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

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kochin
post Nov 25 2010, 05:55 PM

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i got quote before discount for the following. please advise what rate should i slash to? thanks.
1) SPA & title transfer for property rm560k @ RM17,176
2) loan agreement for RM468k @ RM8,326
3) loan agreement for RM369k @ RM5,383
Need to execute ASAP therefore appreciate forummers advise ASAP as well.
Many thanks!
kochin
post Dec 3 2010, 12:19 PM

I just hope I do!
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Joined: Dec 2009
From: Malaysia


QUOTE(kochin @ Nov 25 2010, 05:55 PM)
i got quote before discount for the following. please advise what rate should i slash to? thanks.
1) SPA & title transfer for property rm560k @ RM17,176
2) loan agreement for RM468k @ RM8,326
3) loan agreement for RM369k @ RM5,383
Need to execute ASAP therefore appreciate forummers advise ASAP as well.
Many thanks!
*
1.
Professional Charges
A) SPA RM4,370
B) CKHT 2A(per person) RM200
C) Entry & Withdrawal of Private Caveat (Subject to existing loan) RM350
* Verbally mention giving 30% discount

Disbursement
A) GST (5%) RM246
B) Stamp Duty on SPA (4 copies) RM40
C) Stamp Duty on MOT (Estimated) RM10,800
D) Registration of Tensfer RM400
E) Land Search RM90
F) Bankcruptcy/Winding Up search RM 50
G) Travelling RM200
H) Miscellanous RM50
I) Entry & Withdrawal of Private Caveat RM380

Quotation Total = RM17,176

2.
Professional Fees
A) Facilities/Loan Agreement RM3,726
B) Memorandum of Charge RM372.60
C) Entry & Withdrawal of Private Caveat RM350
* Verbally mention giving 30% discount

Disbursement
A) GST (5%) RM222.43
B) Stamp Duty on Facilities/Loan Agreement RM2,340
C) Stamp Duty on Duplicate Facilities/Loan Agreement RM30
D) Stamp Duty for Memorandum of Charge RM40
E) Stamp Duty for Letter of Offer RM35
F) Stamp Duty for Statutory Declaration RM50
G) Registration for Charge RM120
H) Land Search RM90
I) Bankcruptcy/Winding Up search RM 50
J) Affirmation on Statutory Declaration RM30
K) Security Document RM150
L) Travelling RM250
M) Miscellanous RM50
N) Entry & Withdrawal of Private Caveat RM420

Quotation Total = RM8,326.03

3.
Professional Fees
A) Facilities/Loan Agreement RM3,033
B) Deed Of Assignment RM303.3
C) Power of Attorney RM303.3

Disbursement
A) GST (5%) RM181.98
B) Stamp Duty on Facilities/Loan Agreement RM780
C) Stamp Duty on Duplicate Facilities/Loan Agreement RM20
D) Stamp Duty for Deed of Assignment RM40
E) Stamp Duty for Power of Attorney RM40
F) Stamp Duty for Letter of Offer RM10
G) Stamp Duty for Statutory Declaration RM20
H) Affirmation on Statutory Declaration RM30
I) Filing Power of Attorney RM45
J) Land Search RM90
K) Bankcruptcy/Winding Up search RM 50
L) Company/Business Search RM50
M) Security Document RM100
L) Travelling RM250
M) Miscellanous RM50
Quotation Total = RM5,382.58

*Verbally mentioned can give RM4200 nett for everything

Batsignal lighted. Dark Knight DariaFoo please respond.
Thanks.

PS: Discount maybe negotiable slightly further. They claim they can't give bigger discount because they offer good service wor.
kochin
post Dec 10 2010, 10:49 AM

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From: Malaysia


QUOTE(dariofoo @ Dec 3 2010, 01:13 PM)


Why are there 2 loan facilities? Are you using the same lawyer? In that case, some disbursements are claimed twice - like title search, bankruptcy search, company search. Stamping of SD is only RM10, not RM50. Ask your lawyer if the searches must be done twice and seek clarification why, if they say yes.

Sorry, I don't entertain questions about discounts. I'm sure you know that lawyers are prohibited from giving discounts/rebates/refunds,etc. It is between you and your lawyer to sort it out personally and privately.  nod.gif

PS: How do you know that they are offering good service?  tongue.gif


Added on December 3, 2010, 1:36 pmHappyday9959:

» Click to show Spoiler - click again to hide... «
SPA and higher loan is for purchase of sub-sale unit. the other loan is for another new unit purchase from developer. therefore the need of two different loan agreements. icon_rolleyes.gif
ok, can you then at least comment on their 'standard charges' whether it's reasonable or not? eg. travelling, misc, etc.
i'd also asked them about the need to do double or triple 'searches' and etc. they claimed that bank is so strict that some documents they demand to see it to be stamped the same date failing which they don't entertain. so they also told me they will 'adjust' whatever that is done once instead of double or triple lor.
but really up to them to say only lah.

airline, sorry for the late reply. i just PM you on their contacts.
kochin
post Mar 25 2011, 10:46 AM

I just hope I do!
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Joined: Dec 2009
From: Malaysia


dariofoo,
need your advise on this.
bought a unit some time ago. this unit has an option to lease back to the developer for guaranteed returns. it also spells out condition such as commencement of the lease x period of time after VP for their renovation works to the unit. all this is in SPA if i'm not mistaken, yet to check as currently SPA not with me. till to-date the unit has yet to be VP/handed over to the purchaser.
however, notice that the developer has commenced leasing of the units. so in this case, do i have any grounds to go after the developer for deliberately delaying the handing over to us (possibility to maximise their returns by longer leasing period yet giving us shorter rental period)?
many thanks in advance. you have been doing an utmost excellent job in dishing out free legal advice.
Cheers!
kochin
post Mar 25 2011, 12:14 PM

I just hope I do!
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From: Malaysia


QUOTE(dariofoo @ Mar 25 2011, 11:53 AM)
Kochin,

Welcome back. Sorry bro I find it difficult to comprehend your situation. How can they have commenced leasing when VP has not been handed over the purchasers yet?  hmm.gif

Perhaps the relevant clauses of the SPA in this regard would be helpful.
*
am suspecting they already got VP for the development but holding VP to purchasers.
furthermore, also suspect they have commenced renovations works much earlier than the supposedly commencement post VP.
hope that clarifies. would not want to reveal too much if i'm not in the right. will investigate further.
hope this helps.
thanks.

pssttt: there's another case for you in the property thread. i requested the thread starter to contact you for his/her case. something about completed product not as stated in SPA.
kochin
post Mar 25 2011, 02:52 PM

I just hope I do!
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From: Malaysia


QUOTE(dariofoo @ Mar 25 2011, 01:47 PM)
Perhaps your understanding of what VP means is different from mine,bro. My humble understanding of VP is vacant posession of the property - i.e. handing over of the keys to the property. So I don't understand you when you say, "they already got VP for the development but holding VP to purchasers".

Care to clarify? Sorry la bro. My IQ level quite low.  sweat.gif

That aside, I think there is absolutely no reason why the developer would want to delay handing over of VP as they can claim for a further 12.5% of the progressive payment from the bank when they hand over VP. The longer they delay, the more detrimental it is to them.

Yes perhaps you can investigate further in this matter.
sweat.gif
*
yeah, u're right. i think i should rephrase. suspect that developer got CF/CCC and ready for VP to Purchasers but not doing so.
Reason:
if VP to purchaser can collect 12.5% of SPA. but they are gonna collect sooner or later. assume SPA price is rm1mil. they stand to collect rm125k.
but if no VP to purchaser and start leasing the units. assume the rent they get is rm10k/month. which one lagi untung ah? whistling.gif
but having said so, waiting to check my SPA again before going to the developers.
thank you very much again dark knight!
kochin
post May 15 2011, 10:11 PM

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From: Malaysia


hey dariafoo,
need your help again. what would be the major disadvantage of using developer's solicitor for both SPA and legal loan agreements? if you have been following amara's thread, the developer is mandating all to use their panel for both SPA and loan legal documents for a 'free' gift. and one of the condition is to sign both of these agreements within 30 days from booking date. so need your advise on potential hazard for such practise.
from preliminary enquiry, it would seems the developer's panel would not be offering any form of dicsount for their services as they are well aware of these conditions to their advantage.
may i ask what would be the cost involve for loan legal agreement assuming purchase is under a single individual for loan amount approximately rm250k? need to estimate the cost difference between engaging own solicitor vs using developer's solicitor.
thanks in advance dariafoo.
cheers!
kochin
post May 16 2011, 01:48 PM

I just hope I do!
********
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10,314 posts

Joined: Dec 2009
From: Malaysia


QUOTE(dariofoo @ May 16 2011, 01:16 PM)
There was a detailed discussion on this matter, i.e. pros and cons of using developer's solicitor, in the earlier posts of this thread. The first few pages itself.

Do take a look.
Loan calculator is on the first page of this thread. Do check it out.

Fees are scaled so there won't be a material difference (disbursements may differ from firm to firm but not much) if you appoint your own solicitor compared to developer solicitor.
*
thanks.
any idea on the 50% waiver for stamp duty thingy and how to go about it?

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