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TSdariofoo
post Jul 1 2011, 01:42 PM

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QUOTE(macong @ Jul 1 2011, 10:27 AM)
Hi Dariofoo,

My loan document has just completed the bank lawyer staff called me up saying that they have calculated the fees wrongly  and they want to charge me another RM700 as disbursements before they deliver the document to me. I am really surprised to hear that. How to deal with this ? It is a normal practice for lawyer to do that? What should I do? To whom should I make a complaint to? Pls advise. tqvm.
*
Calculated fees wrongly? How come? Gave you too much rebate? sweat.gif

Ask for the invoice before paying anything. They don't have the right to hold back documents on the ground that fees not paid. Tell them that you'll complain to BC if they do. Stop dealing with the clerks and demand to speak to a lawyer. bruce.gif
TSdariofoo
post Jul 1 2011, 01:48 PM

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QUOTE(wanpent @ Jul 1 2011, 11:56 AM)
hi dariofoo !

please advise my problem.

status :
1) loan approved
2) S&P already sign and stamping
3) house still under master title
4) leasehold
5) sub-sale

now my problem is developer still cannot issue release letter due original
and copy document of power of attorney  (document including of POA and PSS)of current owner already missing at :
1) owner   
2) previous lawyer ( closed , checked at store still not found ) 
3) banker

references no of document  also do not have, so according to current lawyer informed me that this process cannot be proceed and need to cancel.

my question it is other way to backup this document so that developer can issue release letter?

thanks..
*
Facts not clear enough. Is there an existing loan by the vendor? If so, his financier will keep the original PA. What documents are missing? Is it just the PA? or also the FA and DOA as well?
Surely a copy of the FA, DOA and PA would be with the developer if the vendor took a loan. Surely the previous lawyer must also have a file copy. Someone must have the duplicate, as altogether 4 copies would be prepared.

On what grounds did your current lawyer say that the SPA must be aborted? Don't need to be so drastic.


TSdariofoo
post Jul 1 2011, 03:14 PM

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QUOTE(TheFear @ Jul 1 2011, 01:38 PM)
B) furthermore, in "acknowledgement of receipt" stated....{subject to the approval from the vendor on or before 06/7/2011}. in that case, which is the terms that purchaser should follow? Which terms bind by both vendor & purchaser??
*
There's your problem, as emphasised in bold. It appears to give the vendor time until 6th July 2011 to accept (as stated as 'approve') your offer to purchase. Until then, it appears that you would have to wait.

It is a known tactic among unscrupulous and unethical agents to procure such unilateral letters of offer to purchase and produce same to other intending purchasers with the intent to obtain a higher bid for the property. That is why a time frame is given to the vendor whether to accept the said offer. If a higher offer comes through, the axe would fall on your lower offer, and your deposit would be duly refunded.

I am not sure whether the same tactic is being employed in your case (and it best not to jump to conclusions), but there could be no other justification as to why the vendor has such a long time frame whether to accept the offer. doh.gif

I would suggest that you insist for the vendor to execute it immediately and honour his commitment to sell to you, or just demand for your deposit back and search for another property.

icon_rolleyes.gif
TSdariofoo
post Jul 1 2011, 03:16 PM

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QUOTE(wanpent @ Jul 1 2011, 03:08 PM)
thanks for your reply..

as per told by lawyer, vendor had do refinance for that house, so developer request for latest one.
for your info, this is my first house, so i do not know what the back-up process to cover back the document.
both bank and previous lawyer had informed the document are missing..already 1 month searching but did not found..
*
If PA, it would have to registered at the High Court - same jurisdiction as the location of the property - and a duplicate copy would deposited with the Court. Surely your lawyer can obtain a CTC of the duplicate PA. The vendor's bank can issue a letter stating that the original is lost, and that the CTC of the duplicate is the exact copy as the original. Surely things can proceed from there. Ask your lawyer and see if this can be done. icon_rolleyes.gif

PS:

FA - Facility Agreement/ loan agreement
DOA - Deed of Assignment
PA - Power of Attorney.

It can be incorporated into one document or three separate docs.

This post has been edited by dariofoo: Jul 1 2011, 03:18 PM
TSdariofoo
post Jul 1 2011, 09:29 PM

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QUOTE(wanpent @ Jul 1 2011, 03:49 PM)
last monday lawyer told me that she must have the missing document references no before registered at high court.
rclxub.gif
thank for your advise!! icon_rolleyes.gif
must push him now!!!
*
Of course the lawyer would not have a copy of a PA at all so she can't check the registration number. In such cases, request the vendor's financier to go through their file and look for the letter advising release of the loan. The letter would state the regis number of the PA. Even the copy of the filing receipt might be with them, so it can traced from there. However, if the whole file is missing, then you'll really have a problem in your hands. sweat.gif
TSdariofoo
post Jul 2 2011, 01:47 AM

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QUOTE(TamaUser @ Jul 1 2011, 10:21 PM)
Hi, I have few questions here.

1) Is selling things at school by the students legal? They sell general goods like pens.

2) I seen a lot of web-shops in the Internet by the student. Is it legal to sell things like that without license?
*
You only need a license from the local authorities if you have a proper shop/outlet. Further, you would only need to register your business if you are of the opinion that you would have assets and liabilities and proper book-keeping.

Mere peddling of goods do not require a license.

With regard to e-retailers, it is allowed so long as you do not sell goods which are require specific licenses from the manufacturers of the product. Like brand new Gucci handbags which you may have obtained from another country at a cheaper price. The local license holder can come down hard on you. The way to get around it is to state that you're selling it used/pre-owned. If general items are being sold on the net, there's nothing illegal about it. Even if the authorities were to frown on it, enforcement would be immensely difficult, if not impossible.

Hope that answers your query.

icon_rolleyes.gif
TSdariofoo
post Jul 2 2011, 02:18 AM

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QUOTE(beandk @ Jul 1 2011, 11:01 PM)
Hi Dario,
Don't know if this is the proper place to get some advice but will ask anyway...
*
nod.gif


QUOTE(beandk @ Jul 1 2011, 11:01 PM)
Now Mr. A is making a big fuss by going to the consumer tribunal saying that I con him and he wants his more than 10k back in renovation. I told him i will return what is due by veryfying the receipts but he has to move out first so that I can check for defects to my house. He refused.

What shall I do next?
1. Get a lawyer to chase him out by proper means. How to start litigation when there's no contract signed? It's also a long and expensive process.
2. Cut electricity and water supply and report police saying he's tresspassing.
3. Like Mr A make a report to consumer tribunal?

Would appreciate inputs to this. Thanks in advance.
*
First things first, this dispute cannot be subjected to the jurisdiction of the Consumer Claims Tribunal. Any dispute relating to land or interest in land cannot be brought before the tribunal. The civil Courts will have jurisdiction in this matter.

Between no.s 1, 2 and 3 - your option is now either no.1 or 2, as no.3 is out of the question, as explained above.

No.1 - going through the proper process of the law.


It doesn't matter that there is no contract signed. It can be construed as a monthly tenancy which can be terminated with 1 month's notice in writing to the tenant.

PROS
1. You follow the due process of the law to evict him and recover unpaid rent.
2. You would not be liable to be sued by him as you followed the due process of the law.
3. Ultimately, you would be able to obtain vacant possession as the Court bailiff will attend personally to serve the Court Order to compel the occupier to vacate the premises.
4. Peace of mind.


CONS
1. Might be time-consuming (depends on the aptitude of your lawyer and the speed and efficiency of the Court of jurisdiction)
2. Costly - legal fees and Court fees would need to be coughed up upfront by you.
3. There might be a possibility that the tenant may just vacate the premises and disappear, so you would not be able to claim any legal fees or unpaid rent back from him - you're stuck with a paper judgment and a lawyer's bill to be settled.


No.2 - going through the 'other process'

This would mean taking self-help measures. Self-help is not recognised by our laws. It is considered to be illegal. Some common methods are cutting off utilities, changing locks, placing chains and locks over the gate/grill, posting letters and proclamations with the intent to humiliate the tenant, breaking and entering and removing the tenant's belongings by force (not before lodging a police report first, purportedly to add some legitimacy to the whole act, which it doesn't!), or employing physical force to throw the tenant, belonging and all, out of the place.

PROS
1. May save a lot of time. How many tenants can go long without utilities? Water and electricity is so essential. They may pack up and leave immediately.
2. Cheap - it does not cost much to cut utilities (a phone call would do), change locks, get a few roughnecks to exert pressure. No need to engage lawyer and spend money to go through the proper channels, which may take more time.
3. Not much of a hassle, compared to the proper channels.


CONS
May backfire on landlord as such acts are illegal - cutting off electricity, water and locking up the place is against the law. And if you're unlucky, you get a tenant who exercises his legal rights and appoints a lawyer to sue you for wrongful termination of tenancy, trespass to property and trespass to goods. The tenant can get a Court injunction to compel you to re-instate the utiliities AND stop you from interfering with his right to lawful use and enjoyment of the premises, pending the resolution of his case against you. Yes, the tenant is now suing you for compensation for damage caused by your unlawful act. You can, of course, put in a counter-claim for unpaid rental, etc, but it does not derogate from his right to rightfully claim for compensation against you.

I can tell you that it has been done before. I do not know the outcome of the case but I know that the Court granted the injunction and the landlord had to re-connect the utilities and the 'tenants' were allowed to remain at the premises until the disposal of the suit.

So, ultimately, you end up paying legal fees to defend yourself when it all could've been prevented if you had done things the right way.



Weigh all your options before making a final decision. Try to sort things out with the tenant first before picking one of the options. Appointing a mediator to step in and sort things out amicably has also been done by some landlords, and it may be a good idea in your circumstances as well.

All the best. icon_rolleyes.gif








TSdariofoo
post Jul 3 2011, 02:08 AM

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QUOTE(cheekily @ Jul 2 2011, 12:59 PM)
Thanks for the info, dariofoo...  biggrin.gif
*
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TSdariofoo
post Jul 3 2011, 02:11 AM

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QUOTE(beandk @ Jul 2 2011, 03:20 PM)
Question, Mr. A claimed to have reported to the consumer tribunal. In such cases, is his case strong, since he does not have my written consent to the renovation?
He only CLAIMED to have reported to the consumer tribunal. If he did, you would've been served with the claim document requesting you to attend the tribunal hearing. In any event, I've explained very clearly to you that this dispute would not be entertained by the tribunal as it does not have the jurisdiction to hear and solve it. So it's mere puff which you should just ignore.

QUOTE(beandk @ Jul 2 2011, 03:20 PM)
This illegal ways that you are talking about, will I get sued in returned?
*
You MAY get sued, but whether you WILL get sued, who knows?

This post has been edited by dariofoo: Jul 3 2011, 02:13 AM
TSdariofoo
post Jul 3 2011, 08:25 PM

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QUOTE(TheFear @ Jul 3 2011, 04:52 PM)
Hi doriofoo,

You are RIGHT!!!

Now the damn cunning agent asking for another $30k, he said owner increase the price!!!!

What should I do? Can I get my deposit back b4 the dateline??
Do I need to beware of anything?

Can complain to the real estate association??  mad.gif  sad.gif  mad.gif
*
Well, since the owner has asked for an increase in price, the earlier terms no longer apply and you are free to ask for a refund of the deposit. Come to think of it, as the vendor did not accept the offer formally, there is no binding contract between you as the intention to create legal relations is absent.

If you complaint to the Board, the agent will just show the letter of offer which clearly gives the vendor time until 7th to accept the offer. So he can defend himself by saying that his client instructed him to demand for a higher price, before he accepts. I can't see how you can argue otherwise since you accepted such terms and signed it.

Your priority is now to recover your deposit.

Next time, do be cautious and only execute a letter of offer to purchase and pay the deposit only after the vendor has signed his part of it. Otherwise, it's gonna be deja vu again for you.

Good luck icon_rolleyes.gif

This post has been edited by dariofoo: Jul 3 2011, 08:25 PM
TSdariofoo
post Jul 4 2011, 10:36 AM

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QUOTE(uglyx3duck @ Jul 3 2011, 09:34 PM)
if the person who passed away, and got WILL, so need too go high court? izit need pay any fees? thx
*
It's like this - if the estate consists of property, and the property is worth RM2,000,000.00 below - you can go to the Land Office in question and distribute it under the Small Estate Distribution Act.

If there's others, especially EPF - you need a Court order - whether there's a will or no will.

If you think that you won't be able to handle it properly on your own, it's time to engage a lawyer and instruct him accordingly.

Good luck.

icon_rolleyes.gif

QUOTE(uglyx3duck @ Jul 3 2011, 09:34 PM)
izit need pay any fees? thx
*
If you appoint a lawyer, of course there would be fees to be paid. nod.gif
TSdariofoo
post Jul 4 2011, 10:38 AM

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QUOTE(wanpent @ Jul 4 2011, 02:24 AM)
let say the whole file is missing.. so totally i cannot buy that properties? shocking.gif
*
You can buy, but if you're taking a loan, the security documents are not enough so the bank may not approve release of the loan sum. That's where it gets stuck.

QUOTE(wanpent @ Jul 4 2011, 02:24 AM)
it is very high possibility due the lawyer firm already closed and file at vendor financier missing when their moving and renovation .
*
The law firm closed or the law firm closed the file? It's two different things. If the firm is still active, they have to keep their conveyancing files for 12 years. So they MUST have a copy. If they don't, the vendor can go after them for negligence.

QUOTE(wanpent @ Jul 4 2011, 02:24 AM)
any other solution to recover the document instead as per your told before?
*
That's all I can advise based on the information given. nod.gif
TSdariofoo
post Jul 4 2011, 10:43 AM

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QUOTE(dchk @ Jul 4 2011, 10:19 AM)
Wanted to clarify an question on RGPT.

Firstly, I was recently informed by a real estate agent that upon the initial 10% deposit by the purchaser to the seller, 2% of the purchase price will be held by the lawyer is part of the RGPT.

Meaning if I sell my unit now, purchased previously at RM400k and selling at RM600k, I need to allocate at least  RM12k to the lawyer. Upon final completion of the remaining sale, only then will the actual cost of the RGPT 5% be calculated and the balance if any will be refunded by Tax department. Does this statement holds any truth?
*
Yes, 2% of the purchase price shall be retained by the purchaser to pay LHDN within 60 days being advance payment of RPGT on your behalf, unless you submit Form CKHT3 to the purchaser, whereby you either:

1. Declare that you own the property for more than 5 years;
2. Elect to go for the one-time exemption from RPGT;
3. Declare that you're disposing off the property for no consideration (like a gift) - not applicable in your case.

If you submit your CKHT 3 to the purchaser - he has to refund the 2% to you.

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TSdariofoo
post Jul 4 2011, 11:55 AM

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QUOTE(dchk @ Jul 4 2011, 10:49 AM)
1. I don't think I'm eligible for this option as the property is less than 5 years. Actually it is still under construction and will complete by end of this year.
2. How do I go about this?
3. Definitely not applicable.

So the CKHT 3 document is to be submitted to the purchaser? I thought that goes to the lawyer?
*
In your case, since there's a lawyer, submit to purchaser's lawyer. I just type purchaser but of course it means purchaser's lawyer if the purchaser indeed appointed a lawyer. Some purchasers act in person. laugh.gif
TSdariofoo
post Jul 4 2011, 12:06 PM

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QUOTE(xecton @ Jul 4 2011, 11:01 AM)
Hi Dariofoo, looking for some advise here.

I'm selling my property and the potential buyer is asking me to "raise" the price of the place so that she can get a 100% loan.

Example, house price 200K. Bank will offer 90% of the full sum, so she can get only 180K.
So she wants me to sell her at 222K so that at 90%, she can get the loan at 200K.

Any legal implications if I decided to help her out?
*
First things first, this arrangement only works if the property is valued at the higher price. This is not like a car where they can jack up the price with 'full specs package' and get a 100% loan for you.

Assuming that the bank does value it higher, then you to need to secure your interest like this:

1. Make sure that the purchaser will pay the difference in RPGT to you, as the gains is higher (only applicable if the status of your property is such that you are liable to be taxed)
2. There would be a letter whereby you agree to give a discount/rebate of xxxx (the difference in the marked up price) back to the purchaser OR a letter confirming that you have indeed received the sum of xxxx (the difference in the marked up price). This will be prepared by the purchaser's lawyer, or your lawyer, should you choose to appoint one.

That's about it. No other legal implications as long as it is properly documented.
TSdariofoo
post Jul 4 2011, 12:19 PM

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QUOTE(wanpent @ Jul 4 2011, 11:33 AM)
**lawyer firm is not active ..

Dariofoo...many thanks for you help and advise biggrin.gif  thumbup.gif
*
There's still hope - you can instruct your lawyer to call Bar Council and find out the status of the firm. Has it been merged with another firm? Perhaps the partners changed and it has been renamed? Or perhaps they shut down and their files have been taken over by Bar Council?

Law firms do not operate like Sdn Bhd - whatever happens to a law firm, the files are always preserved and cannot be disposed off within the time period - 12 years for conveyancing/ litigation involving land, 6 years for contract/tort.
TSdariofoo
post Jul 4 2011, 02:33 PM

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


Yes, I've come across this circular before. Please note that it does not form part of the Practice & Etiquette Rules, so it is not binding on the members of the Bar. It is merely advisory in nature. That is why you would note that the phrase is "Members are therefore advised not to be a party to such a practice". It does not prohibit lawyers from doing so.

It is not easy to prove fraud. Besides, what fraud or cheating is there? The Bank is willing to grant a higher loan, the vendor and purchaser both agree to the price and the solicitor is merely acting to client's instructions.

When one has the intention to cheat or defraud - one of the elements to be proven is that the other party must have suffered a loss. In this case - what loss has been suffered by the Bank?
In fact, the Bank gains more by a higher loan [read: higher interest]. There is no loss as to the price, as it matches the Bank's valuation.

That is why the word 'advised' and not 'ordered' is used by the Committee. Because there's nothing wrong with it.

But there's another reason - you want to know what it is?

Come closer, suzearitz, I'll tell you - Because the committee members themselves are doing it. Takut kena tangkap basah themselves sweat.gif

laugh.gif

Thanks for the info though. At least our fellow forummers can read and judge for themselves.

This post has been edited by dariofoo: Jul 4 2011, 02:35 PM
TSdariofoo
post Jul 4 2011, 11:47 PM

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QUOTE(sk2000 @ Jul 4 2011, 05:08 PM)
Hi, dariofoo. i feel very confusing on the rpgt form.

Wat is the difference between forms CKHT 1A, 2A & 3?

how much that we need to pay for each type of form? thanks.
*
Here we go:

CKHT 1A - submitted by vendor. Each vendor submits own form. Solicitor can charge RM300/form.

CKHT 2A - submitted by purchaser. Each purchaser submits own form. Solicitor can charge RM200/form.

CKHT 3 - submitted by vendor. Each vendor submits own form. This form is only filled up and submitted if:

1) The vendor declares that the property is owned for more than 5 years; OR
2) The vendor is electing to apply for one-time exemption from RPGT; OR
3) The vendor is disposing off the property without receiving any consideration (eg gift).

If CKHT 3 is submitted to the purchaser or purchaser's lawyer, the purchaser need not retain back 2% of the purchase price. This 2% is to be forwarded to LHDN as advance payment of CKHT on behalf of the vendor. LHDN will calculate it, and if there's a suplus - refund it to the vendor, or if there is a shortfall, demand payment from vendor.

Most of the time, during preparation of draft SPA, parties already agree on the CKHT forms, i.e. vendor will indicate if he's filing the CKHT 3. If so, the balance deposit in full will be given to the vendor during signing of SPA. Or else, purchaser will retain 2% first. If the 2% is not paid by the purchaser to LHDN within 60 days from date of disposal, then the purchaser will have to pay a penalty.. Yes, vendor pays CKHT, but purchaser kena penalty as it is his duty to pay the 2%.

Ok boss? icon_rolleyes.gif
TSdariofoo
post Jul 4 2011, 11:52 PM

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QUOTE(heuristic @ Jul 4 2011, 08:19 PM)
Hi Dario,

Need your input here regarding epf withdrawal. I bought a house end of last year with 10% own money and 90% bank loan. I did not withdraw any money from epf for the purchase. Now the question is, can I still withdraw my epf account 2 money for the "purchase" of my house (the one bought last year)? Can i withdraw under the purpose of "pembelian rumah"? FYI, i'm not going to use the money for loan prepayment. I'll be keeping the money.

Thanks.
*
Yes, you can still apply. The timeframe given is 3 years, i.e. not more than 3 years must lapse between date of SPA and date of application to EPF.

The money will be banked into your account immediately at the end of the process, so EPF will not know or be concerned about how you spend the money.

....Unless there's an EPF staff following this thread whistling.gif

smile.gif
TSdariofoo
post Jul 4 2011, 11:53 PM

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QUOTE(suzearitz @ Jul 4 2011, 03:18 PM)
i agree with u dario... especially the 'tangkap basah' part. this is grey area. but it's up to the individual.
(should have used the word "advised" instead...)
*
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