I'm using same S&P lawyer as seller.
I think it's easier to list out in point form:

1. Initially just wanted to pay deposit for the house at seller's lawyer office. Then lawyer said she refuse to accept deposit, so must immediately pay 10% sign S&P if want to buy.

2. Lawyer did mention, land title's name is not seller's name. Still ex-house owner's name (Mr B). We did ask if seller have the right to sell the house. Lawyer said they have all the required document to prove that seller (Mr A) have all the right to sell the house. Mr A caveat Mr B's properties as Mr B owes him money. They already asked Mr B to sign all relevant document such as title transfer form, etc stuff before Mr B move away to other state.

3. S&P signed on 4th Oct 2010, deposit paid 10%

4. Proceed with bank loan, bank agent wants a copy of letter of attorney, to prove Mr A have the right to sell the house. Call lawyer's office, they said have, faxed a copy to bank. Bank called back to me, asking why my S&P lawyer fax them a copy of S&P (signed on 2008) between Mr A & Mr B. S&P lawyer keep telling bank agent that the S&P is good enough to prove Mr A hv the right to sell the house. Bank stop all loan process immediately, until seller able to come out with the letter or the title change to seller's name.

5. We demand 10% back as lawyer unable to prove Mr A have the right to sell the house. She said the property caveat by Mr A, so Mr B unable to sell to anyone else. Mr A promise to settle the remaining housing loan own by Mr B, get the title from bank and submit to land office for name transfer. They can't get Mr B to sign letter of attorney as he refuse to cooperate. So lawyer refuse to return back 10%, ask us to wait for name transfer (took 2 months)

6. Before title change to Mr A's name, lawyer office called me to sign CKHT form 2A, but i refuse, until they able to prove the property belong to Mr A.

7. After 2 months bank call for proof of ownership on 22th Dec. They can accept land search, lawyer said no problem but next day fax to bank a land office receipt (dated 23 Dec), with no mention of name. Bank agent called lawyer asking for land search document not receipt. Lawyer insist receipt can be used as well. End up both arguing. At the end lawyer office unable to confirm when can pass me the land search document, so i told them I will do it myself, they don't have to search for it. Land search at 28 Dec 2010 shows Mr A as the owner of the property.

8. Bank loan process smoothly, letter offer signed, loan agreement signed with different lawyer on 14th Jan 11.

My problem is, form CKHT 2A suppose to sign and submitted in 60 days from S&P date. I understand that seller needs to pay 2% tax cos sell his property in less than 5 years. But infront of CKHT 2A form mentioned:

" Kenaikan cukai sebanyak 10% dikenakan sekiranya pemeroleh gagal
membayar 2% daripada jumlah nilai balasan atau kesemua wang itu
mengikut mana-mana yang lebih rendah kepada Ketua Pengarah Hasil
Dalam Negeri dalam tempoh 60 hari selepas tarikh pelupusan"

and

"CKHT 3 yang diterima daripada pelupus perlu dikemukakan bersama-sama Borang CKHT 2A dalam
tempoh 60 hari selepas tarikh pelupusan harta tanah / syer dalam syarikat harta tanah supaya
pemeroleh tidak perlu membuat bayaran 2% daripada jumlah balasan atau kesemua wang berkenaan
yang mana lebih rendah kepada Ketua Pengarah Hasil Dalam Negeri"

Permeroleh/Buyer need to pay 2% also?

In my case, CKHT form will only be submitted after 150 days from S&P date. Buyer will bear the penalty or seller? Most important is, buyer need to pay 2% also?

In lawyer's pricelist, there is CKHT inside, but lawyer said forgot to put the amount in, so I need to pay another RM350 for form 2A. Lawyer also insist I pay RM80 of land search, which I did it myself. She said by standard procedure, they need to search twice.

By the way, lawyer office totally forgot about the CKHT document until i mention about it.

As per last Saturday, I found out, S&P lawyer not yet post the original S&P agreement and other relevant info to loan lawyer.

Please, what can I do to ensure all document is complete so that bank can release the loan asap?

Thanks!

p/s: all the while I only deal with lawyer's assistant as lawyer refuse to answer call. Many times I told lawyer's assistant to get Lawyer herself to call back to me, but she never call back. So I get all info through her assistant.

1. B owe A money. A use this same lawyer to caveat B's properties. B also signed a S&P to agree selling the property to A in 2008, and signed all relevant document in title transfer etc stuff. A don't want to change the property to his name, as it will subject to tax if he sell the property. This lawyer gurantee that A can sell the property away by just direct transfer B's name to buyer. BUT lawyer didn't give B to sign power of attorney letter, so A don't have any legal right to sell B's property. I asked if can just call up B to sign the letter, but lawyer said it's impossible to do so cos B will not cooperate anymore, as B said he already signed whatever document needed and will never entertain any request from A.

2. Yes we asked lawyer about it. Legally A don't have any right to sell the property. How can she execute the S&P?
When bank asked for letter of attorney, she promise to give, but at the end unable to provide any (drag 2 weeks on this) She refuse to refund 10% and said her S&P is valid, or else she won't dare to do it. She said cos A already caveat B's property and have S&P agreement between them. So that makes A beneficial owner. At that time, we are not sure the property hv how many caveat. SPA's Name and description of Vendor = Mr A's name. No mention of beneficial owner.

So at the end, A pay balance mortgage to bank and proceed to transfer name from B to A. Lawyer said if they fail to do that within 3 months, then only refund my 10%. She did add an extra clause in S&P mention 3 months completion date will start after property transfer to A's name. So land search in 28th Dec shows Mr. A as the rightful owner. Bank and loan lawyer proceed everything smoothly after that.

Just now lawyer's assistant demand me to pay the RM80 & RM350 CKHT Form A, which i refuse. I questioned her back why you need to perform twice land search? She said one copy need to pass to loan lawyer. I told her don't bullshit, before I signed loan agreement, loan lawyer already did the land search. I also told her, the pricelist given to me, already have CKHT printed inside (it's a list of few item with lump sum). Therefore I will not pay extra to them.

As for the land search, I did it myself, after lawyer office unable to give me an exact date as they keep saying no one go to JB land office. That's why I told her firmly and repeated few times, you don't have to do it, i will do it myself and get it printed out tomorrow. After few days lawyer assistant call back and told me, they also went to do the land search & ask me want a copy or not (cos i need to submit to bank), i nearly got heart attack.

Now, S&P lawyer still holding everything loan lawyer need.

I already paid for stamp duty and misc expenses but still holding:
1. Lawyer's professional charges + tax
2. Land search RM80
3. Registration Fee for Transfer RM600.

Lawyer assistant request me to settle all payment before they can proceed to submit doc to loan lawyer. I told the assistant due to their bad service, I will only pay whatever they need to use first. Lawyer's legal fee will only be paid after everything settle nicely.
Do you think I need to pay all the fee at once or keep on holding until everything complete? I'm really scare of their bad service, telling a lot lies and keep dragging.

dariofoo: thank you so much for your explanation. relief to know I don't have to pay for tax. As for the 10% penalty, seller A unable to get his name transfer within 60 days and before that I told lawyer office I will only sign extra things after A is the registered owner of the property. Lawyer office didn't contact me about CKHT 2A after that. I asked about it last Saturday when i paid for stamp duty, then only she said forgot to charge.

Can I fill in the CKHT 2A form myself? (if lawyer still insist me to pay RM350?) LHDN office is just opposite of lawyer office haha.
-----------------
added:
S&P stamp date: 4 Oct 10
A's name on land search: 28 Dec 10
Sign CKHT 2A on 19 Feb 11

This post has been edited by jady: Feb 22 2011, 11:18 PM

Thanks for your explanation. I understand better now. After bank release balance purchase price, may I know if it's SPA lawyer's responsibility to clear all the ex-owner's bill such as electrical, water and cukai tanah which still owes more than RM5k? The payment i delay her is much lesser than this amount. The only reason I hold part of the payment is to ensure she will settle everything in time as previously she delay a lot of stuff.

If after bank release loan and SPA lawyer's job consider settle 100%, then I'm fine to clear all d payment immediately.

I told her I'll fill up the CKHT form myself.

No clause on that. So I get money from SPA lawyer to pay all the outstanding bill myself? or Vendor settle it after receive money from bank? Thanks a lot for reminding on the Indah Water, never come across my mind

In that case, tomorrow I shall issue all payment to SPA lawyer.

Special terms & condition hv extra clause:
The vendor is not legally represented. Therefore it has been agreed that the balance of purchase price shall be paid to XXX (SPA lawyer) and a sum will be retained for CKHT purpose.

No mention about house assessment fees (owe RM4k), water, etc.
So, from whom I shall get money to settle myself? Run around pay bill is easy, but get money from lawyer or vendor? Since SPA lawyer still holding the 10%.

Further questions;
1. Do I have to sign form 14A? Cos I didn't sign any, but I already receive notice to pay for stamp duty.
2. Base on my story, do you think A is beneficial owner, thus making the SPA valid even before the property transfer under his name? (I'm thinking to complain her, do u think I have a case here?)

I'm afraid of being conned, as since start until now, SPA lawyer never answer my call (not even once) I always ask her assistant to get her call me back, but she never call. She also told few lies to bank agent, trying to get pass bank's request for doc.

I am paying full legal fees but I don't feel she's my lawyer at all

Nope, I just sign SPA only, lawyer didn't give me other document at all.

I signed loan agreement mid of January. Until mid of Feb, my SPA lawyer called me to settle all S&P fees. Paid everything on 3rd week of Feb.

Until now, loan lawyer said they still waiting for document from SPA lawyer.
I called SPA side, they keep telling will post these few days. I asked what are the things that still pending causing the delay, but they refuse to answer, just keep saying will post these few days. Until now already 2 weeks, still not yet post.

My 3 months duration will end on 23 March. My vendor is not represent by any lawyer. May I know will I be charged for late penalty?

Dario: Thanks a lot! I already type out the letter as per your suggestion then my loan lawyer called to inform they already receive the documents today. I'm so relieved!

beast_doadore: wow, even with same expiry date! so coincident! my bank agent said, should be able to release money before the date. but i'm not sure about the process flow at loan lawyer side. so you have to wait for Dario bro for answer.