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TSdariofoo
post Jul 18 2011, 11:27 AM

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QUOTE(eurayle @ Jul 17 2011, 07:10 PM)
My mgmt office said they will issue 2nd reminder to the upper unit owner, then if still no action, they will bring up to CoB (Commissioner of Building).  I've never heard of CoB before, would this person be able to help?  hmm.gif
*
Reminder? Why did the JMB issue a letter to the owner when it is not part of common property? It's the owner's private property right? With regard to COB, the JMB would normally request the COB to invoke his power under the Building and Common Property (Maintenance and Management) Act 2007 for issues of non-payment of maintenance charges only. For scenarios like this, the COB would not interfere. Perhaps the info given to you was wrong. By right, even the JMB ought not to get involved in this matter, as it is entirely private. Unless any of the common properties are involved. So, the letter from JMB would not be of much effect.

QUOTE(eurayle @ Jul 17 2011, 07:10 PM)
What I really want to achieve is actually for the owner to understand it's their responsibility to fix, & when they agree to fix, I will offer to bear half the cost as a goodwill gesture.  I already got a quotation from a contractor.  Do you think black & white is necessary for the offer?
*
Of course. Always get black and white. Cakap mulut is of no use.


QUOTE(eurayle @ Jul 17 2011, 07:10 PM)
Another thing, does the side letter you mentioned need to be issued by a lawyer?  If yes, does any lawyer that deal with property would do & what would be the estimated fee?
*
Not necessarily. You can draft it out yourself. Or you can use Google and type out letter of disclaimer, or something like that. Fees would be subjective and differ from firm to firm - like the respective price of a Rolls-Royce and a Proton. smile.gif
TSdariofoo
post Jul 18 2011, 01:46 PM

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may1126:

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So basically he gave you a "discount" which was not really a discount because he did not follow the SRO (which only allows him to bill you 70% of the scaled fees).

So what you need to do now is to ask him politely whether under the SRO, if buying from developer, is it still full scaled fees or is it less. Surely he has to say that it would be less, as per the SRO. Then you just get the new calculation, and pay him accordingy la. You save another RM300 roughly, and the lawyer earns the scaled fees accordingly.

And everyone lives happily ever after.

The end. icon_rolleyes.gif
TSdariofoo
post Jul 18 2011, 06:00 PM

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QUOTE(may1126 @ Jul 18 2011, 02:59 PM)
Sifu, the problem is i already paid 5500 to lawyer, but chq haven clear. how should i do now, stop the chq now ? or reimburse back from lawyer if he already bank in.

thank you very much ur advice  thumbup.gif
*
Just saw your post. A bit too late in the day to call him now huh. Hope you did without waiting for me to advise you though. If you did, then ask for the new note of charges with the 70% scaled fees reflected.

Otherwise, if cheque cleared, ask for reimbursement. icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 12:15 PM

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QUOTE(StevenL @ Jul 18 2011, 09:02 PM)
Can i file/submit the CKHT 1A & 3 forms myself? What are the accompanying forms to submit with this?
*
Sure. It's Form CKHT 1A and Form CKHT 3.

QUOTE(StevenL @ Jul 18 2011, 09:02 PM)
The lawyer charge bankruptcy search to me, is this necessary?
*
No. It ought to be borne by purchaser,not you.


QUOTE(StevenL @ Jul 18 2011, 09:02 PM)
Also the traveling expenses is RM150, is this ok?
*
Excluding filing CKHT forms? Just to do discharge? Any other charges, i.e. for papers, fax, tel, misc? If no other charges, then RM150 is fair. If got others, and this is just for transport, perhaps RM80-100 is fair. Depends on where your bank is located too. If far from the law firm, of course transport will be costly.

TSdariofoo
post Jul 19 2011, 12:17 PM

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QUOTE(itsybitsy @ Jul 18 2011, 10:25 PM)
I found out from this forum that bankruptcy search costs 12 per pax.

How to determine how many pax is involved in the bankruptcy search?
*
Depends on how many vendor(s) and purchaser(s) involved in the SPA. Pax refers to vendor & purchaser. icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 12:30 PM

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Bro, can you compare with the previous samples in this thread to get a fairer idea? There's about 30-50 samples of quotes with comments for you to compare. If still got doubt do come back and ask. icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 12:30 PM

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QUOTE(may1126 @ Jul 19 2011, 09:48 AM)
Thank you very much, u r not only helping me, but all the purchaser for this project who use same lawyer.
*
You're welcome cheers.gif
TSdariofoo
post Jul 19 2011, 10:54 PM

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QUOTE(WLB @ Jul 19 2011, 04:16 PM)
Need some information/advice

The scenario like this...The completion date on 13th Aug 2011 (just a few days)..Then my lawyers just send the MOT to developer and expected to be returned on 19th July 2011(today). At the same time, my bank lawyer has informed that she has just obtained the 2nd half year assessment for payment. The seller has to settle the payment first before bank lawyer can proceed to submit for the application for consent to charge. My lawyer said once the MOT is returned from the Developer’s office, they will submit for adjudication for stamp duty assessment and payment thereof.

When saw this scenario, it can take a few weeks maybe a month to settle?  rclxub.gif

The completion date 13th Aug 2011  cry.gif

Need some advice for this matter. 

Tq
*
Well, the completion date is not fixed and it may be extended if there is a delay on the part of the vendor as well. You mentioned about your lawyer just served with the payment of assessment by the vendor. Perhaps there was a delay from the vendor in that regard? So, the completion date would be extended beyond 13/08/2011.
Check with your lawyer as to the completion date first before getting unduly worried. icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 10:56 PM

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QUOTE(cnr89 @ Jul 19 2011, 06:04 PM)
I received a call from the lawyer that dealing with me. What a surprise me that they going to refund me full difference amount. And told no need to go their office for so call face to face explanation. Also they will bank in the cheque for me.
he said his managing partner (boss) misunderstand and now he already explain to him everything..
I don't know want can say about this professional lawyer firm.... haizzzz
anyhow, hope everything is settle from now. and hope receive their amount soon.
again many thank to you
*
Ok, good. All is settled then without any more fuss. Take it as an experience, I suppose. What doesn't kill you only makes you stronger, as the saying goes. smile.gif

Cheerios.

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TSdariofoo
post Jul 19 2011, 10:59 PM

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QUOTE(kei18kun @ Jul 19 2011, 09:42 PM)
Hi Dario, need your help

I just bought a second house worth RM180k, loan amount RM162k. The lawyer charged the bank RM3700 and charged me RM5900. The thing i don't understand why my sister the same thing bought second house RM290k and got charged RM5700?

Isn't the higher the value the house then get charged more? Please clarify. Thanks in advance. smile.gif
*
It's hard to advise you when the figures are stated generally like that. You need to insist for a detailed invoice/note of charges from your lawyer to compare. There would be many reasons for the difference - most probably it would be on the disbursements side. Try to get more details and I'll advise you further from there.

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TSdariofoo
post Jul 19 2011, 11:03 PM

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QUOTE(TheFear @ Jul 19 2011, 10:20 PM)
Hi Dariofoo & all,

***URGENT***

Pls help.....

We hv not taken any offer from bank nor signing the loan agreement yet, can SPA sign BEFORE the Loan Agreement/Letter of Offer from bank ???

As the agent said owner asking him some of the question that someone offer him higher price than us, so what would happen if he cancel option.....so agent want us to sign the SPA first!!

Pls help, plsssss.
*
Of course you can sign the SPA before loan agreement. In fact, most of the time, that is how it is done. The loan agreement is conditional upon execution of the SPA. Without an SPA, the loan agreement becomes redundant.

So go ahead and sort out the SPA.

Anyway, if there is a letter of offer to purchase, it would normally give the purchaser 14 days to prepare an SPA and forward it to the vendor. So, the vendor is still bound to obey the terms of the letter of offer. So, your position is secured there. icon_rolleyes.gif
TSdariofoo
post Jul 19 2011, 11:35 PM

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QUOTE(kei18kun @ Jul 19 2011, 11:32 PM)
ok thanks, then i'll make a payment first and get the note of charge. thanks for the help
*
Terbalik, boss. Ask for note of charges first, then pay. You must know what you're paying for first.

Know your rights,mate. nod.gif
TSdariofoo
post Jul 20 2011, 02:27 PM

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TheFear:
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1) As long as there is no conflict of interest in the view of the bank, there should not be any problem. If you have trust issues of your own, go apply from another bank then. Check with your loan agent and see how it goes.

2) Read all the clauses. Everything is important. With regard to penalty, you might want to check with the loan agent as different banks have different policies with regard to same.

3) It ought to be throughout the loan period.

4) If got title, get a copy of the title. If no title you can check with developer as their records will state the latest position with regard to ownership of all units.

5) No.

6) Agent need to be present as he is normally the witness. But make sure that owner has signed it as well. Insist for a copy.

Upon signing of SPA, the deposit is normally paid direct to the vendor.
TSdariofoo
post Jul 20 2011, 05:13 PM

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QUOTE(TheFear @ Jul 20 2011, 02:51 PM)
Im confused here, while signing Letter of Offer (loan) from bank, owner needed to sign it as well??
*
Sorry mate I must've read your question too fast. At quick glance I read it as Letter of Offer to Purchase the property.

Letter of Offer from bank is to be executed before the authorised bank officer. Vendor and property agent is not involved in this. Humble apologies. nod.gif

QUOTE(TheFear @ Jul 20 2011, 02:51 PM)
So, after if we hv signed the SPA, we give the owner 10% down payment of the purchased amount,
then the balance purchased amount which owner's bank & purchaser's bank will liase to each other
and transfer the balance $$$ right??
*
Yes, that is right. If you're taking 90% loan then there's nothing else for you to get involved in at the moment. But if you're taking less than 90%, then you have to deposit the differential sum with your lawyers as stakeholder. Only then will your bank disburse the redemption sum to the vendor's bank.

QUOTE(TheFear @ Jul 20 2011, 02:51 PM)
In that case, will the "Title" be finally transfer to purchaser name but hold by the purchaser's bank??
*
Yes, but title only applicable if there's individual title. Otherwise, it will be by way of Deed of Assignment. nod.gif
TSdariofoo
post Jul 20 2011, 05:14 PM

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ern43:
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Bro, can you compare with the previous samples in this thread to get a fairer idea? There's about 30-50 samples of quotes with comments for you to compare. If still got doubt do come back and ask icon_rolleyes.gif
TSdariofoo
post Jul 21 2011, 12:57 AM

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QUOTE(itsybitsy @ Jul 20 2011, 10:23 PM)
Does the lawyer have similar letter to state that the lawyer is acting on behalf of the seller?
*
No, it is not the norm for the lawyer to have such letters. If the vendor represents that xxx law firm is acting on his behalf, that ought to be good enough. Your lawyer can then communicate with them. nod.gif


QUOTE(itsybitsy @ Jul 20 2011, 10:23 PM)
If the documents are satisfactory, I will give the agent 3% deposit by cheque. In the event that the seller does not want to sell to me anymore before signing the S&P, I want to ensure that I get my deposit back, plus all legal costs that I incurred.

Do I need to prepare a letter stating the above? If so, can the seller's lawyer sign the letter on behalf of the seller?
*
Since there is an agent involved, there would be a letter of offer to purchase which the agent would request you to sign. If you want to add certain terms like what you mentioned, inform it to the agent and see if the vendor agrees to it. Everything is negotiable, but the terms must be mutually agreed by both parties.

Of course, the normal term would be that if the vendor refuses to proceed with the transaction for whatsoever reason, the earnest deposit must be refunded. Some letters of offer go further and states that the vendor must also give a sum equivalent to the earnest deposit as agreed damages to the purchaser (this can cover your legal fees, or any other incurred costs to date). Some allows for specific performance (SP). Some precludes SP. Read it properly before signing.

Good luck icon_rolleyes.gif
TSdariofoo
post Jul 21 2011, 12:16 PM

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QUOTE(trumpfnx @ Jul 21 2011, 11:43 AM)
Hi all,

I have a question :

1998 - Mr. A purchase a house at RM45k, with RM25 d/p and RM20 bank loan.

After a while, Mr. A sold this house to his two brothers, Mr. B and Mr. C for RM65k. However, they didn't sign any SPA, nor transfer the house ownership (Geran) to them.  Mr.B and Mr.C pay Mr.A RM45k with cash and continue to pay the bank loan.

2008 - the bank loan is completed. Mr. A transfer the name in the Geran to Mr. B and Mr. C, and there is no SPA as well.

2011 - Now Mr. B and Mr. C sold the house for RM62k to a buyer.

How much is the Real Property Gain Tax for Mr. B and Mr. C ? How should this be calculated ?

Thanks for all inputs !! Appreciate it notworthy.gif
*
In 2008, when the transfer was done, was it a transfer without any consideration out of love and affection, i.e. like a gift? If that is the case, the cost of acquisition would be nil.

Now that the price of disposal is RM62k, the gain would be RM62K less 0 = RM62K.

However, there are allowable expenses which may reduce the gain, i.e. renovation costs, legal fees (in 2008 and also 2011), stamp duty (in 2008, when the transfer was done).

Let's say the expenses are RM20k in total, so:

RM62K less
RM20K
______
RM42K

X5%
______
RPGT - RM2100.00

per pax is RM1050.00

icon_rolleyes.gif

This post has been edited by dariofoo: Jul 21 2011, 12:16 PM
TSdariofoo
post Jul 21 2011, 01:51 PM

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QUOTE(sheesheebaby @ Jul 21 2011, 01:39 PM)
Hi dariofoo,

Can you please help me?

We bought a leasehold property from developer and want to sell it now. According to the developer, the master title has already been subdivided last year but the title name is still under developer. They have submitted application to the state govt for their consent to transfer name to individual owners. My questions are:

1. Can we still sell the property or do we have to wait for the consent to be obtained?

2. Usually how long will it take for consent to be obtained?

3. Regarding the one time exemption for RPGT - the property is under my husband and my name, if we apply for the exemption, does it mean we have both used up our one time exemption?

Thank you so much.
*
1. You can still sell it. The developer subsequently can undertake to do a direct transfer of title to the new purchaser.

2. Very hard to tell, as it depends on the efficiency of the local authority, in particular, the person in charge of your file. Normally in an SPA where consent is required to be obtained, a time frame of 6 months is given. Sometimes, even 6+3 months.

3. Yes, both would be deemed to have used up your respective one-time exemption.

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TSdariofoo
post Jul 22 2011, 10:47 AM

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QUOTE(escargo75 @ Jul 21 2011, 02:57 PM)
I am thinking hard to change lawyer but what advantage it is to me if all my documents are with my lawyer?
*
Original documents? If photocopy only what's the big deal? Anyway, they can't stop you from changing solicitors. They can't hold your original documents as a 'ransom'. However, out of courtesy you have to pay some fees to them even if you want to change lawyers at this stage. Some work has been done.

Before you opt to take such a drastic measure, you might want to ask for copies of correspondence (should be e-mails) between both solicitors. See for yourself where the delay is coming from.

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TSdariofoo
post Jul 22 2011, 10:52 AM

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QUOTE(mcwong @ Jul 21 2011, 04:19 PM)
I just informed by my lawyer that purchaser loan solicitor will release the first payment to my bank this week. My lawyer say it needs another 1 month atleast to complete a whole transaction. I wander what is the procedure that takes so long? how can i speed up the process as is already since 1 year for this transaction.

thanks in advance.
*
What are the details of the property? Perhaps it is a leasehold property that requires consent from the state authority, hence the delay.

As to what you can do to speed things up, well, is is mostly your solicitors' duty, but perhaps you can make sure that all documents from your side have been handed over to him.

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