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Lawyers Corner, A one-stop centre on lawyers and queries
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drakenkorin
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Mar 31 2011, 12:27 AM
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New Member
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hi new in property and in need of advise. i just got a quotation for a subsale DS at 298k. would like to know if the disbursement is alright.
Legal Fees Towards preparing Sale & Purchase Agreement for your execution, forwarding to the other parties for their execution, attending to the stamping, forwarding to the respective parties and other legal work not specifically mentioned
[150,000 x 1% = 1,500] + [148,000 x 0.7% = 1,036] =RM2,536.00 - Form CKHT 2A RM 200.00 - Form 19B (Entry of caveat) RM 200.00 - Form 19G (Withdrawal of caveat) RM 150.00
6% Govt. Service Tax RM 185.20
total : RM3,271.20
Disbursements 1) Title Search RM 60.00 2) Bankruptcy Search RM 40.00 3) Stamping of Sale & Purchase Agreement RM 40.00 4) Stamping of Memorandum of Transfer 5) Entry of Private Caveat + Notice RM 320.00 6) Withdrawal of Private Caveat RM 60.00 7) Registration of transfer RM 400.00 8) Affirmation fees RM 30.00 9) Transportation, papers & courier RM 150.00 10) Telephone, fax, stationery, etc RM 100.00
totAL:RM1,200.00
total legal fee: RM4,471.20
Stamp Duty for the Memorandum of Transfer calculated as follows: (100,000 x 1% ) + (198,000 x 2 %) = RM4,960.00 50% =RM 2480.00 ** for first time home buyer & below 350k I heard there is 50% stamp duty deduction, is this true?
total legal fee + stamp duty=RM 6951.20
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drakenkorin
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Mar 31 2011, 01:42 PM
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New Member
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QUOTE(dariofoo @ Mar 31 2011, 08:30 AM) drakenkorin: » Click to show Spoiler - click again to hide... «
Legal fees are alright and according to scale. Bankruptcy search ought to be RM12/pax. Other disbursements are fair and reasonable. At least there's no RM50 for 'Miscellaneous' which lawyers always bill but can never justify apart from saying, 'The SRO [Solicitors' Remuneration Order] allows us to bill RM50 for misc'  With regard to stamp duty on MOT - you would be entitled to a 50% rebate  cool, thanks a lot dariofoo  cheers!
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drakenkorin
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Apr 5 2011, 12:00 AM
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New Member
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QUOTE(dariofoo @ Mar 31 2011, 08:30 AM) drakenkorin: » Click to show Spoiler - click again to hide... «
Legal fees are alright and according to scale. Bankruptcy search ought to be RM12/pax. Other disbursements are fair and reasonable. At least there's no RM50 for 'Miscellaneous' which lawyers always bill but can never justify apart from saying, 'The SRO [Solicitors' Remuneration Order] allows us to bill RM50 for misc'  With regard to stamp duty on MOT - you would be entitled to a 50% rebate  dario, the lawyer quoted an additional rm100 for 'application for 50% remission on stamp duty for transfer'...is this normal? the secretary requoted the disbursement to be RM1544..how did it get inflated this much from initial RM1200.... may i also know the typical range of disbursement? this area seems to be the 'gray' area where lawyer 'adjusts' it as they like since we dont know the terms they use
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drakenkorin
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Apr 7 2011, 11:01 PM
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New Member
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This is what the lawyer actually charge me... I have pay him the deposit RM500 last friday but i just get his quatation after chasing him for 4 days. I just curious why private land search have to do 3 times & the transportation fee+ telephone+printing+ miscellaneous is quite high...
Memorandum of tranfer ( 298,000.00) - 2536 Entry of Private Caveat - 200 Withdrawal of Private Caveat - 150 Application for stamp duty Remission under PUA 211 - 100 Real Property Gain Tax 2A (RM200 per form) - 200 6 % government tax - 191.16
Total = 3377.16
Disbursement Private land search on individual title - 30 Private land search on individual title before redemption/loan sum - 30 Private land search on individual title before presentation of transfer - 30 Bankrupt search on vendor vide e-services ( RM17 per person) - 51 Stamping fee for sales & purchase agreement - 40 Affirmation fee on statutory declaration for stamp duty remission - 10 Affirmation fee on statutory declaration for entry of private caveat - 10 Affirmation fee on statutory declaration for non bankruptcy - 10 stamp duty on statutory declaration for non bankruptcy - 10 Registration fee for entry of private caveat - 320 Registration fee for withdraw of private caveat - 60 Registration fee for Memorandum of transfer - 400 Travelling expenses & charges to Shah Alam office, LHDN, Comm. for Oaths' office,vendors' solicitor office, developer office, etc. - 200 Courier and postage charges, telephone & fax charges - 50 Printing & photostate charges - 100 Miscellaneous & etc - 50
Total = 1401.00
TOTAL : = 4778.16
Kindly take note that the abovementioned fee & disbursement do not include the stamp duty payable by u on the transfer(subject to government valuation) in due course - 4960.00
( Note: 50% remission on stamp duty payable on transfer) - 2480.00
This post has been edited by drakenkorin: Apr 7 2011, 11:12 PM
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drakenkorin
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Apr 9 2011, 01:12 AM
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New Member
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one more question i have about loan agreement. normally the owner would want a total upfront of 10% of house purchase price. so typically i will need to have bank pay 90% of the remaining balance in form of bank loan.
if i want to reduce my margin of finance(bank loan) by let's say 10%, meaning i borrow 80% in total, what will happen to the balance 10%??
do i pay it upfront to the vendor? or do i pay the 10% i want to reduce to bank after it makes its transaction?
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drakenkorin
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May 12 2011, 02:36 PM
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New Member
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Here is the quotation i get for loan agreement from the same lawyer who did my SPA. Please help to comment if these are reasonable or anything that can be waived since the lawyer is same:
Legal fee profesional fee (RM 274,665.00) RM2372.66 first party legal charge RM237.27 entry of bank private RM 200.00 withdraw of bank private RM 150.00 Application for stamp duty remission under PUA 423 RM 100
total : 3059.93
disbursement land search on individual title RM30 bankcruptcy search vide e-service RM85 Purchase loan document RM 100 Affirmation fee for statutory declaration for stamp duty remission RM10 Affirmation fee for statutory declarattion for private caveat RM10 Affirmation fee for statutory declaration for onwer occupation RM10 Affirmation fee for statutory declaration for non bankcrupcy RM 10 stamp duty for letter of offer RM10 stamp duty for facilities agreement(3 copy) RM30 stamp duty for charge annexure(4copy) RM40 stamp duty for statutory declaration onwer occupation RM 10 stamp duty for statutory declaration for non bankcrupcy RM 10 registration fee for entry of bank caveat RM320 registration fee for withdraw bank caveat RM60 noting fee for power of atthoney for entry of bank caveat RM 20 noting fee for power of atthoney for withdraw bank caveat RM 20 registration fee for memorandum of charge RM100 noting fee for power of attorney for memorandum of charge RM 20 stamp duty RM680 travel expences RM 200 courier RM 50 Printing & photostat RM100 Telephone & fax RM50 Miscellaneous RM50
total : RM2030
Grand total laon agreement : RM 5273.53
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