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

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k3v1n
post Nov 6 2011, 04:47 PM

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Hi all, I hope someone can answer my question, since I've applied to add the legal fee and stamp duty on the housing loan package, do I still need to pay the legal and stamp duty fee during the time i pay 10% first deposit to lawyer? Cause I'm short of money...sad.gif
k3v1n
post Nov 8 2011, 03:02 PM

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QUOTE(dariofoo @ Nov 7 2011, 11:03 AM)
Basically there's:

1) Legal fees for SPA
2) Stamp duty upon MOT/DOA
3) Legal fees for loan documentation
4) Stamp duty on principal security documentation

Although 3 and 4 are included in the loan, you still need to pay for 1 and 2.

Standard procedure is to pay during the execution of the SPA.

However, it is between the client and the lawyer. If the lawyer agrees to grant you an extension of time to pay the fees, then all is good. There's no hard and fast rule although in most cases, when the purchaser is the client, the lawyer would demand for fees to be paid upfront. If vendor, there is still the opportunity to deduct it from the balance purchase price.

So do talk it up with the lawyer.

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Thanks for the clear explanation, now another problem arise... rclxub.gif Lawyer insist us (me and girlfriend) income tax number, but my gf and me dun qualify with the income tax so they cant give me...so how now? is the income tax number a must when signing SnP?? cry.gif
k3v1n
post Nov 8 2011, 05:42 PM

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QUOTE(dariofoo @ Nov 8 2011, 03:45 PM)
Small matter. Just go to the nearest LHDN office with a certified true copy of the stamped SPA and request for a new Nombor Rujukan Cukai. They will immediately issue you both with respective numbers. Free of charge.

Don't have to worry about being taxed for it. It's just for their reference.  nod.gif

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Many thanks for throwing the light! notworthy.gif It doesn't affect the progress of stamping and buying procedure right?
k3v1n
post Nov 21 2011, 04:53 PM

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Hi Dario, wanna ask you something...I have sign the snp and paid 10% downpayment for the lawyer on 7 Nov, normally it take how long for me to get the stampling snp and sign the loan agreement? thanks!
k3v1n
post Nov 29 2011, 05:41 PM

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Hi Dario, sorry for keep asking you stupid question. My lawyer give me a duplicate copy of stamped snp but she said vendor still haven't provide her the vendor's loan date so the snp got one statement leave blank there, she couldn't give me the original copy cause not complete info, so can I use this incomplete stamped duplicate copy to apply EPF withdrawal? Or need to wait the original copy? She said better wait everything complete first baru apply EPF but I really need money to clear all the outstanding dept of house purchasing. And for next time when i get the original copy, what is the purpose of this duplicate copy? Thanks!

This post has been edited by k3v1n: Nov 29 2011, 05:42 PM
k3v1n
post Nov 30 2011, 09:54 PM

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QUOTE(dariofoo @ Nov 30 2011, 10:54 AM)
There are no stupid questions bro  rolleyes.gif
Four copies will be sent for stamping - all four are identical as to contents - one will then be marked with a chop as ORIGINAL while the other three will be marked as DUPLICATE.

So, the blank part which you are referring to would be in all copies, not just your duplicate.

With regard to EPF, they would mostly just check on the purchase price, property particulars, the parties to the agreement and cross-refer with the letter of offer from your bank to see if the details match. I doubt if they will make an issue out of the omission. Keep your fingers crossed they don't notice it.  sweat.gif
If you're taking a bank loan, then the bank will retain the original until the loan has been subsequently redeemed wherein all original documents will be returned to you. In the interim, you can keep the duplicate which is duly stamped and has full effect in law.

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Thanks for your reply and clear explanation, I wanna ask, what is "deed of assignment"? cause I read EPF website, this is one of the required document to submit, I dun have this doc yet... sweat.gif
k3v1n
post Dec 1 2011, 03:20 PM

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QUOTE(dariofoo @ Dec 1 2011, 01:30 PM)
When there's no title, Deed of Assignment (DOA) is the document which proves transfer to beneficial ownership of the property from the vendor to you.

Are you sure that they require the DOA? Unless you're buying by way of cash? From what I understand, they require the SPA, letter of confirmation from the developer and letter of offer from your bank as supporting documents.

* am assuming that this is a subsale and you're taking a loan.

http://www.kwsp.gov.my/index.php?hdl=bin&rp=1286
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I dont have either DOA or letter confirmation from developer... sweat.gif , anyway I will try to apply see success or not. Thanks for your reply, if I face problem again I will ask you ya! icon_rolleyes.gif notworthy.gif

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