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

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icecoolman
post Nov 14 2010, 01:20 AM

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QUOTE(dariofoo @ Nov 5 2010, 08:52 PM)
Welcome,bro.

With regard to Qs 1,2 and 3, can you check out my reply to a query on the first page of this thread. I think I addressed a similar question. If you still need further enquiries, feel free to ask again here.

With regard to Q4, it depends on a lot of factors - legal fees for buying from developer is different from subsale - with title more disbursements compared to without title.

There's also legal fees for entry and withdrawal of private caveat (if with title) and also for filing CKHT 2A (for purposes of notice to the Inland Revenue Department)

With regard to Q4, yes it is the same, but as stated above, when you purchase from developer - the scaled fees are different (much less).

Helpful?  nod.gif
*
Referring to this questions, I have some questions to further understand this process as I am in the midst of planning to purchase a new unit from the developer whom will be bearing the cost of the legal fee. I'm also trying to understand the whole process in order to minimise my risk and also for planning of budgetting.

1) Could someone let me know the process of legallity involved when purchasing the unit? (ie : step 1 - pay deposit to developer, step 2 - sign S&P, getting of bank loan and etc).

2) Developer will be bear the cost of SpA fees? In this case, does it mean the legal fees between me and the developer or the entire complete transaction(me/developer and bank)?

3) Would there be any legal cost involved in the loan agreement? Do I have to engage my own lawyer (or it's covered by the developer since they

Please kindly advice on the whole process and do really appreciate it.



ps: pls don't be angry if it has duplicated questions.
icecoolman
post Nov 14 2010, 11:14 AM

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QUOTE(dariofoo @ Nov 14 2010, 02:17 AM)
Reply to icecoolman:1) Could someone let me know the process of legallity involved when purchasing the unit? (ie : step 1 - pay deposit to developer, step 2 - sign S&P, getting of bank loan and etc).
Can you be more specific? Freehold or leasehold? Landed or high-rise?  hmm.gif

2) Developer will be bear the cost of SpA fees? In this case, does it mean the legal fees between me and the developer or the entire complete transaction(me/developer and bank)?
You would need to check with the developer on this,but MOST, if not all of the latest developments launched, the developer would market it as free legal fees. In truth, of course, the legal costs would've been incorporated in the purchase price itself. If the legal fees are absorbed by the developer, then they would insist that you use of their panel firm of solicitors.
With regard to the legal fees for your loan documentation, you would also need to check this with the developer. They may offer to absorb the legal fees upon the condition that you obtain your loan from one of their panel banks AND appoint their panel firm of solicitors.


3) Would there be any legal cost involved in the loan agreement? Do I have to engage my own lawyer (or it's covered by the developer since they

Yes there are legal fees involved, unless it is absorbed by the developer, as explained in the answer to question (2) above. If you insist on taking your own solicitor, the developer would most likely decline to pay for the legal fees involved. Same rule would apply when you elect to appoint your own solicitor for the S&P.

With regard to the pros and cons of using a developer's panel firm of solicitors - please go through the earlier posts and replies in this thread. If you have any enquiries, do ask.

Please kindly advice on the whole process and do really appreciate it.
ps: pls don't be angry if it has duplicated questions.
No problem. Cheers.

nod.gif


Added on November 14, 2010, 2:27 am

Hey there,

This is a really tough question.  sweat.gif  I wish I had a crystal ball to help you out on this one, but I don't.

Some land offices are efficient, some are not. Some have hardworking staff, and some don't. There's a lot of factors involved, to be honest.

But as long as the documents have been presentation for registration, it should be alright. It is already on record that the documents have been presented, but not registered. So, to be honest, I wouldn't be so worried.

If you're still curious, perhaps you can ask you lawyer to give you a timeframe. Perhaps he has dealt with that particular land office for other transactions. He would perhaps be in a better position to answer your query for the time being.

Come back here with his answer and share it with us.  nod.gif

Cheers.
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In my first question, it's related to a condo which is free hold. Wanted to know all the steps on this.

1) To sign S&P, possibly using Developers lawyers since they're paying for it. So I guess in this part, all legal fees between me and the developer is settled. So I will not have any other cost on this part rite?

2) For bank loan, I would presume in this part, normally the bank will appoint it's panel of lawyers and buyer pays for it? If so, how much is the legal fees (I might be taking a loan of RM460-RM480K)? Can I also opt for my own lawyer since I'm paying?


Upon doing both of the both, should I say that it's completed the whole process of the purchasing of the condo? Are this the only two legal fees that I've to pay or there are other miscalleneous cost to this as well?



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