. icon_rolleyes.gif
TSdariofoo
post Apr 14 2011, 10:13 AM

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QUOTE(static @ Apr 13 2011, 04:41 PM)
I finally received a cheque, but it was dated for 3 days later, and I would need to wait till this Saturday to deposit it. And he deducted RM100 from my deposit for ruining the water heater, but it was internal wiring issue and we had already informed him in writing (email) before the switch blew up - he blamed us. Then took him 1 week plus to fix the heater. Personally, he is trying to manipulate me. The lease was under my partner's name and due to unforeseen circumstances, we had to leave the country earlier than expected and hence, we moved out 1 week earlier, but paid the rent in full and fulfilled the lease requirement as well (1 yr tenancy). Apartment was left cleaner compared when we moved in.

- Old CRT tv, half broken, takes up lots of space and bad reception - we hardly use it
- mostly cheap and second hand furniture, easily breakable (broke one table, the leg came off one day while moving it. The remaining 3 legs are flimsy so we didnt use it)
- stained kitchen top when we moved in, blamed us when we moved out.
- promised a hot plate, but bought induction cooker (RM99 only, the price was still on it) and caused us to buy new kitchenwares (he provided cheap kitchenwares and could not use with induction)
- mouldy bathroom when moved in.
- broken aircond when moved in, fixed 3 times in 6 months.
- fridge will need to be defrost every month or else the door cant be closed

Worst landlord smile.gif
*
It's ok,mate. At least he refunded the deposit. Take it as an experience. What doesn't kill you only makes you stronger biggrin.gif

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TSdariofoo
post Apr 14 2011, 10:19 AM

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ykl:

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stamp duty on letter of offer & statutory declaration - 35
RM10 per document

land search - 60
RM30-50

bankruptcy search - 80
RM12/pax

purchased of loan document - 200
check with Bank to see actual price as it differs from RM100-200+.

printing,photocopy,fax,courier,telephone,postage charge- 100
transportation to stamp office,land office,developer, bank - 200
misc - 50
Total is RM350 which is quite high as you're appointing the same law firm to handle the SPA and for the SPA quote they would've charged you about the same - thus making it RM700 total.

But there's a reason why they mark everything up - because at the end of the day, the house always wins.

Hope you catch my drift. laugh.gif
* If not, read the earlier posts of this thread. smile.gif

Good luck. icon_rolleyes.gif
TSdariofoo
post Apr 14 2011, 10:22 AM

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QUOTE(sk2000 @ Apr 13 2011, 02:29 PM)
Hi, dariofoo.

My lawyer quoted me the followings legal fees as I had sold my condo at 840k.

1) Discharge of charge rm300
2) Witnessing of documents rm300
3) Disbursements rm400
4) CKHT submission rm300

Service tax 6%

As a vendor who tumpang seller's lawyer, is this quotation ok?
Please advice.
Thanks.
*
Witnessing of documents RM300 is male-cow manure! doh.gif
Why disbursements RM400???? I'm screaming bl**dy murder here! bruce.gif
laugh.gif
TSdariofoo
post Apr 14 2011, 10:22 AM

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QUOTE(surf-it @ Apr 13 2011, 05:14 PM)
500k subsale property, roughly what's the rate for SPA, and LOAN all in?

Thanks.
*
You can use the calculator at the first page of this thread. nod.gif
TSdariofoo
post Apr 14 2011, 10:36 AM

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QUOTE(ykl @ Apr 13 2011, 05:43 PM)
Haha  biggrin.gif  ya, you still hutang me this answer...

This is the quote i get from lawyer for The loan amount of 539820 leasehold terrace house buy from developer(SPA free), the lawyer is same for both S&P and loan, is this reasonable?

professional fee:
facilities agreement 4251 with some disc become -2763.15
DOA -276.32
PA -276.32
gov tax -198.95

total: 3514.73
*
Under the SRO, the lawyer can only charge you 65% of the total scaled fees as this is a purchase direct from a developer whunder the HDA 1966.

As it is, the scaled fees for RM539820 loan is rm4229.00, so the sum of RM4251 itself is wrong and you're being overcharged.

65% of the scaled fees would be RM2749 - which is even less than the you-know-what which the lawyer is purportedly offering you.

laugh.gif

TSdariofoo
post Apr 14 2011, 10:40 AM

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spanishhawk99:
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*land search - 90
RM30-50

*bankruptcy search - 30
RM12/pax

*purchase of loan documentation (estimated) - 150
Check with bank


Misc is RM50 max!

If same solicitor how come total for:
*transport & courier - 250
*printing charges and postage - 200
*telephone & facsimile - 150
*misc - 100

plus:
* misc charges - 50
(photocopy , fax , telephone , posting , correspondence etc )
*transport charges - 50

......RM800! sweat.gif



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