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TSdariofoo
post Apr 19 2011, 12:32 PM

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Eng Tat:

stamping of snp agreement rm50
Only need 4 copies so it ought to be RM40.

stamping of deed of mutual covenents rm40

stamping transfer rm5816
If the property price is RM340K on the dot, then stamp duty would be RM5800. Is this your first property? If so, you would be entitled for a 50% reduction.

land search rm120
If the solicitor has been appointed by the developer, there is no need for them to do a new search as an initital search on the master title would've been conducted.

registration transfer rm1500
This is quite expensive. Which land office is this? What are the particulars of the title?


swearing of statuory declaration rm60
Ought to be RM30, at the most. Did you ask what it is for?

transport expenses rm120
photostat rm80
misc rm80
Bar Council only allows max RM50 to be billed under Misc.

Total i will have to pay 8036.14

Perhaps you can check with them the above charges and get further clarification from them icon_rolleyes.gif

This post has been edited by dariofoo: Apr 19 2011, 12:32 PM
TSdariofoo
post Apr 19 2011, 03:19 PM

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QUOTE(Eng_Tat @ Apr 19 2011, 01:47 PM)
dario, thanks alot for the reply, the house is rm340 080. btw its from dev umland and house is in seri alam, johor. every land office charges diffrently? thanks


Added on April 19, 2011, 2:12 pmdear Dario i called the pejabat tanah in jb and they say pendaftaran baru in pejabat tanah for new house to owner is rm1500 for house 340k. not sure is the pic kelentong me or not. as i tell her lawyer say you charge 1.5k.
*
Yeah different land offices charge differently. Sorry but if in Johor I'm not sure. But if the land office staff says so then it's probably right.

Worse case scenario you can check the receipt later on to double confirm if you still have doubts nod.gif
TSdariofoo
post Apr 21 2011, 10:31 AM

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QUOTE(spanishawk99 @ Apr 20 2011, 03:40 PM)
hi dariofoo ,

my family has purchase a double storey landed property , have been stayed over 9 years and still have not receive any news on quit rent transfer from developer .

May i know who suppose to in charge of this ? and usually how to its would take ?

Thank you
*
You mean individual title is out, but quit rent is still issued in the name of the developer? Sorry mate I don't get what you mean. hmm.gif
TSdariofoo
post Apr 21 2011, 10:40 AM

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QUOTE(500Kmission @ Apr 20 2011, 09:15 PM)
can anyone tell me whether lawyer license need to renew or not?

how long the lawyer need to renew (i.e. 3 years once or 5 years once)?

If i find the lawyer who use his license with the expire dated on year 2010, do my sales and purchase agreement dated on year 2011, is he doing my SAP without license?

How do i check whether the license is belong to him?
*
All the info you need is at the first post/page of the thread .

There's a link to search if a lawyer has a Practising Certificate for 2011. You can also check if there has been disciplinary proceedings taken out against a particular lawyer.

The 'license' (Practising Certificate) for an advocate and solicitor is called the 'Sijil Annual' and it must be renewed annually.

No Sijil Annual for 2011, not allowed to practise in 2011. sweat.gif

How to check if the license belong to him? Well, the Practising Certificate [PC] is issued under his/her personal name, not the name of the firm, so you can confirm it right there.

Every advocate and solicitor has a registration number, which is the initial letter of their first name, followed by a number.

Like Mr Sam Ting Long of Messrs Sam Ting Long & Co. would be, for example - S/25

If you want to know if Mr Sam has a valid PC for 2011, search for it at the 'Find a Lawyer' link. Only those with valid a PC for 2011 would pop up.

If not, then there's something wrong with Mr Sam Ting Long sweat.gif
TSdariofoo
post Apr 21 2011, 10:44 AM

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QUOTE(Eng_Tat @ Apr 19 2011, 03:31 PM)
Ok, also i called another land office in jb she also say rm1500 for rm340k new house from dev. so i think is correct lor. thanks alot dario.
*
Good job mate cheers.gif
TSdariofoo
post Apr 21 2011, 12:40 PM

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QUOTE(p3nboy @ Apr 21 2011, 12:06 PM)
I need advice on delay in defects rectification(6months instead of 30days) from developer, i did not engage another contractor. What are the options available to me to claim against the developer for the delays and possibly lost of rental income. Thanks.
*
The option was open to you inform the developer's solicitor (or whichever solicitor who is holding the balance sum as stakeholder) that you are appointing your own contractor as the developer failed to rectify the defect within a reasonable time period, and thereafter claim from the said stakeholder the sum which you had paid the contractor.

When you do nothing to act against the delay, you would be deemed to have acquiesced (accepted/consented without protest) to the delay, thus estopping you from claiming any compensation for the delay, or any ancillary losses (like prospective loss of rental income), etc.

Any letters to the developer from your side? nod.gif
TSdariofoo
post Apr 21 2011, 06:01 PM

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QUOTE(p3nboy @ Apr 21 2011, 02:35 PM)
Perhaps I shold have provide more information. The developer concern did complete the rectification, however they took longer(6mths) than the 30days stipulated. In the process, i have sent numerous reminders and 3 inspections(need to fly in from Singapore) in total.

Will I get any result by going to HBA for help or should I engage a lawyer?
*
That makes it clearer. Then you've a better case. Best to consult a lawyer who is well-versed in such matters (be careful not to approach a lawyer who sits on developer panels sweat.gif ) and send a letter of demand to the developer.

Good luck,mate icon_rolleyes.gif
TSdariofoo
post Apr 21 2011, 06:05 PM

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QUOTE(sk2000 @ Apr 21 2011, 03:00 PM)
I had bargin v her to discount from 400 to 200. U think the price is fair?
*
Tell her to knock out the RM300 charges for 'witnessing documents'. She's already billed you for the Discharge of Charge, so why the need to charge for that? doh.gif


QUOTE(sk2000 @ Apr 21 2011, 03:00 PM)
How come our lawyer is not professional enough now a day?
*
That's a very general statement which is unfair. Not all are like that. Can't paint all with one stroke of the brush. There are a lot of honest lawyers out there. Ask for referrals from family and friends next time.


QUOTE(sk2000 @ Apr 21 2011, 03:00 PM)
One more question here : Who should pay the cost for preparation of DMC & stamping (quoted me rm300) ? Vendor or purchaser?

Thanks.
*
DMC? Deed of Mutual Covenants? New one? The purchaser, of course. nod.gif

This post has been edited by dariofoo: Apr 21 2011, 06:07 PM
TSdariofoo
post Apr 21 2011, 06:15 PM

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QUOTE(500Kmission @ Apr 21 2011, 03:06 PM)
dariofoo,

Can a lawyer/firm renew the license if the lawyer/firm receive a disciplinary order from bar council?
*
Sure, as long as he is not suspended or struck off the rolls (disbarred from practice)

QUOTE(500Kmission @ Apr 21 2011, 03:06 PM)
Do you know in what situation, the lawyer will receive a disciplinary order?


There could be hundreds of situations, but basically if the lawyer fails to uphold the best interests of his client, he could be found to be negligent. It differs from case to case. Hard to come up with a definite answer. It could range from merely missing deadlines in a conveyancing matter to the extreme of committing CBT or fraud of client's money in client's account sweat.gif

QUOTE(500Kmission @ Apr 21 2011, 03:06 PM)
If a customer of the lawyer complain the lawyer cheat him or the lawyer has not done his duty to protect buyer, will the bar coucil issue a disciplinary order to the lawyer?
*
Cheating is a very serious accusation which can not only lead to the lawyer being disbarred from practice, but would also entail him to criminal prosecution.

Complaints against lawyers are directed to the Advocates & Solicitors Disciplinary Board, based in Wisma Maran, KL. Once the a complaint is made, there are several steps in which the Board will consider the complaint. It may be dismissed summarily, or it may proceed to the setting up of a Disciplinary Committee - and a hearing would be conducted to hear the complaint on its merits.

The Bar Council would then make an order against the lawyer once the Board has made it's final finding into the complaint and recommend the type of action/punishment to be taken against the lawyer involved.

Each complaint will be considered on its merits and must be backed by sufficient documentation. nod.gif

For more info - check out the Board's site:
http://www.asdb.org.my/

This post has been edited by dariofoo: Apr 21 2011, 06:16 PM
TSdariofoo
post Apr 24 2011, 08:59 PM

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QUOTE(500Kmission @ Apr 21 2011, 08:28 PM)
Thanks for above wonderful answer.

But the link you give to us (i.e. http://www.malaysianbar.org.my/disciplinary_orders/), i dont know how i use it. I try select one person (i.e. Teh Beng Chneah) who has received a disciplinary orders before and search his name on the filter, that is nothing come out.

Please teach us how to check the person whether he has received a disciplinary order or not.
How long disciplinary order record will malaysia bar database will keep (e.g 2 years or 7 years). If the person has received a disciplinary order 10 years ago, where is the other way to search?
*
Try calling Bar Council at the number provided for at the first page. Ask for Membership Department. Give the name and they'll check it for you. They'll have the database from day 1 itself.

TSdariofoo
post Apr 24 2011, 09:04 PM

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QUOTE(MIKIHARANO @ Apr 21 2011, 09:51 PM)
Can somebody advise me what to do..

i bought a lelong condo 2 years ago. everything was running smoothly and no problem with the bank loan.
auction house bank- maybank
my loan banker - also maybank.
should be no problem, right?

but my lawyer has dragged this things for 2 years!
i keep follow up her, but she keep on saying "not yet"
until one day - the unit that i bought - bertampal with "CONDO FOR LELONG'
whaat??
i confront my lawyer - then she terhegeh2 to follow up with auctioner lawyer.
when i call my lawyer to query the status - she off her HP, changed her HP number and refused to provide me her new number.

She even asked me to follow up with auctioner's lawyer myself and do some rayuan since i already pay all the maintainance fee for this unit for 2 years.

what is happening?
i feel like give a full swing punch on her face for dragging me into this kind of misery and headace.

what should i do now?
this issue still not settle.

please advise me what to do...
please..... thank you..
*
That is an unusually long delay!

What you need to do now is this:
1. Prepare a letter directed to the firm - detailing the sequence of events from day 1 and what the lawyer has been doing (eg she off her HP, changed her HP number and refused to provide me her new number.. At the end of the letter, ask for a status update of your file.
2. Go directly to the law firm. Hand over the letter and get an acknowledgement chop;
3. Demand to have a photocopy of all correspondence (surat menyurat) from day 1 to date regarding the whole transaction;
4. Get an explanation from the lawyer as to what is the latest status;
5. If the explanation is not satisfactory, or there's no explanation whatsoever, go see another lawyer who is well-versed in litigation for a legal opinion with a view to file a complaint with the Advocates & Solicitors Disciplinary Board against the lawyer concerned.

* the website of the Board is on the last page of this thread, I think.

Don't delay any further and act fast. icon_rolleyes.gif

This post has been edited by dariofoo: Apr 24 2011, 09:08 PM
TSdariofoo
post Apr 24 2011, 09:09 PM

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QUOTE(MIKIHARANO @ Apr 22 2011, 08:40 AM)
thak you for your reply.
Yes, i already check with bar council - the firm name is available.
I will go to see my lawyer this morning.
i want to punch her!
*
Punching her won't solve the problem. Follow the advice rendered above. Good luck
TSdariofoo
post Apr 24 2011, 09:14 PM

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Whiteminic:

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Land search ought to be RM30-50
Bankruptcy search RM12/pax
Stamp duty on SD is RM10, not 18.
If same solicitor then transport RM180 X 2 = RM360 is quite pricey. Same goes for printing - RM80 x 2 - RM160, and Misc - RM50X2 = RM100. Total for disbursements is RM620.


This post has been edited by dariofoo: Apr 24 2011, 09:18 PM
TSdariofoo
post Apr 24 2011, 09:19 PM

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Humble apologies,

That's as far as I can go tonight. All other queries shall be replied tmr. icon_rolleyes.gif

Dead tired after long outstation trip. sweat.gif

Cheerios. icon_rolleyes.gif
TSdariofoo
post Apr 25 2011, 02:17 PM

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Felice821:
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Can you ask them to double check the calculation of the legal fees for DOA and PA? AFAIK, the fees for DOA and PA would be 10% of the fees for the principal document (ie facilities agreement) - so the RM3327 on legal fees ought to be reduced by 30% under the HDA = RM2328.90.

Therefore, DOA and PA ought to be RM232.89 respectively.

Land search - RM30-50.
CCM search - RM15
Items 12,14,15 adds up to RM450 is pricey, unless you've asked for a you-know-what, so the disbursements would be deliberately marked up smile.gif
TSdariofoo
post Apr 25 2011, 02:24 PM

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Secret Garden:

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If there's title, then why the need for Power of Attorney?

Any legal fees for DOA/Charge etc ought to be calculated after the reduction on the principal agreement - 10% of RM3,338.

Land search - RM30-50.
Bankruptcy search - RM12/pax.

Is there a blanket consent to charge obtained? If so, there's no need for an individual application for consent to charge.

TSdariofoo
post Apr 25 2011, 02:28 PM

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QUOTE(prunes @ Apr 23 2011, 08:44 AM)
I have recently purchased a leasehold apartment. Inside my SPA, it stated the completion date is 90 days after the receive of confirmation letter from developer. The same lawyer is acting on both SPA and LA.

I get to know that completion date should be 3 months in the normal case, and will automatically be extended a month.

My question here is is the 3 months or 90 days period inclusive of public holidays and weekends?
*
Yes it does, so if it's 1st Jan, then 3 months would be 1st April. nod.gif


QUOTE(prunes @ Apr 23 2011, 08:44 AM)
What can I do if the lawyer set the completion date few weeks later than the receive date of the confirmation date?
*
Wouldn't that benefit you as the purchaser as you'd get a longer date to complete the transaction?

QUOTE(prunes @ Apr 23 2011, 08:44 AM)
What can I do if the lawyer trying to delay and not answering my question?
*
Why would he do that? If you're unhappy you can always complain to the A&S Disciplinary Board. nod.gif
TSdariofoo
post Apr 25 2011, 02:30 PM

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QUOTE(echho @ Apr 23 2011, 08:59 PM)
anyone can comment on the risks of paying a 20% deposit? thanks
*
As long as there's proper acknowledgement and documentation in support there ought to be no risks involved.

Just note the sum to be forfeited by the vendor in the event you fail to complete the transaction. Normally the sum would be 10% - ie the deposit. If you've paid 20% you might want to check that deposit is stated as 10% and not 20% - or else your 20% would be forfeited. sweat.gif
TSdariofoo
post Apr 25 2011, 02:37 PM

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QUOTE(MsPopcorn @ Apr 24 2011, 12:02 PM)
May I know the profit tax is charge on early 10% or 90% of payment?
*
You mean the 2% to be retained to pay for CKHT?

That would be retained from the 10%. So the purchaser's solicitor would retain 2% and hand over 8% to the vendor (however, 10% would be deemed to have been paid as deposit)
TSdariofoo
post Apr 25 2011, 02:41 PM

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QUOTE(L7Awesome @ Apr 25 2011, 09:33 AM)
Hi all, I just want to find out something about cancelling rental agreement earlier than the contract (one year).  I am willing to forgo my deposit as I have not fulfill my rental agreement.  I have informed the owner about this.  However, since my agreement is technically still running, is there a form that I can let the owner sign?  I am worry that after I moved out, and if the new tenant do not pay, the new owner can still blame me for it.
*
Yes prepare a simple letter confirming that he's agreeable to the agreement being terminated in advance effective from xxxx date, and that he would forfeit the deposit in lieu and in full satisfaction of unpaid rental (if any).

Also state that he would not have any further claims against you effective from the date of the the letter.

That ought to cover it icon_rolleyes.gif

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