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Lawyers Corner, A one-stop centre on lawyers and queries
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yiivei
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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
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yiivei
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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?  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.
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yiivei
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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
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yiivei
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Nov 6 2010, 07:32 AM
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» Click to show Spoiler - click again to hide... « QUOTE(dariofoo @ Nov 5 2010, 10:33 PM) Yes, and according to the First Schedule to the Solicitors' Remuneration Order 2005: ...in the case of any transaction governed by the Housing Development (Control and Licensing) Act 1966 [Act 118] or any subsidiary legislation made under that Act, the remuneration of the solicitor having the conduct of and completing the transaction, whether acting for the vendor or the purchaser, shall be- (a) RM250, if the consideration is RM45,000 or below; (b) 75% of the applicable scale fee specified, if the consideration is in excess of RM45,000 but not more than RM100,000; © 70% of the applicable scale fee specified, if the consideration is in excess of RM100,000 but not more than RM500,000; or (d) 65% of the applicable scale fee specified, if the consideration is in excess of RM500,000. Helpful?  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.
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yiivei
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Nov 6 2010, 03:11 PM
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» Click to show Spoiler - click again to hide... « QUOTE(dariofoo @ Nov 6 2010, 02:32 PM) 1) This thread is not to put down developer's panel solicitors or bank panel solicitors. It is not to suggest that they are incompetent or biased. It's to give you enough information to put things in perspective so that you can make an informed decision at the end of the day, after having weighed all the pros and cons. The choice is ultimately yours at the end of the day. Who can say for sure whether the developer's panel solicitors will actually (as you say) "less likely to entertain or act on your behalf if there is any dispute in the future"? Unless you have a crystal ball which can predict the future, even you can't tell whether there's even going to be a problem or otherwise, right? For all you know, the developer's solicitor can be later kicked out of the panel, and to exact 'revenge', he may agree to act for you to file a civil suit for damages for late delivery, for instance, if the event occurs. 2) Disbursements for purchase from developer is really not much. How much of "huge cost" can they charge you anyway? If you're really worried about it, get a quotation from the solicitor and put it up here for us to take a look and advise you further.  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
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yiivei
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Nov 6 2010, 06:16 PM
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» Click to show Spoiler - click again to hide... « QUOTE(dariofoo @ Nov 6 2010, 05:42 PM) 1) You can apply for a loan but technically, you can't execute the loan documentation before you execute the S&P. I think what you meant to say was sign the Letter of Offer from the bank,right? In that case, yes you can. 2) Hope you understand the flow from the above explanation, but let me try to reproduce it here again: Sign Offer to Sell (pay booking deposit 2%) -> Sign S&P -> Sign letter of offer -> sign loan documentation or Sign Offer to Sell (pay booking deposit 2%) -> Sign letter of offer -> sign S&P -> sign loan documentation The second scenario is more secure as there would be a problem if you sign the S&P but later, you can't secure a loan [eg due to insufficient income docs or low valuation]. In such cases, the S&P would have to be aborted (unless you can come up with cash to make up the shortfall), and the vendor actually has the right to forfeit the 10% deposit.  Thanks once again dario. I have a clearer picture now.
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