Welcome Guest ( Log In | Register )

Bump Topic Topic Closed RSS Feed
56 Pages « < 30 31 32 33 34 > » Bottom

Outline · [ Standard ] · Linear+

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

views
     
TSdariofoo
post Jun 17 2011, 11:43 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(keith_hjinhoh @ Jun 16 2011, 02:05 PM)
Thanks for your information dude smile.gif It's really informative!
Refer pt 1, I have had bad exp in the past where I (buyer) tumpang the vendor solicitor, things get very ugly. It seems I'm not protected by the lawyer. Therefore I insist on having my own solicitor this time. But what makes me wonder, who foots the bill for the SPA preparation? if in that case, vendor solicitor prepare the SPA?

Refer pt 2, What i'm trying to say overhere is since most of the SPA were drafted by purchaser solicitor, so it'd be unfair for vendor solicitor to charge vendor based on the scale rate, provided the job scale required is way seller as compared to purchaser solicitor.

Refer pt 3, Is that necessary? Refer pt 1 for further information.
*
It's not necessary for you to appoint a lawyer to act on your behalf, whether you're the vendor or the purchaser. It is up to you whether you want to have a solicitor to protect your best interests.

Let me also make another thing clear - it does not matter which solicitor prepares the draft SPA. As long as you appoint a solicitor to act on your behalf, you have to pay full scaled fees. The duty of the lawyer goes far and beyond just merely drawing up the draft SPA. After that there is the important duty of vetting through the draft SPA, making amendments and corrections, sending the draft back to the other party, and negotiating amendments and variations to the clauses. Sometimes the drafts have to be exchanged between the parties many times before a finalised one can be mutually agreed upon by the parties.

I've come across situations where the lawyer who initially volunteered to draw up the draft SPA merely cut and paste a previous sample which was totally unsuited to the factual matrix of the current one. The other party then had to do many changes to the draft, about 80%. It was sent back to the first party, who then merely agreed to it and let his client execute it.

In such cases, do you still think that the party who drew up the initial draft is doing a higher 'job scale' as you pointed out?

If you still think that it is unfair, you always have the choice of acting in person. icon_rolleyes.gif


TSdariofoo
post Jun 17 2011, 11:51 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(cheekily @ Jun 16 2011, 03:08 PM)
Hi dariofoo,

Thanks for your time and advice. Hope you don’t mind if I ask a few more questions to your replies:

1. Ok, got it…loan lawyer will act for the benefit of the bank, I’ll be at the losing end paying the fees.  shakehead.gif Regarding the caveat charges by the loan lawyer, he said that it can be removed upon my request. He asked me to ask the developer whether caveat (for bank loan) is needed or not… I asked the SPA lawyer, said no need caveat for bank loan. Hmm, I find it fishy when the loan lawyer at first put in caveat charges, then later said can remove if I don’t want…only thing I’ve to bear the consequences/late penalty charges if the bank doesn’t release the loan on time…feels like some sort of hidden message warning like that  sweat.gif  So just wondering whether will it be at my disadvantage / any risk for me if I were to proceed without the caveat charges (bank loan)?

2. The firm is based in Petaling Jaya. If I’m not mistaken, the land office is in Shah Alam… Lawyer said have to travel to Places A, B, C, etc (forgotten where else…confused with so many places that he needs to go). I asked how come other legal firms just charge RM150 the most, he said he also dunno how their RM150 can cover their travelling expenses. So I just dunno what to reply him after getting that answer lo… no words liao...  ohmy.gif what is your opinion on this? RM250 justifiable?

3. Will I be charged for any penalty or payment for changing firm?
*
1. Your SPA lawyer and your loan lawyer can both advise you whether it is prudent to lodge the caveat or otherwise. Then you make the decision. The lawyer shouldn't give you any hidden warning/messages or any sort of crap like that. Just tell him to cut the crap and say it like it is. Bill what needs to be billed and just get straight to the point.

2. Not justifiable. Don't ask me how much is justifiable. Just get another quotation and compare accordingly.

3. No. Because they didn't consult you first before appointing the firm. As a client you have the right to pick the law firm of your choice. If they insist on full panel you should at least be given a list of their panel law firms.

icon_rolleyes.gif
TSdariofoo
post Jun 17 2011, 11:53 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(ocu888 @ Jun 16 2011, 03:13 PM)
Hi,

I have a question, if I am buying a new property from the developer directly and the property comes with free SPA. Loan Agreement between me and the bank, do I still need to pay for stamping fees?

Wouldn't that be covered under the SPA?

Example: SPA & stamp fees (Absorbed by developer)

Loan Agreement & Stamp fees?
*
Is individual title already out? If not, stamp duty for MOT will not arise.

Stamp duty on loan facility would be payable.

Read the fine print of the booking form or terms & conditions. Did it state stamp duty on loan facility is absorbed by the developer. If it doesn't, you'd have to foot the bill.

icon_rolleyes.gif
TSdariofoo
post Jun 17 2011, 12:02 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(Seremban_2 @ Jun 15 2011, 05:31 PM)
kmf:Normally it is done by the bank panel lawyer even ad hoc cannot do it. I would suggest you to find atleast 10 firms.  rclxm9.gif
*
10 firms is not reasonable, and I'm sure you know it. If you want to be cheeky and sarcastic, I respectfully suggest you do so in the open forum where anything goes. The person asking for the advice is seeking for a serious answer in this thread, and if you can't provide one, don't.

Hope you understand. icon_rolleyes.gif


QUOTE(Seremban_2 @ Jun 15 2011, 05:31 PM)
Even the bank panel lawyer over charge the client, the law firm cann't by pass the HSBC HQ as the person in charge who release the legal fees  knows the correct billing and will erase the unrelated or unwanted charges.
*
You're missing the point. Are you saying that the lawyer can simply overcharge and when asked, merely says to the client 'Don't worry, at the end the bank will erase the unwanted or unrelated charges' ?

That's like going to a supermarket where everything is not priced right and you can only find out when you check out at the cashier. Is that reasonable and fair to the customer?

Anyway, that's your opinion. Am not surprised if many law firms do that anyway to sneak in and try to make a quick buck.

icon_rolleyes.gif

TSdariofoo
post Jun 17 2011, 12:12 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(kmf165 @ Jun 16 2011, 04:33 PM)
Hi Seremban_2 biggrin.gif
10 firms? They told me have to get their panel firm and they have only 50 in Malaysia. Not sure true not. But I am ok with the quotation already as they give discount.
*
2-3 would be enough. At the end of the day, it's not the rate, it's the service. icon_rolleyes.gif
TSdariofoo
post Jun 17 2011, 12:13 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(Seremban_2 @ Jun 16 2011, 10:22 PM)
It is standard procedure leng chai.

Before sending for advise to bank redemp the property fresh bankruptcy is needed and there is expiry date for it. Redemp once and final advise another time.
*
It's not standard procedure. Not all banks require that. A search can be valid and accepted up to 60 days or more. Depending on the bank, of course. icon_rolleyes.gif
TSdariofoo
post Jun 17 2011, 12:19 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 17 2011, 09:03 AM)
» Click to show Spoiler - click again to hide... «


any comments? already confirm on the 50% rebate on stamp duty.
is other charges seem ok?
*
1. Letter of Offer RM 35.00
* should be RM10


For SPA why need to do land search twice? doh.gif

Disbursements:
7. Miscellaneous RM 50.00
8. Printing/Photostatting/Postage/Fax/E-mail RM 100.00
9. Traveling RM 250.00

PLUS

Printing/Photostatting/Postage/Fax/E-mail RM 100.00
Miscellaneous RM 50.00
Traveling RM 250.00

- total is RM700 which is quite ex if for same lawyer
- Unless you're asking for a rebate, whereby everything will be marked up to cover the difference.
- Said it before 100 times, saying it again. doh.gif


TSdariofoo
post Jun 17 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


QUOTE(Seremban_2 @ Jun 16 2011, 10:22 PM)
When I face a client wants discount, I normally mark up and give them discount which is actually the same normal bill.
*
That's what most law firms do anyway. As the saying goes, the client can't have his cake and eat it too. icon_rolleyes.gif


QUOTE(Seremban_2 @ Jun 16 2011, 10:22 PM)
But when he post on the net and there is how I kena la.  doh.gif
*
sweat.gif


QUOTE(Seremban_2 @ Jun 16 2011, 10:22 PM)
Give up or think of ways.
*
You can ask Mod to shut down this thread. Or go Court get injunction sweat.gif
TSdariofoo
post Jun 17 2011, 05:00 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 17 2011, 03:51 PM)
Hi dario,

Am I still entitled for a 50% stamp duty if the condo I bought is under me and gf's name. Myself is first property but my gf is not.
Please advice. Thanks.
*
You would be entitled to 50% from your half-share icon_rolleyes.gif
TSdariofoo
post Jun 18 2011, 01:21 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(Angel-Look @ Jun 17 2011, 09:09 PM)
Hi, I am going to purchase a 2 and a half storey terrace house cost RM708K, may I know what are the fees that I am supposed to pay, as I know it's the S&P fees and Stamping fees. I am planning to get a loan of RM100k from Public Bank, is there any other legal fees that I missed out? Can you advice me the estimated total amount of fees that I need to pay my lawyer if I were to purchase this house. Thank you very much smile.gif Your help is much appreciated.
*
Legal fees and stamp duty on both SPA and loan is fixed according to the SRO which can be downloaded at the first page of this thread. The other fees would be disbursements and it depends on the type of property concerned. It also varies from firm to firm. Best if you get an invoice and post it here in order for me to advise you accordingly. icon_rolleyes.gif
TSdariofoo
post Jun 18 2011, 01:24 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(saigetsu @ Jun 17 2011, 10:07 PM)
hi
i want to confirm

is it only the name in the SPA become owner of the house?
*
Yes, the Purchaser becomes the registered/beneficial owner of the property.

QUOTE(saigetsu @ Jun 17 2011, 10:07 PM)
so how to make other person also legal owner of the house other than name stated in SPA
*
A subsequent transfer or assignment.
TSdariofoo
post Jun 21 2011, 11:19 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(uglyx3duck @ Jun 20 2011, 10:35 PM)
can i knw how much for change name total fees? fro my dad change to me n my bf. which lawyer firm can slot credit card?
*
Change name as in transfer of ownership? Property with individual title, I assume?

It will be the full scaled fees, according to the market rate of the property. You can use the calculator at the first page of this thread.

There are only a few firms which accepts payment via credit card. You might want to call up the Bar Council at 03-20313003 to get the list of same.

icon_rolleyes.gif
TSdariofoo
post Jun 21 2011, 11:50 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(uglyx3duck @ Jun 21 2011, 09:50 AM)
cos now i need to waiting my dad's change to his name at his title, then how long can change to me n my bf name? how is the fees?? will b near 10k? normally how long can get it? thanks
*
You'd have to pay stamp duty on it as well, so it depends on the market value of the property as I've explained above.
TSdariofoo
post Jun 21 2011, 03:15 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(CreamMilk @ Jun 21 2011, 02:29 PM)
Is it possible to change lawyer after the SPA is done, stamped for a year? My situation is I had signed the SPA last year April, after that waiting for the title transfer. Developer has agreed to do direct transfer (the Strata is available and the vendor didn't go and apply) under my name.

So since last year May, I started waiting patiently. Called the lawyer firm twice a month to follow up, every time the assistant told me the same thing - pending for title transfer (government side). Explained with a lot of legal doc jargon which I dun understand.

But 4 months ago, I started to lose my patience, and what became worst was the lawyer assistant who follow up my case suddenly resigned. So the next assistant pick up my case, same thing, still tell me pending for transfer! I don't believe it took such a long time, so I called the vendor and ask him to check with his lawyer what's going on. Then only I found out it's actually my lawyer firm didn't furnish necessary document to the respective department! Immediately I called my lawyer firm again, same thing, they said they will do it now =.=

AND GUESS WHAT? After 1 month of waiting, yesterday, I called again, SHOCK that the 2nd assistant resigned. Asked who follow up my case then? The one who answer my call said she will check, call me back by the same day. Of course it's bull shit, I NEVER got call from them, every time I am the one who need to call. So I call again today, been treated like a ball, dono how many call transfer, finally I spoke to a guy, same stupid answer telling me that it's pending for the dono what what land department.

Seriously, I am frustrated, I only paid RM1k so far to the lawyer which they claim they need to pay for some land department. Is it possible to change lawyer firm right now? I worry I wait another year still get nothing. What a LAOSY lawyer firm sad.gif
*
Yes of course you can. Under normal circumstances if you had paid fees in full upfront they have to refund you half of it and also refund all unspent disbursements. icon_rolleyes.gif
TSdariofoo
post Jun 22 2011, 10:20 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(elynny @ Jun 21 2011, 08:27 PM)
@Dariofoo

I nd to check with you something, usually if a property is free from encumbrances, and after signing loan agreement, how long it takes for the bank to release payment? I signed my loan agreement on mid-May and the property valueyor just came to look at the place last Mon, after that i asked the loan lawyer how long more it takes, she can't seems to give me a proper answer.. sad.gif i'm using bank panel lawyer for loan agreement...they doesn't seems to be as friendly as my SPA lawyer though...

Thanks!
*
Waiting for the valuation report, probably. There's no definite time period to advise for drawdown. Once all parties have fulfilled their part of the obligations (under the SPA) and subject to the completion of the valuation report, only then can the advise for drawdown be honoured by the Bank.

One tip would be for you to call your mortgage consultant who processed your loan and see if that person can push things from within the Bank itself, or at the very least give you a proper update.


TSdariofoo
post Jun 22 2011, 10:26 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(uglyx3duck @ Jun 21 2011, 11:31 PM)
my grandma was passed away, so my one of friend told me to fill up form, and ask my aunty sign agreement to agree the property give my father. and my father wan to change the title name to my name.
*
Did she passed away with a will or without? If without a will how can it be transferred to your father without the proper process of going to the Court to get Letters of Administration. What form is this? Your father might want to make sure of things and not merely sign any form without being sure of its legal implications.

QUOTE(uglyx3duck @ Jun 21 2011, 11:31 PM)
but if i settle my dad's title is under his name, can immediate to  hire lawyer to do change name for me my bf. beside that for stamp duty fess can get 50% remit when transfer name frm my dad to me n my bf? i wish to refinance and rebuild my house.
*
Once all encumbrances have been removed (i.e. caveats, charges, etc) it can be transferred. With regard as to whether the 50% rebate for transfer out of love and affection from father to daughter, I'm not 100% sure if you would be entitled at all or perhaps entitled to 50% off your half-share only (as your bf does not come within the rebate).

I'd suggest that you call LHDN at 1-300-88-3010 to find out more. icon_rolleyes.gif

TSdariofoo
post Jun 22 2011, 01:18 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(uglyx3duck @ Jun 22 2011, 10:33 AM)
nop, dont' have any will on it. they ask to fill up Form A and submit to land office.and wait for hearing.and need my aunty go as well to agree the property to my dad. then only from my dad transfer to me n my bf. thanks for your info
*
Then this must be under the Small Estates Distribution Act. Should be alright. Good luck then.
TSdariofoo
post Jun 22 2011, 01:23 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


QUOTE(dollarboy$ @ Jun 22 2011, 12:57 PM)
Dario,

just wanna ask about the booking fee..

Last two month i booked one service apt and cancel one month later it on 24/05/2011. At cancellation later, i wil get my refund back 30 days on my cancellation date. But until now when i called both side agent and lawyer firm, they cannot give me the confirm date. What should i do..can i make a police report?
*
If you cancelled it on 24/5/2011, wouldn't the last day be on 23/6/2011, which is tomorrow? Is it a huge sum? You can write a letter to the lawyer and demand it from them. Send it in by hand and get it acknowledged. Also, tell the agent that if he doesn't arrange for it to be paid, you will complain to the The Board of Valuers, Appraisers and Estate Agents.

No point lodging a police report as it is a civil matter and they won't get involved.

icon_rolleyes.gif
TSdariofoo
post Jun 22 2011, 04:35 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(uglyx3duck @ Jun 22 2011, 01:28 PM)
On hearing that day, we need to pay the fees rite? izit will get more expensive on it? cos as i knw if transfer name to me n my bf will more higher fees.
*
Won't be much, as no lawyer involved laugh.gif

The land office will inform you of the fees nod.gif


Added on June 22, 2011, 4:36 pm
QUOTE(uglyx3duck @ Jun 22 2011, 01:28 PM)
cos as i knw if transfer name to me n my bf will more higher fees.
*
At this stage, you would have to appoint a lawyer so fees are scaled according to prevailing market price of the property, as I've explained earlier. nod.gif

smile.gif

This post has been edited by dariofoo: Jun 22 2011, 04:36 PM
TSdariofoo
post Jun 22 2011, 04:37 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(dollarboy$ @ Jun 22 2011, 01:44 PM)
thanks Dario...but when i should write the letter? after 30 days?

>> for me, 10 cent also really huge sum...hehehe  smile.gif
*
At any time after the expiration of the 30-day period. icon_rolleyes.gif

56 Pages « < 30 31 32 33 34 > » Top
Topic ClosedOptions
 

Change to:
| Lo-Fi Version
0.0686sec    0.47    7 queries    GZIP Disabled
Time is now: 4th December 2025 - 09:30 PM