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

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yiivei
post Nov 5 2010, 01:04 PM

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Glad that I found this thread. I have some doubts on lawyers fee that need the assistance of sifus' here.

1. My developer told me that they will absorb the s&p charges, but with the condition that my mortgage lawyers also need to be the same lawyer. Is this safe to do so?
2. Pertaining to the above, is it advisable for me opting for the developer lawyer so as to save on the s&p charges?
3. Can i choose not to appoint the developer lawyer for the S&P? I understand that the offset is that i got to pay for the S&P charges.
4. May I know what legal fees is impose in purchasing a property? S&p fee, stamp duty on s&p, loan agreement lawyer fee + stamp duty & disbursement charges? Mot? Other than the listed, is there any other charges that I miss out?
5. Can some clarify whether the rate for both S&P and loan agreement fee are the same that are 1% for the first 150k and 0.7% for the following and so forth?

Thanks.

This post has been edited by yiivei: Nov 5 2010, 06:27 PM
yiivei
post Nov 5 2010, 09:01 PM

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QUOTE(dariofoo @ Nov 5 2010, 08:52 PM)
Welcome,bro.

With regard to Qs 1,2 and 3, can you check out my reply to a query on the first page of this thread. I think I addressed a similar question. If you still need further enquiries, feel free to ask again here.

With regard to Q4, it depends on a lot of factors - legal fees for buying from developer is different from subsale - with title more disbursements compared to without title.

There's also legal fees for entry and withdrawal of private caveat (if with title) and also for filing CKHT 2A (for purposes of notice to the Inland Revenue Department)

With regard to Q4, yes it is the same, but as stated above, when you purchase from developer - the scaled fees are different (much less).

Helpful?  nod.gif
*
Does that mean we will eligible for lower fee if we appoint the lawyer assign by the developer? Like 70% out of the total? Correct me if I'm wrong.
yiivei
post Nov 5 2010, 10:06 PM

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[quote=dariofoo,Nov 5 2010, 09:44 PM]No,bro, the fees are lower (not necessarily 70% but depends on price of house) irregardless whether you appoint the developer's panel solicitor or your own solicitor.
*

[/quote]

So does that mean as long as I purchase directly from developer them I can enjoy the lower fees?
[/quote]

This post has been edited by yiivei: Nov 6 2010, 07:35 AM
yiivei
post Nov 6 2010, 07:32 AM

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Thank you for the explanation dario.

My understanding as below (correct me if I'm wrong):-

1. My developer told me that they will absorb the s&p charges, but with the condition that my mortgage lawyers also need to be the same lawyer. Is this safe to do so?

Ans: What I understand is that we can appoint the same lawyer for both s&p n loan agreement provided that the solicitor is acting on my behaf for the s&p rite? Eventhou if they do, they less likely to entertain or act on my behalf if there is dispute in the future. Am
I right on this?

2. Pertaining to the above, is it advisable for me opting for the developer lawyer so as to save on the s&p charges?

Ans: as above, I need to evaluate the cost vs benefit. Since I purchase directly from developer, thus I am entitle to lower fee irregardless of the lawyers appointed. However, if the developer insist me to appoint their panel lawyer for s&p and I insist to appoint another lawyer for loan agreement. The developer panel lawyer could hav charge me a huge cost on the disbursement rite?


Thanks.


yiivei
post Nov 6 2010, 03:11 PM

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Ok understood.

I being quote by a lawyer for a total of RM5,140 for S&P and loan agreements (property cost RM244k). I'm unable to get the breakdown from them at this moment.

Let say if i proceed with the loan first before signing the S&P.
1. Do i need to pay the legal fees for the loan agreement so as to get bank to proceed with the loan approval?
2. If yes, what if the loan got disapprove, is there any way for us to claim the lawyer fees back?

Thanks

This post has been edited by yiivei: Nov 6 2010, 03:43 PM
yiivei
post Nov 6 2010, 06:16 PM

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Thanks once again dario.

I have a clearer picture now.

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