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TSdariofoo
post Apr 14 2011, 10:44 AM

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QUOTE(ykl @ Apr 14 2011, 10:40 AM)
Hi, thank you very much! May i know is it after i ask them to give a new quote to me only i sign all the agreement? and normally is it when signing agreement time i need to pay the lawyer fee already? and the signing of spa & loan agreement is at the sale office but not in law firm, no different right? hehe... 1st house, a bit nervous for all this, hope wont make me headache after signing all thing...  notworthy.gif  thx again!

Think i understand what you mean for the mark up, but is ok i negotiate again right?    brows.gif
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Agree on fees first, then sign. Once you sign, how can you turn around and disagree with how much to pay them? It'll be too late by then. smile.gif

You better read my other post in relation to your legal fees. Sorry to say, but you're being conned right there as well.

If you do want to pose any further quotations next time please don't mention about discounts. That is between you and your lawyer and it ought to remain that way.

Cheers.

This post has been edited by dariofoo: Apr 14 2011, 10:46 AM
TSdariofoo
post Apr 14 2011, 10:47 AM

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QUOTE(stay_cool @ Apr 14 2011, 10:46 AM)
hi.......dariofoo, thanks 4 ur reply..... notworthy.gif
*
cheers.gif Act fast on it
TSdariofoo
post Apr 14 2011, 11:21 AM

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QUOTE(ykl @ Apr 14 2011, 10:58 AM)
I see i see... got a better understanding on this already, May i know what is SRO? so that mean is a must to charge only 65% right? wont mention regarding discount again, and in fact what they give me is actually a must give of 35%, hmm.... Thx a lot!
*
Solicitors Remuneration Order 2005. Check out the first page of the thread.
TSdariofoo
post Apr 14 2011, 11:21 AM

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QUOTE(surf-it @ Apr 14 2011, 11:14 AM)
Is it normal to have loan facilities lodged caveat? I was told by lawyer that certain bank requires caveat...
*
Yes it is.
TSdariofoo
post Apr 14 2011, 12:15 PM

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QUOTE(ykl @ Apr 14 2011, 12:08 PM)
Hi, just recall am ask to sign a letter like this when place booking fee

i/we confirm that we have been informed by you and that we are aware that the individual documents of title to the property has not been issued by the relevant land office. Pending issuance of individual documents of title to the property, i/we furhter confirm that i/we shall not lodge a private caveat of master land.

Is there anything wrong signing this?
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Nothing wrong as it is always a requirement by the developer that no individual purchaser lodges a private caveat upon the master title as to avoid any hindrance to the developer/proprietor when applying for subdivision later.

It is also to keep the master title 'clean' - imagine if for a condominium project - every single purchaser, let's say 250 of them - each lodges a private caveat upon the property. A title search would result on a printout of around 50-60 pages then! sweat.gif

So do go ahead. No worries. nod.gif
TSdariofoo
post Apr 14 2011, 12:25 PM

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QUOTE(surf-it @ Apr 14 2011, 12:11 PM)
Thanks Dario, you are helpful as always.
*
cheers.gif
TSdariofoo
post Apr 14 2011, 12:59 PM

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QUOTE(surf-it @ Apr 14 2011, 12:18 PM)
Just a quick one, what is "Charge Annexure"?

Under the loan facility agreement there's an entry called: Preparation of Charge Annexure

And under the disbursement there's another called: "Registration of Charge (incl noting fee)"
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Charge annexure - Form 16A - a form of security created over the title in favour of the Bank. When there's a charge, you can't transfer the title unless with the consent of the Chargee [the Bank].
TSdariofoo
post Apr 14 2011, 02:32 PM

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QUOTE(jessy123 @ Apr 14 2011, 01:55 PM)
HI DARIO

The purchaser has agreed to the extension as he also needed more time to get his bank loan..

Once the loans is in place, can the lawyer go ahead and get us the sign the S&P but date it  later ? When would the balance of the 10% deposit be payable then?

Thanks
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You must only sign once the purchaser has done so AND forwarded the cheque for the balance deposit to you. Never before.

Is the purchaser objecting to you being handed the balance deposit right now?
If no objections by all means ask for the cheque to be issued directly to you.

Shouldn't be a problem as the SPA, when dated later, would in any event state that the deposit has been 'hereinbefore paid and accepted by the vendor' (or some phrase to that effect)

..Or is he insisting that you can only have it once the 3 month period is up and the SPA is dated?
In that case, make sure the money is deposited in the law firm's client's account (with proof of clearance of cheque) before you execute the SPA.

icon_rolleyes.gif


TSdariofoo
post Apr 14 2011, 02:34 PM

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QUOTE(Magician @ Apr 14 2011, 01:57 PM)
Hi like to check for my friend

Buying subsale apartment from owner.
Already get bank loan, signed S&P

Usually how long is the process to finish get the house key, bank loan release to owner and house ownership transfer and all settle

The lawyer say need about 3 to 4 month after signed S&P. Is this normal ?
*
Freehold? No need consent? Is it encumbered? So many questions, so little info. I also didn't bring my crystal ball or else I can take a look at it for your friend. smile.gif

Normal would be 3+1 months from date of signing of the SPA.
TSdariofoo
post Apr 14 2011, 02:38 PM

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QUOTE(surf-it @ Apr 14 2011, 02:16 PM)
Dario,

Do you think the following charges are reasonable? Before discount for term loan of 423k (2 titles for one house)

Thanks.

[attachmentid=2155552]
*
Alright. But how come no charges for withdrawal of private caveat? hmm.gif
TSdariofoo
post Apr 14 2011, 03:41 PM

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QUOTE(surf-it @ Apr 14 2011, 03:38 PM)
lawyer said withdrawal is after I have ended the loan. requirements by Hong Leong.
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I wonder why they want the caveat to remain there if there's already a more 'powerful' charge created in their favour. hmm.gif
TSdariofoo
post Apr 14 2011, 03:43 PM

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QUOTE(Seremban_2 @ Apr 14 2011, 03:03 PM)
Agree!!!  nod.gif

Surt-it: Remember to remind the lawyer to amend the bill. Don't keep quiet ya.
          Service Tax 6% not 5%. Ask him to add.
          11) Bankruptcy Search didn't bill you. Remember to ask him to add ya
          14) Too Low, Imagine amount of paper use.
*
laugh.gif You should be Malaysian Bar chairman la, taikor icon_rolleyes.gif
TSdariofoo
post Apr 14 2011, 03:50 PM

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QUOTE(surf-it @ Apr 14 2011, 03:46 PM)
so you mean it's optional then?
*
It's their option, not yours,mate. laugh.gif
TSdariofoo
post Apr 14 2011, 06:19 PM

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QUOTE(babychoya @ Apr 14 2011, 04:57 PM)
Hi Dario,
Normally it takes how long to transfer a master title to a strata title?
My S&P lawyer told me that i need at least 10mths then only can get the key sad.gif
Coz the owner is now in the midst of transfer strata title from the developer.
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Can't the developer undertake to execute a direct transfer in favour of you as the new purchaser? It's done all the time.

Execute S&P already?

10 months is a long time but perhaps your S&P lawyer ought to know better as to how he estimated that 10 months' timeframe.
TSdariofoo
post Apr 15 2011, 10:14 AM

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QUOTE(spanishawk99 @ Apr 14 2011, 07:11 PM)
thanks dariofoo , you are so helpful  , how about the 50% off on stamp duty work ?
*
http://forum.lowyat.net/topic/1748580
TSdariofoo
post Apr 15 2011, 10:19 AM

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QUOTE(ykl @ Apr 14 2011, 07:48 PM)
Hi, may i know is the bankruptcy search for loan agreement is searching who? i kena charge 80 and call up the lawyer say suppose to be 12/pax and she saying that not only search on the borrower only but also the developer la, this and that la... is this true?
*
Bankruptcy search - RM12/pax - you can search online at Jabatan Insolvensi Malaysia website.
Search will be done on you and the proprietor (assuming that the developer does not own the land, and that the land belongs to an individual)

Company search - RM15/search - you can search online at SSM website
Search will be done on developer and proprietor (assuming that developer does not own the land, and that the land belongs to a company)


QUOTE(ykl @ Apr 14 2011, 07:48 PM)
and when i ask for the receipt from her she say cannot la, stamping no receipt la, the troublesome to pass all receipt la, this and that...
*
How can she say like that? Stamping is nominal RM10 and will be reflected on the agreement itself. For others there would be receipts.
Disbursements are for exact costs incurred by the lawyer on your behalf. Any excess (which means that the lawyer overcharged you) ought to be refunded.

QUOTE(ykl @ Apr 14 2011, 07:48 PM)
Just wish to know what is our right? Lawyer also hard to be trusted... aih...
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1. Trust your lawyer
2. Choose another lawyer whom you can trust; OR
3. Do it yourself and trust yourself, of course. smile.gif

icon_rolleyes.gif
TSdariofoo
post Apr 15 2011, 03:54 PM

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QUOTE(extremo @ Apr 15 2011, 12:18 PM)
If u don't trust your lawyer then tell your lawyer that that you will do everything by yourself , i.e

i) land search, caveat search
ii) winding up search, company search
iii) liase with developer and/or proprietor
iv) adjudicate the transfer/deed of assignment online
v) register document at land office
vi) file document at the High Court
vii) affirming documents before  commissioner for oaths
viii) sending & collecting documents yourself
ix) file your tax documents (for selling & buying properties)
x) print the documents

wow, that's only some of it. REMEMBER, cheap things are never good & good things are never cheap, you pay peanuts you get monkeys ....
*
That would be on the surface of things, and is correct to that effect.

However, the rationale for scaled legal fees (i.e. the higher the price, the higher the fees) would be that when you appoint a solicitor to act for you, you are essentially passing the risk of the transaction to the solicitor (hence the rationale for solicitors to purchase professional indemnity insurance). The solicitor bears the risk of everything.

The higher the price of the property - the higher the risk attached to it.

nod.gif

QUOTE(extremo @ Apr 15 2011, 12:18 PM)
REMEMBER, cheap things are never good & good things are never cheap, you pay peanuts you get monkeys ....
*
Sometimes pay in full also the work gets sub-con to 'monkeys' sweat.gif doh.gif

laugh.gif

This post has been edited by dariofoo: Apr 15 2011, 03:54 PM
TSdariofoo
post Apr 15 2011, 10:22 PM

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QUOTE(ykl @ Apr 15 2011, 04:32 PM)
and lastly, the DOA and PA and loan agreement normally is standard right? so many pages see until pening kepala...
*
If you don't read and merely sign, next time when got problem I'm sure the pening kepala will be much bigger and you'll go like this -> doh.gif

laugh.gif
TSdariofoo
post Apr 17 2011, 11:45 AM

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QUOTE(gary_cts @ Apr 17 2011, 11:13 AM)
Hi all,

I wonder if any of you sifus out there can help me or give me a good advise. My wife put down a 2k as a deposit to purchase a condo 1400sq that comes  with 2 car park at cheras perdana around 240k. We are waiting for the developer to arrange for us to sign the s&p and get us a bank to give us the housing loan through their panel lawyer.

Bad news was 2 months later the developer called us up to tell us we have to fork out an extra 11k to purchase a 3rd car park which was not mention to us earlier when we put down our 2k as a deposit. The sales people apologised but said it was their hq decision, nothing can be done.
*
When you signed the booking form and paid the 2k deposit - was it stated that it came with 2 car parks? Or was it silent?
If it was stated clearly, then the developer cannot turn around and demand that you cough up a further 11k for a 3rd car park lot.

The booking form and the 2k paid forms a valid binding contract already. So, what you said about being at a disadvantage as an S&P has not been executed yet is not correct.

Insist on your right to purchase it with the 2 carpark lots as agreed when you made the booking, or else see a lawyer to send them a letter of demand if they do not want to prepare the S&P to reflect that.

Fight for your rights, mate. icon_rolleyes.gif

QUOTE(gary_cts @ Apr 17 2011, 11:13 AM)
I have refer this to my lawyer friend, advised us to go ahead with the purchase as the car park can add value to our property and can also be rent out if not in use.
*
Where's his legal advice? That sounds like investment advice. hmm.gif smile.gif
TSdariofoo
post Apr 19 2011, 10:44 AM

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QUOTE(Eng_Tat @ Apr 18 2011, 05:33 PM)
Hi guys, want to know Registration Transfer - RM1500 this is so expensive? by the way snp is 340k new house from dev.
*
Which land office? Particulars of title? More info needed. Have you asked the lawyer? hmm.gif

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