Dear Mr Lawyer (whoever our fren here who can help me with the advise ),

I bought a house last year and almost settle everything, now the seller lawyer called me up asking me for a copy of assessment receipt and when i provided, there's an outstanding amount (the owner didn't pay for dunno how many years).

The lawyer asking me to pay for the amount, for at least the amount since i rent the house (whole year of 2010).

Isn't the owner of the house need to pay for the fee?

Thanks in advance.

you only pay the pro-rata payment. means the time you occupying the place only. other than that you can demand the seller to pay. you can search a clause in the SPA (APPORTIONMENT OF LAWFUL OUTGOINGS) which states the portion that you have to pay and the portion that the previous Vendor has to pay.

correct me if am wrong my fellor friends.

Thanks mate..

If there any difficulties, if the owener is planning to migrate during the process of transfering ownership, like snp?

I affraid if any outstanding amt, i have to paid but indeed seller should paid - in case we cant find him.

fyi, i mean migrate to other country.

This post has been edited by g00glesYYl: Jan 27 2011, 11:18 AM

then you ask your lawyer to write to the seller lawyer to retain sufficient sum to pay the amount of assessment, quit rent, water and electricity bills, indah water, maintenance charges etc etc.....cos thats what they should pay....

OK, i will take note on this.

Just fyi to all : our bro inhouse consultant is busy currently and may be back by the weekend. So, just be patient for the moment. Thanks !

Property Price = RM275k

SPA = RM7,993.75
Loan Agreement = RM4,529.13
MOT = RM4,500.00

roughly around rm17k
since this is my first property got discount 50% rite?
so for lawyer part need to standby around rm8,500?
correct me if im wrong. thanks

Well, for the S&P part, you should wait till dario comes back from Gotham City for a full discussion...But, for my input, I'd say everything in the agreement should be looked at and are equally as important.

For stamp duty of the S&P, it is the same as when you purchase a residential property, and you have to pay the full amount for S&P.

Legal fee for loan and S&P is calculated as... 1% for the 1st 100,000 , 0.7% for the next 850,000 and 0.6% for the next 2,000,000.

MOT, for every RM100 or part thereof, is RM1 for the 1st 100,000. RM2 for the next 400,000 and RM3 for whatever after that.

My 2 cents however, is hire a lawyer to look at the agreement. Have him to explain to you over and over whatever you do not understand. That's why you are paying the lawyer. Don't sign blindly.

oic.. dario is professional in s&p? when he is coming back?

if for the property i put my wife name and i me is the borrower for the loan

is there any diff if i put property with mywife and my name? and also for the loan?

heard that it iwll be cheaper if put both name? is that right?

Dario? well, you can read the earlier posts... he will be back this weekend.

No, I'm quite certain that even if you have 3 joint purchasers of the property, it won't be any cheaper...

But, if anyone has any knowledge on this, please do inform

I feel like the bear who just arrived home to find not one but a few Goldilocks sleeping in my bed

sorry mr. bear, i'll give you back your bed...

I think what you mean is the procedure to draw up a will. Correct me if i'm wrong.

A will is a very easy document to prepare. You can do it by yourself, but it would be advisable to appoint a lawyer or a professional will-writer to prepare it for you. It is not expensive and it will spare your loved ones a lot of hassle in the future.

Let's say you bequeth your property to a beneficiary in your will.

Upon your death, the executor appointed in your will would appoint a lawyer to apply for a grant of probate in Court to distribute all your assets according to your wishes in your will.

Your executor would be authorised (via the grant of probate) to execute a MOT in favour of the beneficiary, thus completing the transfer.

Quite straightforward.

You cannot do an 'automated transfer', however. You have to follow the above steps.

The procedure of purchasing a shop lot is no different from purchasing a residential property.

You question is way too general for me to answer,bro. Can I humbly suggest that you appoint a lawyer to prepare your S&P, explain its contents to you and run the whole show for you. That's what you're paying the lawyer for anyway.

You can check the earlier posts for the link to websites to calculate your legal fees and stamp duty. It is scaled according to the price of the property which you intend to purchase.

If later you have any specific queries, do come back here and ask.

Thanks Hansel

How's things with the purchasers? Have they appointed a lawyer to send a love letter to the developer to kick start things?

You should request the lawyer to give you an itemised quotation so that I can dissect it and advise you better. If you look at the earlier posts in this thread that is how I do it. Better. This is too general and is difficult to advise you.

The discount is on the stamp duty only and not the whole transaction. Yes you are entitled to a 50% discount on the stamp duty payable

Cheaper only in the sense if you and your wife split the legal fees and go Dutch

No difference otherwise.

Hi Bro,... welcome back to the sifu, many people have missed you and your great words,..

I heard that those purchasers who took back their houses and completed on their own, they are currently discussing with some lawyers. They've been getting mixed opinions. Some lawyers said these folks may need to fork out the outstanding 20% because it seems the landowners have a lot of powers - don't know what it means by that,..

Others said no need to, since the dev/landowners have surrendered back the properties officially and the owners have taken out their own money to complete up to CF stage, it doesn't make sense to pay the last 20% anymore. There is no work done to warrant the last 20% to be paid to the dev.

What sez you, bro ??

http://www.theborneopost.com/?p=90564