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TSdariofoo
post May 22 2011, 04:20 PM

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You did not mention the purchase price and loan sum but it's ok - you can check both using the calculator on the first page.

Deed of mutual covenants for RM200?
Miscellaneous for RM100?
Download the SRO on the first page and ask the lawyer to justify both charges.

You also did not mention whether it's the same lawyer. doh.gif

Adjudication fee 10.00
* It's free as it's online these days.

Land search fees 90.00
* RM30-50/seach

Bankruptcy search 50.00
* RM12/pax. No need to do twice if same lawyer.

Affirming & Stamping SD 50.00
* RM4/affirm per doc and stamping RM10/copy.

Postage/courier/telephone 50.00
Travelling 200.00

* X2 = RM500 which is ex if same lawyer.

The above advice is always subject to a caveat - if you had asked for a rebate, the disbursements would've been deliberately been marked up to make up for the deficit.

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TSdariofoo
post May 23 2011, 01:52 AM

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QUOTE(Seremban_2 @ May 22 2011, 04:46 PM)
The lawyer forgot to charge in Power of Attorney : RM 378-90. Tang: Remember to ask him to add.  icon_rolleyes.gif
*
Why the need for PA when there's individual title and there will be a charge entered as opposed to a DOA? hmm.gif
TSdariofoo
post May 23 2011, 04:18 PM

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QUOTE(Seremban_2 @ May 23 2011, 10:48 AM)
I don't know, and will find it out later. I just know about clerk work like how to do, stages and normally bank require PA.
What I see like all HSBC cases definately have a PA no matter with/without strata title and landed or non landed.  smile.gif
*
How did you know that it was HSBC when it was never mentioned? sweat.gif
TSdariofoo
post May 23 2011, 04:19 PM

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QUOTE(xSean @ May 23 2011, 08:53 AM)
dariofoo,

thanks for the advise all the while and i just got the keys last few days ago....

but i'm not yet receive the DOA (Deed of Assignment) and my s&p lawyer told me that it need 1-2 months for ldhn to stamping and check valution again...

may i know is this correct sop that i will get the DOA later?
*
Yep.

Did you end up paying late penalty interest?
TSdariofoo
post May 24 2011, 02:27 PM

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QUOTE(dexterhau @ May 24 2011, 10:29 AM)
Dariofoo,

Wanted to ask whether anyone know any lawyer that offer witness service?

The scenario is like that, both SPA and MOT have been signed by the vendor and the purchaser but purchaser witness is yet to be signed. Anyone can help me on this?

Thank you.
*
No lawyer who is a professional would attest the signature of a signatory of which he did not have sight of.

My opinion is that it would be proper if parties execute it again, this time before a lawyer in attendance.

alternatively, you can also open a thread in the open forum and ask for recommendations. nod.gif
TSdariofoo
post May 25 2011, 10:26 PM

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Stamp duty for memorandum of charge RM40.00
* RM30 - as only 3 copies

Stamp duty for Statutory declaration RM50.00
* RM10/copy

Registration for consent to charge RM30.00
* hmm.gif

Land search RM90.00
*RM30-50

Affirmation on statutory declaration RM30.00 & Affirmation on SD on private caveat/consent to charge RM24.00
*RM4/affirmation

Bankruptcy search RM50.00
*RM12/pax

Caveator consent RM30.00
* hmm.gif

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TSdariofoo
post May 25 2011, 10:39 PM

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QUOTE(nujikabane @ May 25 2011, 06:55 PM)
Hello dear lawyers smile.gif

I am planning to purchase a unit of low cost flat.
My concern is, what do I need to look at before purchasing the unit ?

To be specific :

[1] Do I need to settle the remaining balance of the loan taken by the previous owner ?

[2] Other misc charges incurred by the previous owner, e.g maintenance fee, sinking fund, etc. Do I need to take up the obligation to settle it ?

[3] The CF matter. If the unit does not have CF, can the previous owner sell the unit to me?

Please clarify, thanks.
*
[1] Do I need to settle the remaining balance of the loan taken by the previous owner ?
Yes, it is called redemption - whereby part of your loan would be used to settle the balance of the vendor's loan first.


[2] Other misc charges incurred by the previous owner, e.g maintenance fee, sinking fund, etc. Do I need to take up the obligation to settle it ?
No, it would have to be settled by the vendor and he has to produce the receipt for same. All outgoings like assessment, quit rent would be pro-rated at the time of completion of the SPA, although some vendors don't normally make an issue out of it as the amount is negligible.

[3] The CF matter. If the unit does not have CF, can the previous owner sell the unit to me?
If the unit does not have CF, how did the previous owner even take vacant possession of it in the first place? hmm.gif
I don't think it arises, so no worries.

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TSdariofoo
post May 26 2011, 11:14 AM

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QUOTE(nujikabane @ May 25 2011, 11:46 PM)
Thanks for the reply.
Unfortunately I got different answers for the first question.
So the question still remain, do I need to pay for the outstanding balance of the loan taken by the previous owner?
To be more precise, I am buying the unit from the previous owner, and not from auction.

Anyways, should the case be that I have to pay the outstanding amount from the loan, how is it calculated ?

E.g
Oustanding loan is RM30k
Asking price is RM50k

So does that mean that I have to redeem the RM30k for the outstanding, and the remaining (RM50k-RM30k = RM20k) will be given to the owner ?

Or do I give the asking price (RM50k) to the owner and it is his obligation to pay the outstanding loan to the bank ?
*
Where's the different answer? Definitely not in this thread. hmm.gif

The answer remains the same.

You're purchasing by way of cash? Then, as soon as his bank gives you the redemption statement cum undertaking - you can release the RM30K direct to the bank. Once the bank receives the money, all original security documents would be handed over to you by the bank.

Assuming there's title - you would then do as follows:

1. discharge the charge over the property;
2. remove the caveat which you had earlier lodged over the property;
3. present the MOT for registration to effect a transfer of title from the vendor to you.

Once the MOT has been presented and there is an official receipt issued - you can release the balance RM20K to the vendor.

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TSdariofoo
post May 26 2011, 11:22 AM

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QUOTE(yeapsc73 @ May 26 2011, 12:17 AM)
hi my dear lawyer, i have a problem here hope that u can give me some suggestion

recently i have bought a unit at casa subang but not sign s & p yet because there is a dispute on the inventory list, the story is as follow

1) the unit is with grr, in the original s & p by previous owner (the vendor now) and developer,  it is stated that the unit come with 2 unit aircond

2) the unit is lease back to management, and the management subsequently rent it out to college, and the two unit aircond is taken out because student mah can't enjoy aircond loh

3) the agreement is that upon expiry of the grr period, the management will put back the aircond and handover to the owner

4) the problem is, the vendor lawyer argue that the aircond is not in the unit currently so should not be included in the inventory list, maybe this is a fair argument (or not???)

5) my question is, what is the best way to go about it and so that the aircond will be installed back by the management? my worry is that if i don't put the aircond unit in the inventory list, the aircond will be gone because i don't have any agreement/contract with the management (hmmm maybe there is one, i'm not sure, because there is a option agreement between the vendor and the management for the GRR leasing agreement, where stated that upon expiry of the term, the unit shall be handed back to the owner in goodr tenantable condition, by having a deed of novation, isn't that all the right shall transfer to me from the vendor)

so, anything i should do or just let it be? or maybe get the vendor to obtain a undertaking/guarantee letter from the management to acknowledge that the aircond is taken and will be reinstalled back.(dunno whether the management is willing to write or not)
helppppp...
*
Simple situation.

Original SPA states that the property comes with 2 units air-cond - so you're covered there already.

3) the agreement is that upon expiry of the grr period, the management will put back the aircond and handover to the owner

What do you mean by the agreement? Is there an agreement verifying this? If so, you're covered again.

So, the vendor has to include it in the sale. However, if you sign the SPA to state that you're buying it on an 'as-is-where-is' basis, then you've waived your rights to claim for the 2 units. That is why the vendor's lawyer states that it is not in the unit - he wants to sell it on an 'as-is-where-is' basis

If you do not agree with 'as-is-where-is', then you have the right to not proceed to buy the unit.

Much ado over such a small matter. The question you need to ask is whether it is worth the hassle, and then make an informed decision.

Good luck.

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TSdariofoo
post May 26 2011, 11:26 AM

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QUOTE(me_mbh @ May 26 2011, 06:27 AM)
hi there,

unsure if i've gt the right place but i wish to ask the lawyers here.

currently i am a malaysian but working oversea. i had already declared a Cp21 leaver in my income tax for malaysia. however, i had the intention of buying property back here in malaysia.

my query is; is there any deviation from the usual procedure? i.e. do i need to pay for the RPGT ( or able to get an exemption) and for the CKHT form 2; any problem since my income tax is considered as not active since already declare to left malaysia?

Is there any others info that i need to take note? btw, this is my first prop in here.

Thanks in advance for the heads up
*
CP21 is only for your employer to indicate that you have left the country. It does not mean that your tax file has been closed. You would still use the same Tax Reference Number.

But since you're buying the property - the issue of paying RPGT does not arise. You only pay when you sell, not when you buy. You would still need to submit the CKHT 2A form, but that would be for the Inland Revenue Board's reference only.

Being a foreigner, you may need to obtain the consent of the FIC before you can purchase any property. When you appoint a lawyer to handle your SPA, he can advise you further on the rigmarole of same. nod.gif

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TSdariofoo
post May 26 2011, 11:34 AM

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QUOTE(p3nboy @ May 26 2011, 11:19 AM)
I sold a property to an individual recently but have not sign SPA. Buyer's lawyer just inform me that the buyer wish to purchase under the company's name. Does it affect me in anyway?
*
No problem. Your lawyer would request for a copy of the board resolution to buy the property, a copy of the MA and AA of the company, and the Form 24 and Form 49. Just to double-check.

The rest is same procedure as if the purchaser is an individual. icon_rolleyes.gif

This post has been edited by dariofoo: May 26 2011, 11:41 AM
TSdariofoo
post May 26 2011, 02:25 PM

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QUOTE(me_mbh @ May 26 2011, 01:20 PM)
Hi Dario,

thanks lot for the reply  smile.gif

however; one of ur remark puzzles me. "Being a foreigner". Is my status now considered a foreigner since i am working oversea and not contributing to malaysia's taxation?  rclxub.gif
*
Alamak sorry my dear friend! doh.gif

I read through your post too fast and I didn't realised that you stated that you're a Malaysian! Humble apologies and no offence meant. notworthy.gif

No need FIC consent. You're good to go! laugh.gif
TSdariofoo
post May 26 2011, 02:27 PM

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QUOTE(lalachong @ May 26 2011, 01:28 PM)
hi lawyer-lawyer,

need your advice on this matter.

Last year I have sold the house to new buyer (NB).
NB bank only settled with my outstanding loan to bank in March, haven't paid me in full until now.

Is the house belong to new buyer or still me?

Reason is because my new house is not ready yet, and i can only shift in July... Now NB want to ask for rental, but I do not agree that i have to pay rental start from the date NB Bank settled with my bank (March).. I am willing to pay only when full disbursement is made (dunno when?).

Is this the right way?

thanks.
*
He's trying to con you? He's only considered the owner of the property once the full purchase price has been paid to you. That is the usual practice. So no need to pay rental to him until your receive the full purchase price, and you decide to stay on and rent it from him in the interim til July.

Unless your agreement states otherwise. Check the agreement or confirm this with your lawyer.

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TSdariofoo
post May 26 2011, 02:30 PM

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QUOTE(nujikabane @ May 26 2011, 02:06 PM)
Your answer is like a light in the sky, it sure does make me confident of purchasing my first property.
*
Wa lan eh what a compliment la brother. No one has ever said that before. I feel like crying. cry.gif [tears of joy, of course]

Can I use that as my siggy? laugh.gif


QUOTE(nujikabane @ May 26 2011, 02:06 PM)
Anyway, let's assume that the seller's quoted price is less than his outstanding balance,
does that mean that I have to fork out more to settle his loan, and that he gets no cash for the sales?
*
No boss, the vendor has to fork out his own money to pay for the deficit. It's called the Top Up Sum. You need only pay the purchase price towards the redemption. In such cases, there won't be any balance purchase price at the end of the day lor.

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TSdariofoo
post May 27 2011, 10:15 AM

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QUOTE(cutealex @ May 26 2011, 11:46 PM)
Bro dariofoo ,

really need your advice here...

actually we (i & my law firm) pending for CTC title to submit our Consent application to Land office Kuala Lumpur... however, due to this property recently just converted from Master Title to Strata title... and my law firm claim they have submit for the CTC title request since April 2011 until now...then last week my law firm check with the Land officer...

the officer said the title is now under ' binding' stage... then ask about when can it complete... then officer like give uncertain answer " Tak tahu, tak tentu ... ada yang 1 tahun'....

please advice how we go about it? now we are stuck in the CTC title stage about 2 months and somemore we not even submit for Consent applications... i have check with Developer, Developer also wont let out or borrow their copy of title because Developer do not wan to take the risk in case the title missing...

please advice what can i do now? any alternative?

thanks for your advance or you can PM me... Really appreciate it nod.gif
*
Actually your lawyer can write to the developer and request for their copy with an undertaking to return same in order. Other than that I can't think of anything else but to wait for the Land Office.

Perhaps you can instruct your lawyer to fix an appointment with the Registrar at the Land Office and see if he/she can help out.

This post has been edited by dariofoo: May 27 2011, 10:16 AM
TSdariofoo
post May 27 2011, 11:12 PM

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QUOTE(KeMeZ @ May 27 2011, 10:16 PM)
Hi Dariofoo,

I am trying to buy a landed property in from a very nice malay man.
Note that the property he purchased is not a bumi property ( he did not take the 7% discount ) However the consent seems to have been declined from the goverment and a appeal is optional.

I am new to this and do not know what do next.

Thanks!
*
You just have to wait for the appeal. If the appeal is not allowed, there ought to be a clause in your agreement which requires the vendor to refund you your deposit.
TSdariofoo
post May 27 2011, 11:24 PM

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QUOTE(pigletbb @ May 27 2011, 10:38 PM)
Hi there:

This is a question about property ownership. My girlfriend's parent has a house registered under their name (Father + mother). Her mother passed away a month ago and now their family is thinking transfer the ownership to my girlfriend/family (landed terrace house). My question is does this involves ownership transfer - from a joint ownership to 1 only the other one has passed away? How should they proceed. I would also greatly appreciate if any one of you here can share your knowledge on this topic.

Thanks in advanced.
*
Did the mother leave a will behind? If got will then it depends on what is stated there. If no will, then need to appoint a lawyer - prepare a deed of family arrangement followed by application to court for letters of administration for an administrator to 'manage' all her assets according to the deed of family arrangement.
TSdariofoo
post May 28 2011, 06:42 PM

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QUOTE(pigletbb @ May 28 2011, 01:07 AM)
Hi,

Thanks for respond. Unfortunately no will was made by her mother sad.gif

Usually how long the progress will take?

Thanks.
*
Depends on the co-operation between the family members and at the end of the day, how good your lawyer is nod.gif
TSdariofoo
post May 28 2011, 06:46 PM

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QUOTE(abgkik @ May 28 2011, 06:11 PM)
To Bro Dariofoo/Any Expert.. require your advise..

My fiends (Bumi) would like to buy one leasehold condo at Damansara Perdana (Non Bumi Quota). However according to some peoples, upon he own that property, its impossible for him to sell to non bumi, due to fail on approval of State Authority consent. Is it true?
*
I doubt if once a Bumi purchases a non-Bumi lot, it automatically becomes a Bumi lot, although it is now owned by a Bumi. Most of the time, the Bumi lots are already marked and identified by the developer and stated clearly. I'm not 100% sure on this but perhaps he can check with the developer's office before confirming his purchase.

QUOTE(abgkik @ May 28 2011, 06:11 PM)
Other question,
Is all leasehold and freehold condominiums require State Authority consent? or only certain property? If only certain property require State Authority consent, how we can check this?
*
A search on the Master Title would reveal it - look under Sekatan Kepentingan and/or Syarat-Syarat Nyata. nod.gif
TSdariofoo
post May 29 2011, 05:28 PM

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QUOTE(abgkik @ May 29 2011, 03:17 AM)

- mean for subsale, he can check through previous S & P owner with developer..

*
No, check with the developer's records at the developer's office. By way of official letter.

QUOTE(abgkik @ May 29 2011, 03:17 AM)
- mean there is no worries about leasehold prop which do not require State Authority consent..
*
Yes, if the master title does not say so. Not all leasehold property require State Authority consent. Most ppl assume that if leasehold means need consent, so things would move slower, etc. That is a wrong assumption.

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