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 Lawyer Fees., Overcharge.

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TSspchon2
post Oct 12 2011, 11:12 AM, updated 15y ago

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Hi,

i purchases a condo with amount of RM309k. the total spa cost from lawyer is RM11,315.78. is it reasonable? can i report this to lawyer bar council? the lawyer firm is from mutiara tropicana. i deal with one lady who claims she is one of the partner. her name is H*Y*T**.
TSspchon2
post Oct 12 2011, 01:31 PM

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only spa. yeah, i think the lawyer charge too much. the details as below,

SPA Agreement: RM2,613
Memorandum of Transfer: RM300
Entry of Private Caveat: RM300
Withdrawal of Private Caveat: RM300
CKHT 2A: RM400
State Authority Consent: RM300

6% Government Tax: RM252.78

DISBURSEMENTS:
STAMPING OF SPA: RM40
STAMP DUTY ON TRANSFER: RM5,180
REGISTRATION FEE FOR TRANSFER: RM400
ENTRY OF PRIVATE CAVEAT: RM340
WITHDRAWAL OF PRIVATE CAVEAT: RM100
BANKRUPTCY SEARCH: RM50
LAND SEARCH: RM90
AFFIRMATION ON STATUTORY DECLARATION: RM50
CARIAN RASMI AND PROCESSING FEE FOR CONSENT: RM100
REGISTRATION FEES FOR CONSENT TO TRANSFER: RM100
STAMPING STATUTORY DECLARATION: RM50
PRINTING & PHOTOCOPYING CHARGES: RM150
TRANSPORT, TELEPHONE & FACSIMILE CHARGES: RM150
MISCELLANEOUS: RM50

TOTAL: 11,315.78

another blood sucker lawyer. guys, u all better watch out to get rid of this lawyer!
TSspchon2
post Oct 12 2011, 08:29 PM

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QUOTE(leongal @ Oct 12 2011, 04:44 PM)
well, for the price paid, did your lawyer performed his duty as expected?
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not at all. hav u encounter that when u call the lawyer 10 times per day, not even answer call once. and she never call back or sms back. what can do abt this?
TSspchon2
post Oct 14 2011, 08:57 AM

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is there anything i can do abt the charges? because of this lawyer, i had read through the SRO. is the SRO still valid? coz it was from year 2005.
TSspchon2
post Oct 14 2011, 10:20 PM

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QUOTE(ruben7389 @ Oct 14 2011, 02:24 PM)
I just got my invoice from my lawyer - preperty under master title so no caveats etc. purchase price 465K lawyer fee excluding stamp duty 3029.30.  IMO she is quite good as she has done my previous purchase.  Location Puchong so if you want PM me I'll pass you her contact
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thanks for ur suggestion. but my spa stamped.


Added on October 14, 2011, 10:30 pm
QUOTE(cynthusc @ Oct 14 2011, 04:26 PM)
From the bill it looks like your property is with title, leasehold or purchase by foreigner and to be registered under two names. Where is the Property?
Private Caveat is optional but advisable if you do not trust the Seller.
Bankruptcy search on the Purchaser's status not necessary but it is necessary for the Seller
Land Search should only be RM30 unless there is more than one title
Affirmation is only RM4 per person so I am not sure why they are charging so high
Why do they need to stamp the Statutory Declaration? This is only necessary for the loan and not the SPA
Why are you paying for the State Authority's Consent? If the land is a leasehold land then the Seller should pay but if the consent is pertaining to the Purchaser buying as a foreign citizen then the Purchaser pays.
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hi cynthusc,

the property is freehold with strata title. i am msian. it is under 2 names.

do i still need the state authority consent?

the spa stamped already. anything i can do?

This post has been edited by spchon2: Oct 14 2011, 10:30 PM
TSspchon2
post Oct 18 2011, 09:56 AM

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QUOTE(CherryLady @ Oct 15 2011, 04:50 AM)
Hi spchon, perhaps the attached link (enabling you to download the SRO) may be of assistance. You can refer to the First Schedule for the details on the legal fees on the SPA, the quoted fee is correct, but I doubt certain items here:-

PROFESSIONAL FEES
1) Legal Fee on MOT - As far as I am concerned, in subsale case, once legal fee has been charged on the SPA, automatically legal fee on the MOT for RM300 should be waived.
2) Entry of Private Caveat should be RM200 (not RM300) & Withdrawal should be RM150 (not RM300 as per quoted). Refer to Item (h) and (i) respectively of The Fifth Schedule of  SRO. However, this is at your option. You may elect not to lodge caveat but in order to better protect your interest, please proceed with the caveat.
3) CKHT 2A - Should be RM200 (not RM400 as per quoted) - Item (e) of the Fifth Schedule SRO.
4) State Consent (Legal fee of RM300) - For freehold property & since you're Malaysian, no need leh!!

DISBURSEMENTS
1) Withdrawal of Private Caveat - Is it Selangor property?The fee should only be RM60.
2) Land Search - Correct, RM30 per search. Normally lawyers charged RM60 (RM30 at the stage of opening the file & RM30 prior to presentation).
3) Affirmation on SD - Correct, RM4 or RM5 per affirmation. If they charge RM20/RM30 should be sufficient already.
4) Carian Rasmi & Processing Fee AND registration fee on consent to transfer - What the heck?This is freehold kan?No such charges unless there is restriction in title!
5) Stamping SD - Minimal stamping per SD is RM10, if they charged RM20/RM30 is already enough.

The rest might involved minimal mark-up (in case of urgency/any necessities). However, you may negotiate further on printing/transport charges. However, if they cannot give on that two items, not really a big issue. But the rest...Dude, you may check with that lawyer again! Bring the SRO, it is still valid & applicable, no amendments made as of to date. Scrutinize the item 1 by 1. Good luck! rclxms.gif

Anyway, disbursement can be negotiated, only legal fees are not allowed as already set under the SRO.


Added on October 15, 2011, 4:51 amSorry, missed out the link.

http://www.malaysianbar.org.my/index.php?I...ask=doc_details

SPA stamped?But have you paid the fees?Though fees paid you can ask for the refund.


Added on October 15, 2011, 4:59 amOh yes. For SPA, SDs for bankruptcy & own occupation are not required. Those are only for loan. You may discuss on that part too.
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hi CherryLady,

thanks for ur clarification. there are few things need ur help for more details.

if the buyer got 2 ppl, CKHT 2A of RM200 is per person?
For the Withdrawal of Private Caveat under disbursement, if the property @ KL, it is same as RM60?
SDs for bankruptcy & own occupation is charged on 'stamping statutory declaration'?

beside, i havent paid the legal fees. the spa stamped on 21/9/11.


Added on October 18, 2011, 9:58 amguys and gals, may i ask u all, for part of the 10% downpayment, i should write a cheaque to my lawyer firm or the seller?

This post has been edited by spchon2: Oct 18 2011, 09:58 AM

 

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