Hope someone can give me some advices. I am already very frustrated to deal with this kind of Lawyer.

Let me share my story (i try to cut it short):

I bought an apartment. And I am dealing with the Vendor directly without going through Agent.

The Vendor has her owner lawyer (who is her sister's friend). I was convinced to use the same lawyer by the reasons given that:
1) Her lawyer is Maybank's Panel Lawyer (I was looking for Maybank's Panel Lawyer. I do have my another Lawyer but they are not under Maybank)
2) The lawyer said this will speed up & smoothen the process.

So i paid 2% deposit on 30/03/2011.

The Lawyer later told me that they are not Maybank's Panel Lawyer!!!
mega_shok.gif

I cant believe there is this kind of lawyer around... shocking.gif I have no choice but to engage another Loan Solicitor then. shakehead.gif

Since then, the lawyer has been kept delaying & dragging. I complained to her (the lawyer) and she admitted that the Vendor asked her to drag as they are still looking for a house.

After some ting ting tong tong, the SPA was only signed on 13/05/2011 (more than 1 month from the day i paid the 2% deposit).

And the SPA was stamped on 24/05/2011 (even with some unfilled info like carpark no. & the Vendor's bank info).

Just when i tot the nightmare was finished, the Lawyer never stop delaying & dragging!

She (the lawyer) always gives empty promises & excuses for handing me the MOT & other documents for my signature. I sent email to her but she never bother to reply. My loan solicitor is also fed up with her bcoz of her empty promises to furnish her (Loan Solicitor is also a lady) the documents.

Until today, i am still waiting for her to furnish me the MOT & other related documents for my signature despite the fact that the SPA was stamped on 24/05/2011 (which was more than 1 month ago!!!). rclxub.gif

She (the SPA lawyer) has been sitting with the stamped SPA for nothing! vmad.gif

I am really pissed off and considering to complain to the Bar Council but i am still trying to settle it nicely. mad.gif

Hope to hear some advices from u guys. Appreciate if any Lawyer can PM me for your advice too. notworthy.gif

Many thanks.

iriseyoufall:


Hey there,

Yes, I remember you previous queries on your lawyer who was somehow related to the vendor or something like that - and about back-to-back MOTs. 

Sorry to hear about the predicament that you are in.

Answers to your questions:

1) You need to look at your SPA to see what is provided for in the event that the vendor fails to proceed with the completion of the SPA. I hope that specific performance [SP] is not excluded in your SPA. If SP is an option then you'd need to appoint another lawyer to sue the vendor to compel them to specifically perform the contract - i.e. to surrender vacant posession to you. Of course, this will only come into play at the end of the transaction.

In fact, I'd say the transaction is almost complete as the second MOT has already been adjudicated. Am assuming you're taking a loan right? As such, the only thing that needs to be done now is to present the MOT for registration together with the charge in favour of the financier and the final release of the loan will be done. You're looking at another 2 weeks before you can get your keys.

2) If they want you to agree to abort the SPA of course they have to reimburse you for whatever you have spent on - not only fees but stamp duty as well. What about your loan? Has your bank released the first sum to redeem the vendor's loan? Or is it just one release at the end? In any event, how are you going to back out of your contract with the bank? There would be a penalty involved. Are they willing to bear for it?

3) Then you pursue the option in my answer no.(1) above.

4) CAN you bring this case to Court? I think this is covered in answer (1) above.

SHALL you bring this case to Court can only be answered by you - weigh your options properly before making a decision.

How much do you want the property? How much losses are you going to sustain? Will they reimburse you for everything - including any penalty from your financier? Consider how close you are to completing the transaction. Can you afford another lawyer to sue the vendor for SP? Can you handle the stress of going through the litigation process which can stretch for months and perhaps years if there's an appeal. Can you find another property at the same price you're getting for now?

Make an informed decision once you've considered all the above questions properly.

Good luck.