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cngi
post Oct 27 2010, 11:51 PM

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i book an condo which going to start construction and plan to completed in Dec 2013. Below is my question.Thanks.

How can we know the valid expected date to complete,in case if after over the expected date, we can sue developer for their delay to deliver project?

If i sign SPA on 1.11.2010 , means on 1.11.2013 the condo need to be completed ?Is that start counting 3 years from the date on signing SPA? If not, i can take legal action for them right? since the sub-divided is for 3 years period from what i understand.

Is the 3 years period include get the CF and key?

Is there any advantage to use developer own appointed panel solicitor for both developer side and financier side? Is that compulsory to use their service?

Do any law now to protect buyers in case the construction project stall in the middle?

If my bank financier no transfer money to developer after 14 days they recieve Letter of Undertaking, is that my faults to enable them to penalty me on interest?

Normally how long it takes to transfer master title to strata title?If i not mistaken, for newly built condo it is master title right?
cngi
post Oct 28 2010, 10:45 PM

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QUOTE(Seremban_2 @ Oct 28 2010, 09:10 PM)
Newly built condo definately is a master title. Depends actually, you need to check out the background of developer and seen took 5yr to 7yrs.(depends)

If the developer free S&P and Loan fees then you are at disadvantage to use developer own appointed panel solicitor. You need to check out/question the sales person.

Normally the project all complete and meet the requirement then developer would only apply for CF.
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The developer free S&P for legal fee and stamp duty . But for loan agreement side not free.
What you mean for " If the developer free S&P and Loan fees then you are at disadvantage to use developer own appointed panel solicitor. "
cngi
post Oct 28 2010, 11:48 PM

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QUOTE(dariofoo @ Oct 28 2010, 11:01 PM)
Sorry had a busy day.

Look at your agreement to determine the completion date. If vacant possession is handed to you after the completion date, the developer has to pay late penalty interest.

Yes the completion date starts running from date of execution of the agreement.

Vacant possession is the right term to be used. You will be given the keys, as well as a checklist of all the items included in the sale. A checklist for defects would also be needed to be filled up and returned to the developer for their action.

It is not compulsory to have a common solicitor with the developer. You must remember that the solicitor acts for the developer and not you. As such, don't expect any calls to the solicitor for follow up and complaints against the developer to be entertained. You are deemed to be unrepresented. If you choose to appoint your own solicitor, it would be good in the sense that your lawyer can keep a check and balance on things. The drawback is that you would have to fork out fees? At what price is your piece of mind? Ask yourself that.

With regard to abandoned projects, it's a sticky situation. You can file a lawsuit in Court to compel the developer to complete the project, or sue for losses, but in most events, the developer would've long gone and buried, if not already wound-up or with plenty of creditors chasing after them. So at the end of the day, it'll be a paper judgment for you even if you win the case.

What interest are you talking about? Why would you say the Bank won't tranfer the money to the Developer? If all is in order, and if there is no delay on your part, of course the money would be disbursed. Don't worry about things that haven't, or may not, happen.

With any new development, it would be a huge master title at first. The developer has the duty to apply for subdivision. The agreement ought to provide the timeline for the Developer to subdivide the title, and if i'm not mistaken, it's 24 months from the date of the agreement.

You'll be surprised that some developments already have individual titles when launched. It's one of the perks of the packages thrown in. The faster individual titles come out, the better it is. In your case, it'll be a strata title.

Hope the above helps. Cheers.
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Thank you very much for your detail explaination. thumbup.gif thumbup.gif rclxms.gif rclxms.gif
My concern for late disbursement from bank to developer, is because i had heard some case really happen on penalty being charge on buyers,due to the bank late disburse the money to developer after receive the letter of undertaking.

Is it compulsory for developer to state black and white regarding the maintenance fee per square feet and sinking fund inside SPA? To prevent they change the rate once construction completed.

The solicitor for developer side is their own panel.So they free us the SPA. For loan agreement side, the developer also their appointed back end financier. I think the solicitor for bank side may also their "own people".

Won't be the housing ministry safe-guide our buyers interest in case housing project stalled? As the ministry need make sure the progressive payment made to developer must use to fund the project?

Another things is will bank private caveat our property on our behalf? Or we need to do it ourself?
cngi
post Oct 29 2010, 10:05 PM

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Normally,in newly built-up condo ,how long it takes to setup a joint management body?

When the Deed of Assignment is going to signed?

The document to sign when master title divided to strata title is called MOT?

Thank you.
cngi
post Oct 30 2010, 11:00 PM

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Just curious to know what happen if a leasehold property really come to end likes 99 years??will be be demolished? or penalty?
cngi
post Oct 31 2010, 10:31 AM

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For the Loan Agreement, can the stamp duty be discounted 50% now even before 1.1.2011? Or stamp office must follow government after 1.1.2011.

Is that up to solicitor's decision to give how many discount on Loan agreement's Legal Fee? In some new project, the SPA legal fee is given free, can we request to free the Loan Agreement's legal fee as well?

If the developer solicitor and bank solicitor is the same person, will it offend the law or conflict of interest?

Thank you.... notworthy.gif notworthy.gif notworthy.gif
cngi
post Oct 31 2010, 02:52 PM

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QUOTE(dariofoo @ Oct 31 2010, 11:38 AM)
From the what the PM announced in the budget (which doesn't make it official), it did sound like only stamp duty on the Memorandum of Transfer or Deed of Assignment will be given a rebate of 50%. Am not sure if the ad valorem stamp duty on your Facilities Agreement will be entitled to a rebate or otherwise. It is best to wait for an official announcement and guideline. In any event, I don't think you would be entitled to any rebate now itself.

Your legal fees for the S&P may appear to be free, but trust me, it has been factored into the purchase price of the house already. Like I said earlier, there's no such thing as a free lunch. There's no reason why the Developer must absorb the fees for you.

Certain Developers would also promote 'free' legal fees for loan documentation as well. You would have to check with them with that. Normally if that is offered, you would have to take one of their panel law firms who, of course, act for one of their panel banks.

When you say Developer lawyer - do you mean the lawyer for the S&P who represents the Developer and where you are deemed unrepresented? And when you say Bank solicitor, it is the solicitor who is handling the loan documentation for you?

Or do you mean the Bank solicitor who is handling the end financing fo the Developer? As you must remember that the Developer normally has an end-financier as well who provides borrowings to the Developer to run the project.
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yes..what i mean is lawyer who represent developer to prepare SPA. and lawyer who represent bank to provide loan agreement for buyers.
If these two lawyer are same person, will it conflict of interest?
cngi
post Nov 29 2010, 12:56 PM

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If loan amount RM256,580, legal fee charged for loan agreement is RM5029.
Is that amount reasonable?

Thanks.
cngi
post Nov 29 2010, 02:24 PM

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QUOTE(dariofoo @ Nov 29 2010, 01:11 PM)
doh.gif Can you be more specific? Can you post the whole invoice/note of charges here?
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Sorry for not too specific biggrin.gif

Actually, i still havent get the legal fee's invoice/note of charge.

My LA legal fee is add into loan package. Legal fee for S&P is waived.
My loan amount 90% =256,580.
The bank's offer letter quote me RM5029 for LA legal fee.
The problem is after i sign the offer letter i only thought of i havent check the invoice/note of charge of legal fee.
So i don't know what being charge on me.

I havent sign S&P and Loan agreement yet. Just to ask:

Question:
1) Am i still able to get discount from lawyer to deduct from LA legal fee before sign S&P and LA?(i know is illegal for lawyer to discount)

2) if can deduct, then the loan amount to disburse as stated in offer letter can changed from banker side ?

Thansk.


cngi
post Feb 28 2011, 03:31 PM

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Dear Dario,

Normally how long time will takes for developer sign on SPA and revert back to lawyer for stamping at LDHN office?

Thanks
cngi
post Feb 28 2011, 05:52 PM

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QUOTE(dariofoo @ Feb 28 2011, 03:57 PM)
3-5 working days at the earliest  nod.gif
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How about if buyers already sign, but developer purposely delay the submission of signed S&P to lawyer, thus delay the stamping of S&P? Any rules/law preventing them from doing so?


cngi
post Apr 5 2011, 05:59 PM

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QUOTE(dariofoo @ Mar 2 2011, 05:48 PM)
Are you speaking from experience or are you giving a hypothetical situation? In reality there's no reason for the developer to intentionally delay. The sooner the SPA is executed, the sooner the purchaser can apply for a loan, the sooner it can be approved (or rejected, and the sooner the developer can start looking for another purchaser), and the sooner the developer can receive the money.

There's no rule/law to prevent the developer from doing so - i.e. delaying executing the agreement. Nothing specified in the sample agreement too (Schedule G & H).
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I am speaking from personal experience. Loan agreement and SPA already sign around 3 weeks ago. Just wonder developer never ask for 10% downpayment yet. 10% downpayment pay only after SPA being stamped right?
Wonder they only want to start for stamping if they about want to start for construction, so that wont delay in 3 years delivery period. 3 years construction devlidate count from 1st day of stamping date right if i am not mistaken?


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