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

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hbgoh57
post Mar 31 2011, 02:33 PM

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QUOTE(dariofoo @ Mar 30 2011, 05:01 PM)
hbgoh57:

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The legal fees are alright.

With regard to disbursements:
1. Bankruptcy search - RM96 for loan? How come? If you look at SPA disbursements, RM12 has already been billed. There is no need to do it twice.
2. Purchase of facilities agreement - make sure that it is actually RM200. Some banks charge only RM100, some RM150, and some RM200. If in doubt, casually call the bank and enquire.
3.Stamping - Statutory Declaration    30.00
  Stamping – Statutory Declaration for owner occupation 30.00
* Only one copy needs to be stamped with RM10 nominal duty so it ought to be RM10 each.
4. Total disbursements for travelling, printing, misc, etc for both bills combined is RM500, which is very high. Normally when one firm is used for both SPA and loan these costs ought to be reduced. Or else, it would make no difference if you appoint another firm to do your loan doc.
Bumi discount is a separate issue from bumi lot. Bumi discount is across the board for all bumiputeras as of right, while bumi lot is as divided by the developer according to the directives by the relevant state authority. If your lawyer has done the relevant searches he can find out for certain on your behalf if it is indeed a bumi lot.

icon_rolleyes.gif
*
Thanks so much Dario.. you have been a great help to many of us who actually do not have much experience. It is easy for some unethical agents and also lawyers to manipulate us. For my case, the lawyer was actually recommended by the agent with the promise of 50% discount on the fee which i guess he eventually would jack up the disbursement to cover the 'loses'....

Anyway my biggest mistake was to hire the lawyer from the agent.. if i would have gone through the post earlier I would have realized how important it is to get the right lawyer.

I have one more query, if lets say the owner actually bought with bumi discount, does he or anyone of us need to pay back the discounted amount since it is sold to a non bumi?
TSdariofoo
post Mar 31 2011, 03:16 PM

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QUOTE(looprevil @ Mar 31 2011, 02:01 PM)
hi good day, i have some questions on the property ownership transfer procedure. In my case, my parents had a house which is under both me & my sister's name. Recently, my parents decided to buy a new house to put under my sister's name, and the current house transfer to my name. But after contacted the lawyer via phone, he told us that this direct property ownership transfer for this current house cannot be done, unless the current house installment is fully paid or we sell the house.  rclxub.gif  The lawyer ask us to arrange an appointment with him for more details.

need some guidance and advice from professions here, is that really we cannot direct transfer the property ownership?
my thanks in advance  notworthy.gif
*
You can still do a transfer subject to charge - assuming that there's an individual title. The financier may also require you to execute a supplementary agreement whereby you solely undertake to pay the monthly instalments. Diff banks may have diff procedures.

Is it really necessary to change ownership now when essentially (and realistically speaking) the 'owner' of the house is still the bank laugh.gif

This post has been edited by dariofoo: Mar 31 2011, 03:21 PM
TSdariofoo
post Mar 31 2011, 03:27 PM

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QUOTE(hbgoh57 @ Mar 31 2011, 02:33 PM)
Thanks so much Dario.. you have been a great help to many of us who actually do not have much experience. It is easy for some unethical agents and also lawyers to manipulate us. For my case, the lawyer was actually recommended by the agent with the promise of 50% discount on the fee which i guess he eventually would jack up the disbursement to cover the 'loses'....

Anyway my biggest mistake was to hire the lawyer from the agent.. if i would have gone through the post earlier I would have realized how important it is to get the right lawyer.

I have one more query, if lets say the owner actually bought with bumi discount, does he or anyone of us need to pay back the discounted amount since it is sold to a non bumi?
*
It's ok. It's never too late. icon_rolleyes.gif

QUOTE(hbgoh57 @ Mar 31 2011, 02:33 PM)
I have one more query, if lets say the owner actually bought with bumi discount, does he or anyone of us need to pay back the discounted amount since it is sold to a non bumi?
*
Nope. Discount is discount and no one needs to pay smile.gif
TSdariofoo
post Mar 31 2011, 03:27 PM

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QUOTE(drakenkorin @ Mar 31 2011, 01:42 PM)
cool, thanks a lot dariofoo smile.gif
cheers!
*
cheers.gif

Good luck
no-tech-know-logy
post Mar 31 2011, 04:09 PM

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Need some info on strata title for my apartment.
After i have paid all legal fees for the strata title, what is suppose to happen next? I made payment in 2008 but have not received any word on the title since.. sorry... i'm a first time property owner..
sansi
post Mar 31 2011, 06:02 PM

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Dario,

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QUOTE
Why discharge of charge 2 sets? There's 2 individual titles is it? Do check

My mistake.It's an individual title.So,any difference? Did they charged me twice?

Clarified with them 2 days back.Transportation fees changed to RM 100 & Misc changed to RM 100 as well.
The total now is RM 1772.
xSean
post Apr 1 2011, 10:17 AM

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i really don't know how to explain and very tired keep chasing the farking bank...

my completion date is 6th april and until now still not yet release the first payment to vendor's bank which the bank lawyer advised on 21st march...

the bank lawyer also delay, just waiting for undertaking letter from developer which they request on 21st feb....they only get the letter 16th march...every week i also got ask how...they say waiting letter lar, then on schedule...

this make me frust and give them a high node to them....keep on schedule but now near completion date......i did not delay my payment for them, even the valuation report.

almost 2 weeks, the farking bank still not release which i keep chasing my mortgage agent and don't know why the drawdown dept still pending....usually take 5 working days will release the payment...now 2 weeks already...

yesterday i keep chasing and today also chase...i really don't know who can i fark them except my mortgage agent which she already chase for me...

my s&p lawyer told me that i got 3 more weeks buffer after completion date coz vendor's lawyer delay on redemption letter but still not enough time coz after release first payment, they still need to do second advise to release the final payment and re-assignment...

i really don't know what to do as i cannot chase my lawyer and bank lawyer as now waiting for bank to release as the mortgage agent just cannot do anything but just help me chasing ...
TSdariofoo
post Apr 1 2011, 10:24 AM

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QUOTE(sansi @ Mar 31 2011, 06:02 PM)
Dario,

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

My mistake.It's an individual title.So,any difference? Did they charged me twice?

Clarified with them 2 days back.Transportation fees changed to RM 100 & Misc changed to RM 100 as well.
The total now is RM 1772.
*
If one individual title then only one discharge of charge would be required. Unless there's 2 charges on the property? hmm.gif Can't be...

Misc can only be RM50 maximum la boss. Even RM51 also prohibited. Check out the SRO which I uploaded. If they still don't understand it then point out to them that part of the SRO which says so. doh.gif

This post has been edited by dariofoo: Apr 1 2011, 10:25 AM
TSdariofoo
post Apr 1 2011, 10:27 AM

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QUOTE(xSean @ Apr 1 2011, 10:17 AM)
i really don't know how to explain and very tired keep chasing the farking bank...

my completion date is 6th april and until now still not yet release the first payment to vendor's bank which the bank lawyer advised on 21st march...

the bank lawyer also delay, just waiting for undertaking letter from developer which they request on 21st feb....they only get the letter 16th march...every week i also got ask how...they say waiting letter lar, then on schedule...

this make me frust and give them a high node to them....keep on schedule but now near completion date......i did not delay my payment for them, even the valuation report.

almost 2 weeks, the farking bank still not release which i keep chasing my mortgage agent and don't know why the drawdown dept still pending....usually take 5 working days will release the payment...now 2 weeks already...

yesterday i keep chasing and today also chase...i really don't know who can i fark them except my mortgage agent which she already chase for me...

my s&p lawyer told me that i got 3 more weeks buffer after completion date coz vendor's lawyer delay on redemption letter but still not enough time coz after release first payment, they still need to do second advise to release the final payment and re-assignment...

i really don't know what to do as i cannot chase my lawyer and bank lawyer as now waiting for bank to release as the mortgage agent just cannot do anything but just help me chasing ...
*
If got another 3 weeks after April 6th I think you can make it in time. Keep the faith,mate icon_rolleyes.gif
taysir17
post Apr 1 2011, 01:24 PM

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when we renovate in a major way,ie we change the structure of the house,do we need the side neighbours approval?

TSdariofoo
post Apr 1 2011, 03:25 PM

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QUOTE(taysir17 @ Apr 1 2011, 01:24 PM)
when we renovate in a major way,ie we change the structure of the house,do we need the side neighbours approval?
*
You need the approval of the Town/District Council (Majlis Perbandaran/Daerah) first before anything. nod.gif
homeanalyst
post Apr 1 2011, 05:29 PM

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hi.. i would like to know what is the requirements / procedure for a foreigner to buy a property in KL? whats the difference between buying by foreigner and buying by foreigner & local? thks.
tinkerbel
post Apr 1 2011, 06:19 PM

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As a foreigner, U get v much more benefits under the MM2H scheme. So if ur a foreigner, U should perhaps look and read about the MM2H scheme.
homeanalyst
post Apr 1 2011, 06:23 PM

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QUOTE(tinkerbel @ Apr 1 2011, 06:19 PM)
As a foreigner, U get v much more benefits under the MM2H scheme. So if ur a foreigner, U should perhaps look and read about the MM2H scheme.
*
checking now, million thanks! thumbup.gif
tinkerbel
post Apr 1 2011, 06:26 PM

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I compiled some information MM2H - it's in my other home pc. When I get home I'll perhaps open a new thread and post them here and U can take it from there biggrin.gif
tls2011
post Apr 1 2011, 07:35 PM

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Hai

i just got place my fees for a landed house, in the middle of looking for loan from bank
i received a call from the lawyer firm that my S & P is ready to be collect, then only i found out that
the developer have requested me to sign the so called part of the S&P letter and send it to the lawyer to process the S &P
my question is is this acceptable? if any dispute on the S & P, can they change or amend the content? or it is fix for all?

thanks




joanalooidog
post Apr 1 2011, 10:13 PM

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Hi all, on new property which is still under Master Title, bought from developer, how to know whether its a BUMI lot or NON BUMI lot?
In the S&P? Deed of Mutual? Any written docs? I'd checked mine but can't find. Plz help, tq
taysir17
post Apr 1 2011, 11:44 PM

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QUOTE(dariofoo @ Apr 1 2011, 03:25 PM)
You need the approval of the Town/District Council (Majlis Perbandaran/Daerah) first before anything.  nod.gif
*
but i thought before you obtain the council's approval,you need to submit a floor plan to your neighbours,both sides,front and back?also,a written agreement with signatures that signifies consent needs to be submitted prior to receiving the approval from them.that's what mppj requires,is dbkl any different?
TSdariofoo
post Apr 2 2011, 02:39 AM

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QUOTE(homeanalyst @ Apr 1 2011, 05:29 PM)
hi.. i would like to know what is the requirements / procedure for a foreigner to buy a property in KL? whats the difference between buying by foreigner and buying by foreigner & local? thks.
*
You would have to comply with FIC guidelines. Took the liberty to download it for you as it is quite lengthy. This one is up to 2008 so there might be some amendments to date. I would suggest calling the relevant authorities whose contact number is right at the end to get further clarification.

Attached File  FIC_Guideline.pdf ( 91.78k ) Number of downloads: 9


Tinkerbel is right about the MM2H thingy, but there are conditions to be fulfilled before one can even apply for MM2H. Once you're in the programme, you do get perks for purchase of property, among others. Here's a read which I came across which might be helpful. There's a contact number as well for further enquiries.

Attached File  mm2h3.pdf ( 81.31k ) Number of downloads: 7


Good luck icon_rolleyes.gif
TSdariofoo
post Apr 2 2011, 02:42 AM

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QUOTE(tls2011 @ Apr 1 2011, 07:35 PM)
Hai

i just got place my fees for a landed house, in the middle of looking for loan from bank
i received a call from the lawyer firm that my S & P is ready to be collect, then only i found out that
the developer have requested me to sign the so called part of the S&P letter and send it to the lawyer to process the S &P
my question is is this acceptable? if any dispute on the S & P, can they change or amend the content? or it is fix for all?

thanks
*
I don't quite follow you, sorry. Are you saying that the developer has not signed it yet but has requested you to do so first?

Well, if you're really concerned, you can:

a) Initial on every single page;
b) Ask the lawyer to make a photocopy of it after you sign it and counter-check it afterwards when you receive the stamped copy.

Hope I understood what you asked correctly. If not, do clarify again and I'll get back to you nod.gif

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