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

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shroom
post Nov 25 2010, 04:17 PM

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Can someone please clarify this for a first-time home buyer, buying through subsale - how many kinds of legal fees and stamp duty is involve in the process.
1) legal fees + stamp duty for s&P
2) legal fees + stamp duty for title transfer
3) legal fees + stamp duty for bank loan

Have to pay for all three of the above, is this correct? Thank you in advance.
shroom
post Nov 25 2010, 05:54 PM

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QUOTE(dariofoo @ Nov 25 2010, 05:14 PM)
1) and 2) is combined - you pay your S&P solicitor to do the transfer of title for you as well. Stamp duty for S&P is only RM10/copy, while stamp duty for transfer is the one which is more costly

3) is correct, but once again you may appoint your S&P solicitor to act on your behalf as well, thus saving some money on disbursements (expenses). Legal fees, however, are fixed.

Hope the above helps  nod.gif
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I know stamp duty for title transfer amounts to a few thousands, I thought have to pay similar amount for s&p as well. Relieve to know that's not the case.

Thanks for your clarification!
shroom
post Dec 17 2010, 07:29 PM

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Hi, can I ask what is the disadvantage of buying a LEASEHOLD strata title property? Thank you in advance.
shroom
post Dec 17 2010, 09:59 PM

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QUOTE(dariofoo @ Dec 17 2010, 07:41 PM)
I've posted something on leasehold property at page 2 of this thread. Can you take a look first, and if you still have something on your mind, do come back and ask.

Cheers.
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1) Is the ownership transfer duration longer for leasehold subsale? How much longer than freehold?
2) Is it true that bank is hesitant to provide loan for leasehold property?

Thanks!
shroom
post Dec 18 2010, 05:28 PM

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Thanks dariofoo for info and insights!

shroom
post Jan 19 2011, 09:39 PM

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Dario,

Have a question that would greatly appreciate your answer. For leasehold property, what should be a fair duration(consent period) for vendors solicitor to seek consent from state authority? My lawyer has it stated as a year in the snp, isn't it a tad bit too long? Property is currently tenanted on a month to month basis, what if vendor/solicitor decided to 'take their time' in seeking consent?


shroom
post Jan 20 2011, 07:25 PM

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QUOTE(dariofoo @ Jan 20 2011, 02:06 PM)
6 months  nod.gif

The good thing is that the purchase price is fixed. So if the property appreciates during that period, the 'take their time' strategy (assuming there is one) would backfire on the vendor, right? You'll benefit from it.  smile.gif
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Dario, thank you for your reply.

Vendor's lawyer mentioned that there have been scenerios whereby consent took up to 9 months. Said he has to protect vendor's rights and insist on 1 year. (this is even with an additional 3 months extension) My lawyer agreed. Reason why I am concerned is that I get the impression that vendor thinks he can take his time through the paperwork. Because he's not living in Malaysia, he mentioned that he'll come back around end of Feb to sign the snp. And this is only snp stage....sigh...

Is there really no win win situation in this matter? Is there any clause I can add to protect myself. My lawyer is not being very helpful...
shroom
post Jul 9 2011, 03:18 PM

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Hi Dario, some questions for you regarding KWSP withdrawal for first house, leasehold property.

Is it true I need to get consent letter from Land Office? If yes, normally how long does it take for letter to be issued?

Also, the title deed which is in the sellers name has been submitted to Land Office for transfer, so what document do I submit to KWSP, the presentation receipt?

Thank you in advance.
shroom
post Oct 1 2011, 05:41 PM

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Hi Dario, need your advise. It has been 2 months since all paperwork for my house has been finalized. During this period I have asked my lawyer repeatedly for my reinbursement which includes 1)fees discount 2)50% discount on stamp duty for s&p and loan(first house) and also what seller owes me. The problem is that the lawyer keep saying they'll get back to me etc but they never do. Is there an 'acceptable' timeframe for reimbusement and after some time if the lawyer still refuse to reimburse me, what can I do? Thank you in advance.

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