Welcome Guest ( Log In | Register )

Bump Topic Topic Closed RSS Feed
56 Pages « < 28 29 30 31 32 > » Bottom

Outline · [ Standard ] · Linear+

 Lawyers Corner, A one-stop centre on lawyers and queries

views
     
TSdariofoo
post May 30 2011, 11:21 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(coolie @ May 29 2011, 12:04 PM)
I want to ask, there's this lawyer said that if they give offer to the bank, they won't do the caveat withdrawal for us. Let's say, I borrow money from the bank then the bank say legal fees are borne by them. Does that include the caveat? I saw the caveat payment listed in the receipt to the bank however when I want to get a copy, the bank insist that I should get it from the lawyer and that they cannot provide me with the receipt because it's P&C. I wonder what's so P&C when it has to do with me. Even bank cheats the customer.

Now when I want to sell my house, the new lawyer said that we haven't withdraw the caveat and that the caveat should be covered since the bank says they cover all the legal fees. The lawyer said our previous lawyer cheated me so I called my previous lawyer up and they claimed that they give offer to the bank therefore the caveat withdrawal is not inclusive even if it is listed in the receipt. Something is very fishy here with this lawyer when she said that.
*
Legal fees for withdrawal of private caveat is RM150/title and disbursements won't exceed RM150.

As a client you can insist for a copy of the note of charges/invoice which the previous lawyer sent to the Bank, and whether same was paid for by the bank.

No point jumping the gun and accusing people of cheating (a strong accusation) without any documentary proof at the time being.

If you can show that the lawyer billed and was paid for withdrawing the caveat and that the lawyer now refuses to do so, file a complaint with the Disciplinary Board.

QUOTE(coolie @ May 29 2011, 12:04 PM)
Unethical lawyers like them really taint the world of law.
*
nod.gif

TSdariofoo
post May 30 2011, 01:40 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(coolie @ May 30 2011, 01:27 PM)
I'd tried to get it from them but they say it's the deal with the bank. I don't understand what's so P&C but they reluctant to give it to me. And to file a complaint, I called the bar council and still need to pay RMx00 (can't recall how much) and send them the proof.

You are right no point jumping the gun however if you have a better idea on how to "insist" a copy, i'd be glad. Both side now do not want to share the receipt. So how to provide proof? Show them my loan that covers the legal fee?

My real question is what does "legal fee" means when the bank says it? What is being covered and that is not known by all the customers except the bank and the lawyer. They just tell you that you don't need to worry about dealing with the lawyers as they will be the one contacting them and providing the details. And the end result is this.

Like you said, I can't point blank shoot at them they are cheating but they are definitely hiding something which have the intention of cheating until they prove they are not. Otherwise, there's nothing to hide.

It's a shame to those lawyers. The point is not the RM300 for the legal fee but the attitude shown is really a turnoff.
*
Please clarify one thing - were the legal fees borne by the bank (the bank pays for it and doesn't claim it back from you) or absorbed into your loan (the bank gives you a loan inclusive of the legal fees, so you pay your fees back by way of the usual monthly instalments).

There's a big difference there.

Can you also confirm that it is withdrawal of caveat and not discharge of charge which you are referring to. If there is already a charge over the property in favour of the bank, there's no need for a caveat to be lodged. In fact, the caveat by the bank ought to have been removed first before the transfer and charge can be presented for registration. hmm.gif
TSdariofoo
post May 31 2011, 01:46 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(coolie @ May 30 2011, 03:48 PM)
No, it is FREE legal fees so i assume FREE means it is not absorb into my loan. There is no surcharge to my loan amount as I said and I get what I borrowed.

It is "Withdrawal of Caveat" as stated. I can't be mistaken after it had been a long heated phone and f2f word battle with the lawyers and bankers. Oh my, looks like we layman gotta start picking up in law to avoid being conned. But hey, then again, why do we need lawyers when we need to become one ourselves. Life nowadays are getting complicated.  shakehead.gif
*
Since you've now clarified that it was the Bank who paid for it (not absorbed into your loan), then the invoice is strictly between the Bank and their lawyer. You cannot insist for a copy of it. If it was absorbed into your loan, then yes, you can insist for a copy.

So there's no element of cheating there as you have alleged.
TSdariofoo
post May 31 2011, 03:09 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(saab900 @ May 31 2011, 01:45 PM)
Help! Need to seek your opinions. someone stores cooking gas cylinder exactly next to my house and it's in housing area. surpisingly, he got the approvals from licensing authority and majlis bandaran, except from bomba. what are the thing i can do now to chase him away since i got the letter from bomba that the building and facility don't meet the requrements? thanks.
*
You can't chase him out of private property. You can't sue him unless damage is caused to your property by his negligence.

What is the exact contents of the letter from Bomba? Perhaps you can write in to to the local authorities and annexe that.

The best you can do is to keep pushing the local authorities to take action against him if there is any infringement of the law.

If can, contact your ADUN and see if he/she can help.

Good luck icon_rolleyes.gif
TSdariofoo
post Jun 1 2011, 12:23 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
Sansi:

» Click to show Spoiler - click again to hide... «


Letter of Guarantee/Statutory Declaration - 100.00
*Although they can charge you for this, it is not done is every firm. You can ask them to waive it and they can do so. It will not be considered as discount so they can't use that excuse against you.

Statutory Declaration - 100.00
*Should be RM10 only.

Filling fees for Power of Attorney - 100.00
* Check with them whether this is the exact fee

Search Fee - 80.00
* RM30-50

Adjudication fee/purchase loan agreement - 150.00
* there's no adjudication fee - all is online. Check with bank to see if RM150 is the actual price, because it may be RM100.
TSdariofoo
post Jun 1 2011, 12:35 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(jeff_v2 @ Jun 1 2011, 09:48 AM)
hi,
anyone can provide a web that can help me calculate on the SPA+stamping and legal fee for loan document...

btw, what is the average budget need to standby if i intend to purchase a property at RM230k?

thanks

Added on June 1, 2011, 9:48 ambtw, http://www.fiscal-wise.com.my/ cannot access anymore
*
Legal fees for loan doc same scale as legal fees for SPA. So you can use the same calculator.

If buying a new development, remember that the scaled fees is less, according to the price of the house.

Download the SRO at the first page and take a look. All the info is there.

Budget? 23k deposit plus legal fees for both SPA and loan as well as stamp duty for both.

Thanks for the notification ya icon_rolleyes.gif
TSdariofoo
post Jun 1 2011, 12:43 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(saab900 @ May 31 2011, 03:44 PM)
Exact phase replied by Bomba after we lodged a report " untuk makluman pihak tuan pentadbiran ini masih tidak menyokong permohonan lesen perniagaan tersebut kerana syarat jabatan masih tidak di patuhi". i need to highlight that the lesen the guy got was previously approved, when he started in a smaller plot of land. but recently he bought another plot of land next to my house and combine it and make it really big! easily storing over 500-1000 tanks.

Added on May 31, 2011, 3:47 pmJust to add, i already forward that Bomba letter to local council but i still haven't received any reply from them.
*
Let's wait for a reply and see how it goes. icon_rolleyes.gif

If you want to put more pressure on the chap, you can lodge a police report also - being fearful of your safety. What about other residents? Rally them to help out? hmm.gif
TSdariofoo
post Jun 1 2011, 10:27 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(babyekc @ Jun 1 2011, 02:27 PM)
Hi Dario,

What can I do if my lawyer, fully paid, not picking up calls or replying sms? I'm not haunting my lawyer like calling/smsing every hour, just that my lawyer promised to prepare some docs for me to chase Land Office, and already due for a week.
Regards.
*
March straight to the office and demand to see him/her. nod.gif
TSdariofoo
post Jun 1 2011, 10:28 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(saab900 @ Jun 1 2011, 01:56 PM)
Yes, we lodged report, attached with around 10 signatures by residents there to Bomba and local council.
*
Ok. Good. Keep us updated. icon_rolleyes.gif
TSdariofoo
post Jun 1 2011, 10:32 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(Ash1988 @ Jun 1 2011, 03:16 PM)
Hi Dario,

Need your advise here. This condo has strata released to individual but however the strata now is under Public Bank due to the owner refinance the condo last time. I wanted to buy this condo now but they haven't done any discharge since 4 years ago..
Does this mean they still owe money to the bank?
According to owner they had fully settled the loan with bank..
How come the title still under the bank?

Any problem in getting this condo in future?

Thanks man!
*
The title can't be under the bank's name. It will be under the borrower's name but there would be a charge created over the property in favour of the bank.

Sometimes the loan can be settled in full but if the borrower does not appoint a lawyer to prepare a discharge of charge/deed of R&R, the security created in favour of the bank remains, hence why the term 'the property still under the bank' is used by laymen.

When the borrower subsequently sells the property, he would ultimately appoint a lawyer to prepare the discharge of charge. That is the usual scenario that occurs.

Nothing to worry about. icon_rolleyes.gif
TSdariofoo
post Jun 2 2011, 05:25 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
arcoie:
» Click to show Spoiler - click again to hide... «


Just check with them whether double charges for some disbursements are necessary since same firm:
Bankruptcy search, developer's letter of confirmation, winding up search.

Misc like:
Transport and courier charges - RM165
Printing, photocopying, telephone, handphone calls, fax, postage & charges - RM95
Printing voluminous loan documents - RM45
Transport and courier charges - RM155
Telephone calls, fax, postage, photocopying - RM85

TOTAL is RM545. If same firm ought to be less.

Statutory Declaration for own occupation of property & stamping - RM30
Statutory Declaration for borrower(s) not a bankrupt & stamping - RM30

Stamping is RM10/doc. Affirmation is RM4.

Other than that is ok.

icon_rolleyes.gif
TSdariofoo
post Jun 3 2011, 10:30 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(windofchange @ Jun 3 2011, 10:04 AM)
Does anybody know whether a novation agreement would attract stamp duty ad valorem?
*
Yes it will. It is an alternative to a Deed of Assignment. icon_rolleyes.gif
TSdariofoo
post Jun 3 2011, 10:31 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(arcoie @ Jun 2 2011, 05:38 PM)
thanks for your answer, sifu dariofoo. will talk to the lawyer regarding the fees. at least can save some. every penny counts.
*
cheers.gif
TSdariofoo
post Jun 3 2011, 10:37 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(amandua @ Jun 2 2011, 10:25 PM)
Just to tumpang tanya here . I had recently sold off my apartment progress up till collection of SPA only What are the accounts I need to terminate . My agent say majlis perbandaran & tanah side no need cancel auto transfer to new owner . True or not ? Indah water lawyer firm say aparment no need . Want to cancel TNB now but lawyer say not advisable to do now but agent say ok . So who is right and who is wrong ?
*
1. TNB - do it now, but notify purchaser that you intend to do so. Perhaps he can re-apply on the same day. Previously can 'tukar nama' but I heard that it can no longer be done. Perhaps you can call TNB to confirm.
2. Indah Water - purchaser has the duty to inform Indah Water, not you.
3. Local authority and land office - purchaser's duty to do it, not you.

Just settle your utilities and outgoings with the m'ment office and show the receipts to the purchaser's lawyers.

Furthermore, the purchaser ought to pay you the pro-rated assessment and quit rent payments up to the date of surrender of the keys. Some vendors choose to waive it, some insist on it to be paid. It's up to your discretion.

icon_rolleyes.gif
TSdariofoo
post Jun 3 2011, 03:04 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(Yukieliow @ Jun 3 2011, 11:05 AM)
Hi i got something to ask.

My relative stay in a flat.They are being charge management fees for 35 per month.They are not paying it because the doubt of what these fees are all about as there is no security or maintain on this area.

Anyway the mgmt office claim will take legal action for the debt build up for about 1K now.

Can i know will they really able to proceed summons for such low amount and what consequences will the owner be facing if failed to pay the sum 1k?

Thanks for advice
*
Yes they can proceed even though it is RM1K. If they win the case, they can go for enforcement - for the sum of RM1K, bankruptcy is out of the question. So they can go writ of seizure and sale (WSS) of the debtor's property, committal (to put the person behind bars) or garnishee (also known as attachment), i.e. to go after the debtor's bank account.
TSdariofoo
post Jun 3 2011, 03:07 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(jeff_v2 @ Jun 3 2011, 12:06 PM)
i would like to enquire regarding the 50% discount on the lawyer fee for 1st time property purchase, izit still applicable?

i ask my friend (admin at a lawyer firm) he told me to ask the bank if i entitle to the 50% discount?

actually wat lawyer fee entitle for the 50% discount?
the SPA or loan document?
thanks
*
There has never been any permissible discount for legal fees.

There is 50% rebate is for stamp duty for first time purchasers but not legal fees.

Perhaps you misunderstood the terms.

icon_rolleyes.gif
TSdariofoo
post Jun 6 2011, 01:20 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(hamtarox @ Jun 3 2011, 10:28 PM)
Hi Dario

would like to ask if i buy a 160k 2nd hand property how much i have to pay for all misc charges(legal fee,stamp duty..name transfer fee&etc)
*
Please use the calculator at the first page of this thread. For disbursements it varies from firm to firm but for sample you can check out the numerous ones in this thread. There's easily more than 40 of them. nod.gif
TSdariofoo
post Jun 6 2011, 01:27 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(jlshyang @ Jun 6 2011, 11:00 AM)
I have this problem.

I have recently bought a property whose name is under say X.

However, it was not disclosed to me that the loan taken to finance the property was taken under a joint name (husband and wife).

My lawyers have written to the bank to request for the redemption statement but the bank refuses to release it because only X signed the letter of authorisation to release the redemption statement. Y refuses to sign because he is estranged from the wife.

Now my S & P has come to a halt because of this. Is there any other way I can go about it? The bank wants my lawyer to confirm that the bank can release the redemption statement without any implication from Y but my lawyer is reluctant.

Can Y take action against the bank eventhough the porperty is under X's name only?
*
All this could've been easily prevented if your lawyer had been more vigilant.

When preparing the draft SPA - he ought to have requested for a copy of the vendor's loan agreement. That would've revealed that Y was a borrower as well. Your lawyer should've then asked X to obtain Y's signature to the letter of autho BEFORE the signing the SPA.

Solve the problem, before it becomes the problem. How could they have sent the letter of autho from one borrower only?

Now the vendor's bank wants your lawyer to indemnify them but obviously the lawyer can't and won't do it.

This now falls back on the vendor, to get Y to sign the letter of autho. the transaction can't move until that is done.

Yes, Y can take action against the bank if it allows the co-borrower to redeem the loan without her prior consent.

Good luck
TSdariofoo
post Jun 7 2011, 11:21 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(JoannieT @ Jun 6 2011, 11:14 PM)
Hi there, need some advise.

Background information
Am in midst of purchasing a condo. My solicitor has issued the 1st draft of the S&P concurrently to Vendor & myself (as purchaser) concurrently - indicating that its a draft copy which is subject to both parties commentaries.

Have enquired with my solicitor to elaborate on 1 of the paragraphs within the draf S&P (refer 3.1 below). Respond receive is that, this is "normal" in Malaysia Real Estate.

My concern is:
= Being new to real estate, it leaves me 3 WEEKS to "shop" and commit to a housing loan within a rather short timeframe.  sweat.gif 
Would have thought that the normal, would usually be within reasonable time (and generally not longer than 3 MONTHS from stamp date of S&P, unless mutually agreed by both parties to extend the period).

Question: Is this required by any law/regulations or could this paragraph be removed?

Much appreciate your advise on this matter, thank you in advance.

=======================================
Extract below is from S&P agreement

3. CONDITIONS PRECEDENT

3.1 The Purchaser shall immediately upon the execution and stamping of this Agreement obtain a loan from a Financier or Bank to finance the purchase of the said Property and to forward a copy of the Financier or Bank’s Letter of Offer to the Purchaser’s Solicitors within twenty (21)  days from date of this agreement or upon such extension of time to be mutually agreed by the parties.

3.2 Upon the receipt of the Letter of Offer stated in Clause 3.1 above, the Purchaser’s Solicitors shall remit the said sum of Ringgit XXX immediately to the Vendor.

========================================
*
First thing which you must understand is that the terms of a contract is based on the understanding and mutual agreement of both parties. So, there's nothing the law can do to 'remove' that paragraph if it is merely unfair or unjust to you. If parties have executed it, then parties would be bound by it.

There are exceptions, of course - if there was undue influence, duress, mistake, or if the contract itself is based on something illegal.

Coming back to the issue at hand - what you have now is a Condition Precedent. It means that the contract will only kick off when you have obtained a loan within the time frame stipulated. If you can't obtain a loan an extension of time may be granted subject to the agreement of both parties.

Unless this condition is fulfilled, the contract would not kick off. The Ringgit XXXX sum would most probably be the balance 7% or 8% deposit.

So, unless you get a loan within the time period, the balance deposit would not be given to the vendor.

However, this clause is poorly drafted as it doesn't state the consequences if you fail to obtain a loan OR if the vendor does not want to grant you an extension of time after the 21 days have lapsed.

Unless there is another clause somewhere, or if there's a clause 3.3 which you have not inserted here.

What happens if you fail to obtain a loan? Would the 2% or 3% earnest deposit be refunded? Would the vendor be entitled to forfeit it? Perhaps you can check with the lawyer if it is not covered elsewhere in the contract.

On a final note - If you think that you need more than 21 days to obtain a loan - tell your lawyer to amend the draft and see if the vendor agrees to it. icon_rolleyes.gif



This post has been edited by dariofoo: Jun 7 2011, 11:21 AM
TSdariofoo
post Jun 7 2011, 03:21 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9
QUOTE(zigot14 @ Jun 7 2011, 12:34 PM)
Hi,

Uber off topic, but hope to seek some assistance.

Are there any laws or regulations governing fundraising/donation in Malaysia?

e.g. if my non-profit organization wants to launch a donation campaign, are there any laws I should pay attention to? Or any agencies i shud speak/apply to.

thnaks
*
Isn't your non-profit org registered as a Sdn Bhd over here? As what you had mentioned last time?

Then you can ask your company secretary or CCM (Companies Commission, Malaysia) for advice.

icon_rolleyes.gif
« Next Oldest · Property Talk · Next Newest »
 

56 Pages « < 28 29 30 31 32 > » Top
Topic ClosedOptions
 

Change to:
| Lo-Fi Version
 0.0243sec    0.59    7 queries    GZIP Disabled
Time is now: 7th December 2025 - 11:47 AM
All Rights Reserved © 2002- 2025 Vijandren Ramadass (~unite against racism~)
Removal Request
Powered by Invision Power Board © 2025  IPS, Inc.