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

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cnr89
post Jun 14 2011, 10:49 AM

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Hi Sifus and Experts,

Some question seeking your advice.
I am going to sell my house, after both buyer and myself signed the S&P. During this execution period (3 to 6 months), who will be responsible for property damage problem like fire, earthquake, etc …??
Also in other way round, if there is good thing happen to the property like lucky draw, etc.. who will benefit on it since myself and the new buyer have signed the new S&P?

cnr89
post Jul 15 2011, 03:27 PM

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Hi Dariofoo
I am stuck with the problem below. I hope you can give some advice?
Situation as below:
I purchase a house recently and I request bank to include legal fees into my loan amount.
The bank has included RM 10k of legal fees on top of my loan amount. (The bank officer told that this is just an auto generate amount, which will definitely higher than actual legal fees).
Then I appoint a lawyer to process my loans and others, after I get a quotation which legal fees after discount is RM6K (disbursement charges is around 3k).
After that they charge to bank RM9K (disbursement charges is around 4K).
Their promise in beginning is the difference RM3K (RM9K- RM6K) will refund to me.
Problem:
But now they informed that the refund to me is only the discount for the portion of charges for property sales & Purchase agreement. Which the difference for the disbursement cannot be refund to me.
My question is what is the purpose for the quotation to me? Just try to cheat me by showing good price so that I will use their service?
The disbursement charges listed in my quotation is only RM3k. But can they charge RM4K to bank?
If can, the differences RM1K should refund to me. Right?? Or they no need refund to me.
The lawyer now insist only refund me the discount for the portion of charges for property sales & Purchase agreement. And inform that if I not happy with this can go report police.
I feel like I been cheated, as what they promised or inform is totally difference at the end.
What can I do on this case?

cnr89
post Jul 15 2011, 05:07 PM

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QUOTE(dariofoo @ Jul 15 2011, 04:30 PM)
How do you know that they charged to the Bank 4k in disbursements? Do you have a copy of the note of charges/quotation sent to the bank? Or do you only have the note of charges/quotation sent to you?

Would need more info - something black and white - in order to advise you accordingly. Cakap mulut evidence is of no use.

Upload some docs and let's have a look.

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Hi Dario, thanks for your prompt reply

they send me the bill that charge to Bank.
so in my hand i have both copy of quotation, 1 is quotation to me, another 1 is to bank.
i do not know how to upload doc. furthermore i feel not that good to publish the quotation on the discussion page.
Is it convenience pm me you email address? then i email to you?

thanks in advance...
cnr89
post Jul 15 2011, 06:14 PM

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QUOTE(dariofoo @ Jul 15 2011, 05:42 PM)
Sorry I do not do advice via PM. All QnA is to be posted here for the benefit of other forummers too.

You can black out the details of the firm, if you feel that it is not good to publish it, although there's nothing wrong in doing so.

Ball is in your court,mate  smile.gif

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i am soory to informed that the earlier figure is just for easy explanation purpose only.
the correct amount is as attached or below

1) quotation to me - RM 4691.14, (disbursement charges is RM 2348)
2) charge to bank - RM7302.72, (disbursement charges is RM 3320)
3) the correct amount should refund to me is RM2611.58 (RM7302.72 -RM 4691.14). which this is an overall price difference in two quotation.

but now they only agreed to refund me the discount for the charges other than disbursement and government tax which is only RM1544.42.

the difference for the disbursement RM972 (RM3320- RM2348) will not refund to me. which means this RM972 is an extra that going to their pocket.

actually this is not only about the money matter. it is also about i feel like cheated and folly by people.

This post has been edited by cnr89: Jul 18 2011, 01:48 PM
cnr89
post Jul 15 2011, 11:40 PM

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QUOTE(dariofoo @ Jul 15 2011, 07:12 PM)
cnr89,

Difference in first quotation and second quotation is quite substantial. The disbursements in the second quotation are really marked up quite ridiculously, if I may say so.

This leads to the question - which is the correct quotation?

In fact, we can't call it quotation - it is a final note of charges. A quotation may be a draft.

So you need to ask the lawyer this.

Even if you put aside the discount issue and what not, the legal fees for the loan documentation for both notes are not the same, even though the fees are fixed, scaled fees.

For starters, write a formal letter of complaint first to the law firm. If there is no response, then write to the Bank.

Just wondering, did you ask for a discount from the lawyer?  hmm.gif
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Hi Dario

oh ya i also did not notice the legal fees is difference.
i request them a best price (you can said discount) before i appoint their service. Then they give me the quote RM 4691.14.
In beginning, they just verbally give me the price. They only give me the copy of quote when i insist of it.
Do you means letter complaint to this lawyer firm? or complaint to lawyer bar council?
If to lawyer firm, they will not entertain me. They not reply my email, even i asked a simple thing like "when can refund the difference amount to me".
Then i call up talk to the boss, he said this is the only amount they can refund. If want then come to collect. If not satisfy can report to police. Also he said can face to face talk about this thing. So now i thinking to go the lawyer firm to get an explanation from him face to face. And at least get back the legal fees difference first.
What to write to bank actually? Anyway i don't think bank will layan me, since this is issue between the lawyer firm and me.

Is it in the lawyer firm can simply put any charges of amount of the disbursement in the final notice to Bank? or they should follow the disbursement charges as what listed in the quotation to me?
I wanna know whether i am in the right side? If yes, then i can only confident fight for my right.

cnr89
post Jul 16 2011, 11:53 AM

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QUOTE(dariofoo @ Jul 16 2011, 12:54 AM)
That's where the problem started. They take you for a ride when you ask for a discount.
Complain to the firm in writing. State that the first invoice was xxx but the second invoice was xxxx amount. Ask for an explanation. Only when you're not happy with the explanation, do you complain to the Bank. It is your money anyway. The Bank incorporates the legal fees into the loan but at the end of the day, you're paying for it.
No they can't as you're paying the legal fees by virtue of the loan agreement. It is incorporated in your repayment. It's different if the Bank absorbs it. This is considered your money, so you have to right to find out and agree to the quotation submitted to the bank.

Go see the managing partner and see what info you can get. See what he explains to you. Remember that you don't hold all the aces as you had already asked for a discount and same was given to you. You can't expect to have your cake and eat it too right? However, the law firm can't give two quotes, and end up billing you higher than what was initially quoted to you.

After the meeting, do let me know how it goes. Good luck.  icon_rolleyes.gif
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Hi Dario,
i think it is quite normal to ask law firm to provide a quote before appoint their service right?? i guess everybody will do it like that.
Actually this is second time i use their service. 1st time is ok, as i pay cash. it is very straight forward, just pay what they quote to me. and i feel their service is consider ok that time.
i also dint expect why this could happen in the second appoinment. Very disappointing, law firm also can break promise. who else i can believe??

anyhow i am very very appreciate you kind advice.
i will meet up the managing partner and see what they explain first.
i think i will still get back the legal fees refund first in whatever case. And decide what to do next in later part.
Hope everything in peace.
Will update you.... many thanks..
cnr89
post Jul 19 2011, 06:04 PM

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QUOTE(dariofoo @ Jul 16 2011, 12:54 AM)
That's where the problem started. They take you for a ride when you ask for a discount.
Complain to the firm in writing. State that the first invoice was xxx but the second invoice was xxxx amount. Ask for an explanation. Only when you're not happy with the explanation, do you complain to the Bank. It is your money anyway. The Bank incorporates the legal fees into the loan but at the end of the day, you're paying for it.
No they can't as you're paying the legal fees by virtue of the loan agreement. It is incorporated in your repayment. It's different if the Bank absorbs it. This is considered your money, so you have to right to find out and agree to the quotation submitted to the bank.

Go see the managing partner and see what info you can get. See what he explains to you. Remember that you don't hold all the aces as you had already asked for a discount and same was given to you. You can't expect to have your cake and eat it too right? However, the law firm can't give two quotes, and end up billing you higher than what was initially quoted to you.

After the meeting, do let me know how it goes. Good luck.  icon_rolleyes.gif
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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

This post has been edited by cnr89: Jul 19 2011, 06:09 PM

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