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TSdariofoo
post Sep 7 2011, 09:26 PM

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QUOTE(jessy123 @ Sep 7 2011, 06:16 PM)
thank you so much, Dario..

you have been a great help to us forumers..we all do owe you loads of lunches! tongue.gif
*
You're welcome, jessy. Small matter. Do drop by again. icon_rolleyes.gif
TSdariofoo
post Sep 7 2011, 09:56 PM

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QUOTE(jessica128 @ Sep 7 2011, 09:28 PM)
Dear Dario

I have a problems here.i bought a properties subsaleansd just get a key yestersday but as i go into the premises,i notice there are leaking in some area.can i ask the previous owner to repair it as the lawyer not yet release the balanxce sum to him?in the s&p written

"in the event of any material change in the consdition state nature or character of the property between the date of this agreement and the delivery date,the vendors shall forthwith make goosd the same at the vensdors own xcost ansd expense."

Pls asdvise Dario,the previous owner must repair ?or can i abort this deal ands ask him refund to me if he dont want to repair?i just get a key yestersday
Thanks
*
Yes, of course, but your solicitor cannot withhold the balance purchase price. It still has to be paid out to the vendor. Get your lawyer to write a formal letter informing the vendor or the vendor's lawyer of the defect. Arrange for a time and date, soonest possible, to view the unit and assess the situation.

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TSdariofoo
post Sep 7 2011, 10:01 PM

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QUOTE(Breaktru @ Sep 7 2011, 09:54 PM)
Hi there Dario , really need info about this ,

I would like to know if I can get back my booking fee in this scenario .

1. I paid the agent , their company is Oriental to book a condo unit
2. They give me time to process my loan
3. Now let say I want to change my mind , it is since around 1 months after booking fees paid , I would like to get my booking back and cancel my interest on the particular unit .

So , I talked with the agent , he said that because the time passed so long , I will not be refunded . Then , he say it will only be refunded if the loan processing failed . Any opinions ?
*
I'm sure the agent would've prepared a Letter of Offer to Purchase for the vendor and you to sign. Look at the terms and conditions stated there in relation to your situation now. The usual situation would be that the booking fee would be forfeited by the vendor in the event you abort the transaction, unless you fail to obtain a loan within xxx days. Since the agent mentioned something along those lines, I can only assume that same is the scenario in your case.

So keep your fingers crossed that your loan application will be rejected by the bank. Or else, I doubt if the vendor would be willing to just refund to you the booking fee as he has given up a month waiting for you when he could've sold it to another party.

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TSdariofoo
post Sep 7 2011, 10:09 PM

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QUOTE(jessica128 @ Sep 7 2011, 10:03 PM)
but its not written in the agreement that the vendor have to repair

in the agreement said

"fair wear and tear excepted"

if the vendor dont want to repair.what action can i take?can i abort the deal ansd ask the vendor to refund me the deposit ?
*
Of course there is no direct term that the vendor has to repair, so the part which says so is:

"the vendors shall forthwith make good the same at the vensdors own cost and expense."

Make good = repair.

Leaking is a defect and is not mere 'fair wear and tear'.

Abort the deal? Isn't the transaction completed by the fact that you've collected the keys? Deposit? Wouldn't you have obtained a loan and gone through the whole process? hmm.gif
TSdariofoo
post Sep 7 2011, 10:13 PM

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QUOTE(Breaktru @ Sep 7 2011, 10:03 PM)
Anyway to make the loan rejected ?
*
How to make loan rejected? Sorry la boss that is beyond my area of expertise. laugh.gif

Open a new topic in the forum itself and gauge the response. Am sure some folks out there can help you.


QUOTE(Breaktru @ Sep 7 2011, 10:03 PM)
Or ... how about we discuss if gettig part of the fees back , maybe 60-70% .
*
Can nego, but usually if you had paid 2%, then 1% normally would go into the agent's pocket for his efforts. See how it goes. Depends on the vendor. If he is kind and easy going then he may well refund you in full.

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TSdariofoo
post Sep 8 2011, 02:41 AM

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QUOTE(jessica128 @ Sep 7 2011, 10:23 PM)
ya the transaction completed ansd resdemption sum paid.but my lawyer stil hold the balance.can i ask my lawyer not to pay him ansd abort the transaction?if he really dont want to repair how?i really want to abort the deal.any action can be taken?  pls help Dario.This is subsale .
*
No la you can't "abort". The contract doesn't even stipulate this as a material breach which goes to the root of the contract in order for you to nullify it.

Your remedy is to sue the vendor separately if he still doesn't comply with the contract. Your lawyer still has to release the balance purchase price to the vendor. That is the way I see it based on the information you've provided me with as I do not have the liberty of perusing through your SPA.

For further clarification I suggest that you seek your SPA lawyer's advice.

Don't jump to conclusions and assume that the vendor will not repair the defects. With some diplomacy and tact, this small matter can be resolved without the need to seek "abortion" smile.gif

Good luck icon_rolleyes.gif
TSdariofoo
post Sep 8 2011, 02:44 AM

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QUOTE(juneww @ Sep 7 2011, 10:22 PM)
Hi there Dario, can you please take a look on the refinancing loan legal fees? It's charge very expensive right? Thanks.
*
You ask a question and give the answer at the same time? notworthy.gif

Download the SRO at the first page of this thread.

Reasonable/expensive or not - please refer to previous invoices and comments thereto in the previous pages of this thread.

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TSdariofoo
post Sep 8 2011, 02:48 AM

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QUOTE(Milo_O @ Sep 7 2011, 10:24 PM)
My question is if i draft the rental agreement exactly the same as the old one, and i also go to the LHDN office to get the stamp duty chop on it, it is still valid ?
*
Of course. No problem.

QUOTE(Milo_O @ Sep 7 2011, 10:24 PM)
What i did is only make new pages with the tenant details while the rest of the pages, i make a photocopy from the old agreement.
Rgds,
Milo_O
*
If the contents of the old agreement are favourable to you as landlord and you're ok with it, then go ahead. Don't waste time engaging lawyer or agents to prepare the tenancy agreement for you.

Then with the money saved you can upgrade from Milo O to Milo Peng kau kau nod.gif

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This post has been edited by dariofoo: Sep 8 2011, 02:49 AM
TSdariofoo
post Sep 8 2011, 03:59 PM

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QUOTE(Milo_O @ Sep 8 2011, 09:21 AM)
If i have the chance to meet u in person, i'll treat u Milo Peng kau kau  rclxms.gif  notworthy.gif  icon_rolleyes.gif  thumbup.gif
*
I.Am.A.Computer.Programme.Created.By.Lowyat.Net nod.gif
TSdariofoo
post Sep 8 2011, 04:03 PM

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QUOTE(win44 @ Sep 8 2011, 10:35 AM)
Hi,

I've been renting a Condo for 3 years now.
The main Door slammed shut because of strong winds, and now there is a crack in the door, about 5 inches long.

Now i am moving out,
The Landlord wants to replace the door and wants to deduct the cost from my deposit. (~RM900)

Am I liable for this?
First of all, i have done some reading, and have come up with the following:

1. The damage was caused by wind, and not an act of carelessness or negligence.

2. There was no latch behind the door to keep the open door from slamming.
Therefore, i am not careless/negligent to use the latch, as none was provided.

3. I read that in foreign countries, such as New Zealand, that tenants have a right to keep their doors (or windows) open.
and that keeping a door open is not a form of negligence or carelessness.

4. I believe that strong wind is an act of God, that cannot be predicted.
And that it is part the LandLord's Risk when renting out his property. (is this true in Malaysia?)

I proposed paying half for the door, but the landlord insists that it was my fault because i left the door open when the wind blew.

Can the landlord really deduct my deposit for a new door?
Or is this considered normal wear & tear?

P.S. - I have repaired the door by sealing the crack with a very strong polymer (i am a Chemical Engineering student), the polymer is clear, so you can see the crack, but the crack is sealed, and the door is still functioning. I believe it is still in tenant-able condition, and should not be replaced.

Thank you so much
*
A 5-inch crack is clearly a serious defect and the landlord has the right to compel you to pay for it. It is not usual wear and tear. The fact that you attempted to remedy it by putting in polymer does not change the fact that the defect is still visibile.

Your research and arguments are commendable but it will be a valiant effort. You were clearly in the wrong. That is my professional opinion.

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TSdariofoo
post Sep 8 2011, 04:04 PM

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QUOTE(jessica128 @ Sep 8 2011, 11:00 AM)
thanks a lot dario.i already ask my lawyer.he said this leaking already happened when i view the unit.not after the s&p
*
Is this true? That you knew of the leaks when you viewed the property?

TSdariofoo
post Sep 8 2011, 04:59 PM

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QUOTE(jessica128 @ Sep 8 2011, 04:14 PM)
i diont know the leaks when i view but the vendor told the lawyer the leaks is there when i view but i didnt ask for repair so he already sold me the unit with discount.
*
There you go. You knew of the leaks and the vendor sold it to you with a discount due to the leaks.

QUOTE(jessica128 @ Sep 8 2011, 04:14 PM)
"force Majuere"
"in the event the property or any part thereof is prior to the date of delivery of vacant possession ,damaged or destroyed by fire,lighthing,tempest ,flood,riot,eathquake,civil commotion,malicious act and such others causes not due to the fault of the purchaser,the purchaser shall be entitled to terminate this agreement"
*
Force majeure does not apply in your case.


QUOTE(jessica128 @ Sep 8 2011, 04:14 PM)
What action can i take to terminate the transactions?
*
You can't terminate it. You had purchased the house on an "as-is-where-is" condition. It came with the leaks, and you got a discount in lieu of the vendor repairing same. If you had informed me this in your first post much time would've been saved instead of beating around the bush.

This is as far as I can advise you. If you want to proceed further please seek legal advice from another lawyer apart from your SPA lawyer.

Good luck. icon_rolleyes.gif
TSdariofoo
post Sep 8 2011, 05:01 PM

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QUOTE(Eng_Tat @ Sep 8 2011, 04:31 PM)
hi dario, can you advise me on how to put on stamp duty for tenancey agreement? rental amount is rm550 a month x12 (option to continue another 1yr). thanks
*
RM17.00 for principal and RM10 for every duplicate copy. icon_rolleyes.gif
TSdariofoo
post Sep 8 2011, 10:59 PM

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QUOTE(teoanne @ Sep 8 2011, 04:59 PM)
hey dario,

one of my tenants would like to renew his tenancy. i dont intend to change any terms and conditions and would like to keep it at the same rental price. therefore i feel that a new agreement need not be drafted. is it enough for me to just write a letter to him stating that the agreement will be renewed with the same T&C as before? What about stamp duty etc? thanks
*
Two schools of thought:

1) Just prepare a supplementary letter stating that the tenancy shall be renewed subject to the terms and conditions of the previous tenancy agreement. Save costs as it need not be stamped.

A document which is not stamped is not admissible as evidence until it is duly stamped. Since a dispute may arise months down the road or at the end of the tenancy, such delay will attract a penalty by LHDN when it is eventually sent for stamping.

2) Prepare a fresh tenancy agreement and get it duly stamped. Spend a bit extra but peace of mind knowing that all is done in accordance with the law.

In reality, lots of people just go for option (1).

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TSdariofoo
post Sep 8 2011, 11:02 PM

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QUOTE(ches7788 @ Sep 8 2011, 05:07 PM)
Hi Dario, need your help here.
I want to sell of my units. It is a leasehold condo. I got the letter from developer to execute the MOT at S&P lawyer office. Since I plan to sell off, I am not going to execute the MOT. I will directly transfer the name to the buyer.
*
Whether the developer allows for direct transfer is at their sole discretion. So do check with the developer first.

QUOTE(ches7788 @ Sep 8 2011, 05:07 PM)
Potential buyer is asking how long does it takes for the process from signing S&P to get the name transferred and strata title issued under buyer's name?
*
Hard to tell. No two transaction can be completed at the same time. Depends on the efficiency of the lawyers, banks, state authorities, etc.
Ask your potential lawyer for a timeframe, but I bet even he would be reluctant to state so, as you might hold him to his word which could mean trouble for him if there's a delay.

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TSdariofoo
post Sep 8 2011, 11:04 PM

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QUOTE(Eng_Tat @ Sep 8 2011, 05:17 PM)
hmm, both are identical copies, so just wack one 17 and 10? btw who shud hold the pricipal copies the tenant or landlord? thanks alottttt  rclxms.gif
*
No. One must be marked as ORIGINAL and another as DUPLICATE at the top right portion of the first page when sent for stamping.

Tenant retains original and landlord retains duplicate. Legal fees are often, if not always, borne by the tenant.

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This post has been edited by dariofoo: Sep 8 2011, 11:05 PM
TSdariofoo
post Sep 11 2011, 10:40 AM

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QUOTE(BboyDora @ Sep 11 2011, 10:29 AM)
sorry..tumpang topic.

No worries of tumpang topic - this is an open topic for QnA relating to legal matters.  icon_rolleyes.gif

I wanna ask is it possible for a non-bumi to buy the bumi lot (house)?
Currently I`m interested in the house and found out is a bumi lot. The owner definitely is a Malay and I'm not a Malay.

The agent told me can buy if I interested. Worry I being conned by the agent.

Sorry for a noob question. Thanks in advance notworthy.gif  notworthy.gif
*
First you ascertain if it is designated as bumi lot or it's just that the owner bought it with bumi discount. There is a difference in both. If just bumi discount, then no worries, go ahead. If bumi lot, then you first need to check with the developer as to the particulars of the Master Title and ascertain the restrictions placed by the State Authority.

In most instances of bumi lot, transfer/assignment to non-bumi is not allowed, as it defeats the purpose of bumi lot allocation. You can apply to the State Authority for consent, but it is not easy to obtain same, especially for subsale. If new development, the developer can back you up by showing supporting documents to prove that they have advertised and tried to sell the bumi lots to bumis, but no response. So they assist you to open bumi lots up for non-bumis to take up.

Some people claim can do under table, under water and under a lot of things to get consent but your bear the risk of all that as all that is unofficial.

This post has been edited by dariofoo: Sep 11 2011, 10:43 AM
TSdariofoo
post Sep 12 2011, 05:27 PM

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QUOTE(jdgobio @ Sep 12 2011, 03:02 PM)
Hi Dario,

I'm in a predicament and need some advice. About a year ago I agreed to sell my apartment. The buyer paid 3% to the agent and I signed the booking receipt agreeing to the transaction. At that time my property's strata title was in the process of application and the lawyer told me it will be completed in 2 months. However, there were delays later due to developer not willing to transfer the title to me as its an aution property so they wanted to transfer to the original buyer and so on ... the whole thing got delayed.

Now 1 year later I still don't have my title but my lawyer tells me I will get it in about 6 months (its already been 18 months since I paid the money to the lawyer to do the transfer).

When I told the buyer about the delays last year he said he is willing to wait, no problem. My issue now is that now the property price has increased substantially over the last 1 year and I want to get out of the agreement which the buyer locked me for 1 year plus.

What can I do to get out of this agreement? I am willing to pay reasonable compensation to the buyer but do I have to compensate the agent as well? And will the agent refund the deposit collected to the buyer?

Pls advise. Thanks.

P.S. Some may think that I am greedy but in truth the property did not appreciate for 6 years and the price I agreed to was at a loss. Now I finally have a chance to recoup all the money I ploughed into this property and break-even.
*
Well, you can't just back out at this stage even though you did not mention whether an SPA has been executed or otherwise. Even with that booking form and proof of payment of 3% being earnest deposit, it is good enough to form a binding contract. If you abort it:

1) You have to refund 3% to the purchaser (instruct the agent to do it, he cannot refuse to do so as he is holding it as stakeholder only)
2) With regard to agent fees - read what is provided for in the booking form - there ought to be something there about agent fees in the event of abortion of the transaction
3) You may have to pay a sum equivalent to the 3% - read what is provided for in the booking form.

Unless specifically excluded for in the booking form, the purchaser has the right to go for specific performance against you, i.e. to obtain a court order to compel you to sell it to him at the price stated in the booking form.

So if you want to pay him damages, that is between you and him.

Note: The above advice is based on the premise that there is no SPA and that parties still rely on the booking form and its terms and conditions.

Alright? icon_rolleyes.gif


TSdariofoo
post Sep 13 2011, 01:57 AM

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QUOTE(innocent_girl @ Sep 12 2011, 10:00 PM)
Hi,
I need advice. My dad own a property and blindly signed a tenancy agreement prepared by the tenant few years ago. There isnt any early termination clause for landlord.
In this case, can my dad transfer the property to me?
If yes, is the tenancy agreement still valid as my dad is no longer the landlord.

Thanks.
*
Yes of course he can transfer it. Just because it is tenanted doesn't mean that he can't sell/transfer title to another party. Read the terms of your agreement and look for a term which provides otherwise, for example a clause whereby the landlord covenants not to transfer/sell the property to another party throughout the tenure of the tenancy. It sounds absurd and is not the common way of doing it but who knows, perhaps the tenant inserted it to protect himself.

If the clause is there, then perhaps your dad's intention of transferring it to you would have to be put on hold at the moment.

Same goes for your second question - look at the agreement and see if there are such terms which states to the effect that the tenancy will bind the heirs,successors-in-title, subsequent transferee of title, etc. If there is such a term, then the tenancy will continue despite a change in ownership of the property.

So you see, there would not normally be a term which prohibits the landlord from transferring to another party, thus terminating the tenancy. It would be enough to have a clause which provides for the tenancy to continue to be in effect despite a change in ownership. The tenant ought not care who the landlord is, as long as his right to have the tenancy continue until the end of its tenure is safeguarded.


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TSdariofoo
post Sep 13 2011, 01:03 PM

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QUOTE(gunh @ Sep 13 2011, 11:09 AM)
i would like to ask for a case of an apartment.  The apartment has been almost 20yrs, and there are sign of leaking of water from the unit above into my unit.  (infact a lot of units have the same problem for the whole block).  So under this case, how should i go about? log complant to the management?  who should do the repair?  what if the owner unit above is not cooperative? what can i do?
*
There was an almost similar question by eurayle @ Jul 15 2011 in this thread. Do take a look at the QnA between us. If still got any questions, do come back.

It might be an issue with the main pipes (as you said many others are facing the said problem), so it could be something for management to look into.

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