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

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SUSleechers
post Oct 13 2011, 04:05 PM

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hi dario,

i need your advice. i am buying an apartment via agent and by next week i shall be able to sign SPA

1. for the deposit, is it advisable to hand over such large amount of cash to owner, prior signing the spa? or shall i make a bank draft? how do i protect myself should anything happen?

2. by right should the owner settle all pending debts (maintenance fees, utitilies bills etc) before he sell his apartment. how can i ensure this?

please advice. thanks.
SUSleechers
post Oct 13 2011, 05:10 PM

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QUOTE(dariofoo @ Oct 13 2011, 04:27 PM)
1. Cheque or bank draft is advisable. If you have a lawyer, he can prepare a cover letter for the vendor to acknowledge.

2. Your lawyer ought to include a clause in the SPA whereby the seller has to provide a certified true copy of the duly paid bills/receipts of the utilities as you mentioned above. Most important are quit rent and assessment.  nod.gif
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thanks dario for prompt reply.

the apartment that i will buy is rm145k, lawyer quote me rm4500 for the fee. is it expensive? as i mentioned earlier that it is via agent and i did ask the agent about to use my own lawyer but she explain to me that draft has been made and it is not adviceable to switch lawyer at this stage. but the agent did tell me that the lawyer can provide 30% discount.


SUSleechers
post Nov 18 2011, 04:34 PM

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need advice on this. My s&p already signed and when i collected the s&p from lawyer office yesterday i realized the make mistake on parking lot no. the developer consent stated different number but s&p stated different. I asked about this and just now the lawyer office called and said that it is in the s&p that is wrong and they will make amendment and lawyer will initial the amendment. is that the correct way to do?
SUSleechers
post Nov 19 2011, 10:30 PM

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Thanks dario for your reply
SUSleechers
post Nov 24 2011, 11:19 PM

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Dario,

I think i made a mistake in purchasing my apartment. This is the scenario and hope that you can read and give comments/suggestions

First of all i bought the apartment through agent where i need to pay 1% out of selling price to that agent. Next is the s&p lawyer. At first i thought the lawyer represent me, when i received the s&p (which had been signed and stamped) to my horror it stated that the lawyer actually represent the vendor, not me and i have to pay for their services!

Then it comes to state consent. I really dont know about this. How many of state consent that they need to apply? The s&p lawyer said that they received the state consent already and the bank lawyer said that they still didnt receive it. Does that mean it will be two state consent?

Then about developer consent, it stated there that the seller need to pay six months maintenance fee before they release the consent. However i notice the receipt paid only for five months. When i asked the agent she said that is normal where i will need to pay back to previous owner 3months of maintenance fee after everything completed. How is that possible?

What should i do next? I notice something is not right somewhere.

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