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

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sk2000
post Jan 11 2011, 03:35 PM

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I brought a link house price at RM628,370 with free S&P legal fees. i want to lump the legal fees into my loan agreement, so the lawyer quoted my banker the Loan Agreement legal fees as per followings:-

To our professional charges for service rendered including taking instructions preparing the loan agreement cum assignment, power of attorney and statutory declaration(s) (as the case may be and wherever applicable), attending to execution, stamping and registration of the aforesaid and for all others attendances not specifically referred to herein and generally.
Loan Agreement cum Assignment RM3,151.58
Power of Attorney RM315.16
5% Government service tax RM173.34

Disbursements:
Stamp Duty - Loan Agreement cum Assignment (4sets) RM3,215
- Power of Attorney (4sets) RM40
Filing of Power of Attorney RM70
Stamping Letter of Offer RM10
Bankruptcy search RM24
Winding Up search RM24
Stamping & affrirming statutory declarication RM35
Purchase of document RM150
Land search RM90
Printing/fax/telephone/courier/postage RM51.92
Transport RM150
Miscellaeous RM50
Total RM7,550

Pls advice. thanks.

sk2000
post Feb 8 2011, 11:34 AM

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Hi, dariofoo. I would like to ask for the extention of a leasehold land in perak. But one of the land owner currently based in oversea. According to land office, they need a surat kuasa from the owner who staying in oversea to assign his right to a wakil to sign all the documents & forms. What can i do now? Thanks.
sk2000
post Feb 17 2011, 10:22 AM

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deleted

This post has been edited by sk2000: Feb 17 2011, 10:32 AM
sk2000
post Feb 18 2011, 03:10 PM

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Normally, to complete a sub sale will take 3+1months from the S&P date right? If the seller S&P is dated on 1st June 2010, but until now (Feb 2011) the seller have not recieve the full payment from the lawyer. So, is the seller entitle to charge the purchaser late charges?

This post has been edited by sk2000: Feb 18 2011, 04:05 PM
sk2000
post Apr 13 2011, 02:29 PM

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Hi, dariofoo.

My lawyer quoted me the followings legal fees as I had sold my condo at 840k.

1) Discharge of charge rm300
2) Witnessing of documents rm300
3) Disbursements rm400
4) CKHT submission rm300

Service tax 6%

As a vendor who tumpang seller's lawyer, is this quotation ok?
Please advice.
Thanks.
sk2000
post Apr 21 2011, 03:00 PM

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QUOTE(dariofoo @ Apr 14 2011, 10:22 AM)
Witnessing of documents RM300 is male-cow manure!  doh.gif
Why disbursements RM400???? I'm screaming bl**dy murder here!  bruce.gif
laugh.gif
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I had bargin v her to discount from 400 to 200. U think the price is fair?

How come our lawyer is not professional enough now a day?

One more question here : Who should pay the cost for preparation of DMC & stamping (quoted me rm300) ? Vendor or purchaser?

Thanks.
sk2000
post Jul 4 2011, 05:08 PM

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Hi, dariofoo. i feel very confusing on the rpgt form.

Wat is the difference between forms CKHT 1A, 2A & 3?

how much that we need to pay for each type of form? thanks.

This post has been edited by sk2000: Jul 4 2011, 05:09 PM
sk2000
post Jul 5 2011, 02:39 PM

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QUOTE(dariofoo @ Jul 4 2011, 11:47 PM)
Here we go:

CKHT 1A - submitted by vendor. Each vendor submits own form. Solicitor can charge RM300/form.

CKHT 2A - submitted by purchaser. Each purchaser submits own form. Solicitor can charge RM200/form.

CKHT 3 - submitted by vendor. Each vendor submits own form. This form is only filled up and submitted if:

1) The vendor declares that the property is owned for more than 5 years; OR
2) The vendor is electing to apply for one-time exemption from RPGT; OR
3) The vendor is disposing off the property without receiving any consideration (eg gift).

If CKHT 3 is submitted to the purchaser or purchaser's lawyer, the purchaser need not retain back 2% of the purchase price. This 2% is to be forwarded to LHDN as advance payment of CKHT on behalf of the vendor. LHDN will calculate it, and if there's a suplus - refund it to the vendor, or if there is a shortfall, demand payment from vendor.

Most of the time, during preparation of draft SPA, parties already agree on the CKHT forms, i.e. vendor will indicate if he's filing the CKHT 3. If so, the balance deposit in full will be given to the vendor during signing of SPA. Or else, purchaser will retain 2% first. If the 2% is not paid by the purchaser to LHDN within 60 days from date of disposal, then the purchaser will have to pay a penalty.. Yes, vendor pays CKHT, but purchaser kena penalty as it is his duty to pay the 2%.

Ok boss?  icon_rolleyes.gif
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i m clear now... thanks!! notworthy.gif

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