Welcome Guest ( Log In | Register )

Bump Topic Topic Closed RSS Feed

Outline · [ Standard ] · Linear+

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

views
     
dreamadream
post Nov 8 2010, 11:48 PM

Getting Started
**
Junior Member
186 posts

Joined: Oct 2010
Hi, appreciate your advice, thanks in advance!

I just sold my apartment and was advised that it would be cheaper if both of us (seller and buyer) use the same lawyer. My questions are:

1 ) it is risky to use the same lawyer? what are the risks involved?

2) i received the 1st draft of S&P today and it mentioned that "the seller chose not to be represented by a lawyer" ? Does it mean that the lawyer only represents and hence will only look after the interest of the buyer?

2) Is the fee charged reasonable? How much does it cost if i appoint my own lawyer ?

A. Legal Fees:
Discharge of Charge : RM300
Statutory Declaration: RM100
CKHT 1A: RM300
Change of Ownership (DBKL): RM100
Change of Ownership (mgmt office) : RM100
5% service Tax
Subtotal: RM900+ 45 = RM945

B. Disbursements:
Stamping Fee for Discharge of Charge: RM10
Discharge of Charge & Noting of PA: RM100
Affiming & Stamping Fee for Statutory Declaration: RM30
Land Search: RM60
OA Search: RM50
Transport charges: RM100
Miscellaneous: RM50
Sub Total : RM400

Grand Total: RM1345

3) If we (vendor and buyer) use the same lawyer, what are the important clauses in the S&P that i as the vendor need to pay attention for??

4) in the S&P, it is mention about a retention sum of 2% of the sale price (for tax purposes) , is it a normal practise?

Many thanks!
dreamadream
post Nov 9 2010, 10:27 PM

Getting Started
**
Junior Member
186 posts

Joined: Oct 2010
Hi Dariofoo,

many many thanks! really appreciate it!! If i understand correctly, the reasonable cost would be around RM1000 instead of RM1345 rite?

Correct me if im wrong, by FULL SCALED FEES, it means that on top of the costs quoted i would have to pay 1K plus bcoz i sold me house for 150K, then the total cost would be more than 2K, rite?

Thanks for the advise, i would get the clause on Notification of Change of Ownership that you suggested to be inserted into the S&P, but wud you explain to me the clause in layman term and its implications, pls? many thanks!

This post has been edited by dreamadream: Nov 9 2010, 11:02 PM
dreamadream
post Nov 9 2010, 11:30 PM

Getting Started
**
Junior Member
186 posts

Joined: Oct 2010
QUOTE(dariofoo @ Nov 9 2010, 11:03 PM)
Your full scaled fees would be RM1,300 [1% of RM130K] as prescribed by the Solicitors' Remuneration Order 2005

The clause is very simple - the purchaser has the duty to apply on his own any change of ownership with TNB, Syabas, Indah Water, DBKL, M'ment Office, etc etc etc. You nor his lawyer has the duty to do it. If his lawyer wants to amend it, let him have the duty imposed on the firm, but NOT YOU. As the vendor, you are not responsible for all of this. Don't even pay a single cent for it.

All the best  nod.gif


Added on November 9, 2010, 11:07 pm

There is no such thing as a small case or a big case. Every S&P is important irregardless of the cost of the property.

Can you promise that a "small case" will not have any problems? Some people would not mind spending money on legal fees just to have that peace of mind and security, while some just think of it very lightly and just use a common solicitor, to save money.

If all goes well, then it is money well saved. But when cracks appear? When there is a delay? Then the unrepresented vendor would have to do all the running around himself to solve the problem. He will be like this ->  icon_question.gif  icon_question.gif

At the end of the day, it is up to the individual to decide for themselves, what is the best for them. We can only give them the pros and cons of each choice, in order for them to make an informed decision.  nod.gif
*
Hi many thanks!

Sorry the prop value is RM150K instead of 130K, so that means if i opt to appoint my own lawyer, my total cost will be RM1500+RM1345 = RM2845? or i only pay RM1500?

Pls correct me if i'm wrong, does it mean that if the purchaser fails to fulfill his obligations, i would hv to perform all necessary for e.g to remove caveats (if any) lodged on my own???? Can i then appoint a lawyer to do it?? rclxub.gif rclxub.gif rclxub.gif


dreamadream
post Nov 10 2010, 09:36 PM

Getting Started
**
Junior Member
186 posts

Joined: Oct 2010
QUOTE(dariofoo @ Nov 10 2010, 12:05 AM)
There's legal fees:
Scaled fees for perusing S&P  - RM1,500
Discharge of Charge              - RM300
CKHT 1A                              - RM300
5% service tax

Then you get the total..

...and there's disbursements:
* as discussed above. It would come to about RM900-1000, I think. Different firms have different billings.

If the PURCHASER fails to perform any of his obligations, and agreement is subsequently aborted, then PURCHASER'S SOLICITORS has to do all the work - your job is just to count ways to spend the 10% which you have just forfeited  rclxm9.gif

You're the vendor so you don't need to lodge any caveats. What has to be done by you as the vendor has already been explained in detail in situation (1) above in my first reply to you. Please look at it again.

Honestly, to act on your own is 'pennywise, poundfoolish' - either authorise purchaser's solicitor as common solicitor or appoint your own solicitor.
*
Hi Dariofoo,

many many many thanks!!!!! notworthy.gif notworthy.gif notworthy.gif really appreciate your help!!!
The lawyer has sent me the 1st draft of SNP today (so efficient) and i managed to get some charges off the bill.
will try to look at the SNP and see how it goes rclxub.gif
thanks again !!!!!!! notworthy.gif
dreamadream
post Nov 14 2010, 11:52 PM

Getting Started
**
Junior Member
186 posts

Joined: Oct 2010
Hi Dario, sorry for the late reply. The lawyer told me that the legal fees would be around 1K after discounts but did not mention about breakdown of the fees ~

thank you for your kind assistance
dreamadream
post Nov 14 2011, 11:41 PM

Getting Started
**
Junior Member
186 posts

Joined: Oct 2010
hi Dario,

need you professional advice, tks in advance!

1) Will buying a Condo (freehold, completed) from a foreigner take longer time for the whole process to be completed?

2) What are other things that one needs to take into consideration when buying property from foreign owners?

thanks!

Topic ClosedOptions
 

Change to:
| Lo-Fi Version
0.0402sec    0.60    7 queries    GZIP Disabled
Time is now: 26th November 2025 - 11:36 AM