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macong
post Feb 10 2011, 09:04 AM

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Good morning to all,

I would like to ask if my SPA sign in mth of Feb 2011, purchase price in SPA is RM350,000, 1st home buyer . Do I qualify for the 50% stamp duty exemption on SPA & loan agreement?
macong
post Feb 11 2011, 11:44 AM

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QUOTE(dariofoo @ Feb 10 2011, 10:42 AM)
Morning. Yes, you are entitled to a 50% exemption on the stamp duty on your memorandum of transfer/deed of assignment (as the case may be).
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Thank you.
macong
post Apr 4 2011, 10:26 AM

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Good morning Dario,


Pls advise on below loan agreement legal charges for new a freehold terrace house (under con) from developer. Is the fees reasonable?

Can I get 50% exemption on stamp duty ? I am the 1st home purchaser? tq.

Loan amt : RM 261,032

PROFESSIONAL FEES for facilitating the
security documentations, attending to the signing of the
documents, for liasing with various parties for the disbursement of
the loan sum for all other attendances and correspondances 2,277.22


Deed of Assignment 227.72
Power of Attorney 227.72

6% Govt. Tax 163.96
2,896.62
DISBURSEMENTS

Stamp Duty Original Facilities Agreement 1,310.00

Stamping Fees Facilities Agreement (3 copies) 30.00
Deed of Assignment (4 copies) 40.00
Power of Attorney (4 copies) 40.00
Letter of offer 10.00
Statutory Declaration 10.00

Filing fees Power of Attorney 40.00

Official Search Bankruptcy / winding-up 30.00
Land title search 30.00

Attestation fees 20.00
Purchase of Loan Documents 150.00
Courier, stationery, postage, telephone 80.00
Transport 50.00
Miscellaneous 50.00
1,890.00
Total chg 4,786.62

This post has been edited by macong: Apr 4 2011, 10:53 AM
macong
post Apr 4 2011, 02:46 PM

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QUOTE(dariofoo @ Apr 4 2011, 11:56 AM)
machong:
» Click to show Spoiler - click again to hide... «

All alright except bankruptcy search which will cost RM12/pax. In fact, can use same bankruptcy search done by your SPA lawyer as well. No need to do again.  nod.gif
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Oh. It is not SPA lawyer. Banker insist on panel lawyer. That means I have to pay the bankrupt fee by using diff lawyer? Thx.
macong
post Apr 4 2011, 05:04 PM

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QUOTE(dariofoo @ Apr 4 2011, 03:50 PM)
What I meant was your SPA lawyer would've done a title search. However, I just noticed that you're purchasing from a developer so I assume that you've appointed the developer's panel lawyer as a common solicitor? In the sense that SPA legal fees are 'free'?  smile.gif

In that case, separate searches would have to be done.

And yes, the 50% rebate on stamp duty for memorandum of transfer/deed of assignment only would be applicable to your case.  icon_rolleyes.gif
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There is no free SPA legal free fr. developer doh.gif .

For the rebate thing. Did you mean 50% rebate on stamp duty on loan facilities agreement, which is 0.5% fixed on loan one? I checked with the loan lawyer, they said have to come back to me on this.


macong
post Apr 4 2011, 09:00 PM

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QUOTE(dariofoo @ Apr 4 2011, 05:42 PM)
Stamp duty on MOT/Deed of Assignment only.

Check this out:
http://forum.lowyat.net/index.php?act=ST&f=154&t=1748580

Got individual title or not?  smile.gif
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There is no individual title yet.

Base on your link, there is no stamp duty exemption on loan agreement, but I read in tax budget booklet 2011 stated there is 50% rebate of stamp duty on SPA & loan agreement, is the Stamp Duty (Remission) (No.3) Order 2010 you mentioned in the link supersede the loan agreement stated in the budget 2011?

The loan lawyer call me this evening confirmed that there is 50% rebate on the stamp duty. Now, I am blur blur rclxub.gif

One noob question:-

Is there any kind of stamp duty on "MOT/DOA" fees will chg later in loan agreement when there is a transfer of master title to individual title? like the Stamp duty on MOT will be paid later (told by SPA lawyer when I signed the SPA). Thx.
macong
post Apr 5 2011, 11:31 AM

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QUOTE(Jaemmae @ Apr 4 2011, 11:26 PM)
If when you bought your house it is still under master title, you would have signed a Deed of Assignment with the bank. After the individual title is issued, you need to create a Charge 16A in favour of the bank (registration at the land office). Legal fees would be subject to a minimum of RM300 only. Stamping on Charge 16A = RM10 per copy only.

House with individual title = Charge to bank (Document : Charge 16A)

House still under master title = assign to bank (Document : Deed of Assignment)
Stamp duty 50% discount on loan and purchase = only if 1st time house buyer of property below RM350k
As a purchaser from a Developer, you are entitled to get for free four (4) copies of the SPA/Deed of Mutual Covenants from the Developer or their solicitors. They are not allowed to charge any fee for it. Some of their lawyers call it admin fee or printing fee, but they're the same thing.
You don't need to appoint from the Developer's panel lawyers, you can appoint your own AND still be entitled to free copies of the SPA. IF your own lawyer ask you to pay the Developer, tell your lawyer to check the Bar Council Rulings and the Housing Development Act.
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QUOTE(Jaemmae @ Apr 4 2011, 11:52 PM)
For buying direct from Developer and still under construction, the lawyer cannot charge full legal fees of RM2,277.22.

Tell the lawyer to check his SRO, he must give your a mandatory discount of 30% off from RM2,277.22
err...kinda. It's wayyyy past my bedtime for me to do any calculations right now. I'll work something out tmrw.
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QUOTE(dariofoo @ Apr 5 2011, 10:29 AM)
Yes, you're right. I overlooked the legal fees part and was focusing more on the disbursements. The fees permissable would be 70% of the usual scaled fees under the SRO [as the price of the property is between RM100K-RM500K]. It applies to legal fees in relation to the SPA as well as the loan documentation. I humbly stand corrected.  notworthy.gif

Machong, do take note. Bring it to the loan lawyer's attention.  icon_rolleyes.gif
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Thanks a lot Jaemmae & Dario.

I got discount on the loan legal fees and the 50% rebate to the stamp duty thing. The lawyer told me the total sum to pay is around RM2,600 (Original is 4,787) rclxms.gif . I have calculated myself, but cant get the figure out biggrin.gif .


For the SPA, did you mean I have to pay another round legal fees to SPA & bank lawyer for charge of 16A, in future? Thx.






macong
post Jul 1 2011, 10:27 AM

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Hi Dariofoo,

My loan document has just completed the bank lawyer staff called me up saying that they have calculated the fees wrongly and they want to charge me another RM700 as disbursements before they deliver the document to me. I am really surprised to hear that. How to deal with this ? It is a normal practice for lawyer to do that? What should I do? To whom should I make a complaint to? Pls advise. tqvm.
macong
post Dec 6 2011, 09:28 AM

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Dear Dario,

Recently company bought a auction unit (commercial shop) and lawyer appointed. May I know who is responsible to find out latest assessment bill outstanding. Vendor's lawyer? Purchaser's lawyer? or Developer?.

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