1) When it comes to legal jurisdiction, Labuan is considered part of Sabah. Cases from Labuan fall under the jurisdiction of the High Court of Sabah. When it comes to tenancy agreement, I don't think it makes much of a difference. Look at which is more convenient. Perhaps a lawyer based in Labuan itself can offer lower disbursements as they would not need to travel further?

2) Can't advise much without further facts. There must be a reason for the delay. Can't just assume and blame the lawyer. Get an explanation in writing from the lawyer - probably a chronology of events for the past two years. Then you would be able to assess the situation more clearly.



This post has been edited by dariofoo: Dec 22 2011, 01:37 AM

Dear all,

I have a question here. I'm selling off my leasehold apartment (without strata title, VP in 2008) and the buyer bank already paid up my oustanding loan with my banker (begining of Oct,2011). I thought i can get my balance pretty fast but my S&P lawyer claimed that they still need to get the "revoke? or rework permit" from Shah Alam high court. Till today, i heard that it still prnding there since the submission on end Oct. Is it true that the process in high court will take that long? I had signed the S&P in on early March, 2011.

This post has been edited by keongzai79: Dec 22 2011, 09:09 AM

Dear All,

I have a problem here. This is supposedly a straight forward case, has turn convoluted thanks to family and lawyers handling the issue.

My dad passed away about 10years ago. He has a property that he co-owned with my uncle. Due to some falling out, my mum asked my uncle to sell his half of the property. He consented to transferring the property with the condition that my mum has a 2nd person to co-sign the property. At that time, my sister and I are not 18 yet, so we can't sign for the property.

My mum got another person from her side of the family to co-sign. Transfer were done, and all is cleared off. Now, the main problem comes in. My sister and I are of age now, so my mum wants to transfer the property to 3 names, i.e my mum, my sister and I. She got a lawyer to try to handle the case, but not long after, he dropped the case. Next up, another lawyer took over the case, but they dropped out after that.

Currently, we have a new lawyer, but they have no news for almost a year.

My question is, why is it taking them so long just to transfer? It has been over 5yrs since my mum started this process. Is there any way for us to make the process faster?

The lawyer is referring to revocation of Power of Attorney (revoke PA is the common term used). Unfortunately, Shah Alam Court is very very slow when it comes to revocation of PA. If KL Court it can be done on the spot. For Shah Alam easily have to wait 2 weeks at the earliest and as for latest, there is no limit. Depends on the efficiency of the staff who is in charge. Your lawyer has to keep following up. Furthermore, as it is end of the year and holiday season, it is usual for things at Govt offices to progress slower than usual.

For leasehold with consent, it is usual for SPAs to take 6-9 months to complete.

Hope yours can be completed soon.

It shouldn't take very long. There's no charge or assignment to a bank in exchange for a loan right? If title is clean then transfer can be done very fast.

Write to your lawyer and ask for a written chronology of events for the past one year. Give them 7 days to reply and state that failing which you will file an official complaint with the Advocates & Solicitors Discip Board. Then wait for their reply. Come back for further enquiries.

thnx dariofoo ....mostly how much it will cost for a lawywr to make a tenancy agreement..im realy dont know about this,

For Semenanjung Malaysia, under the SRO - it is fixed at 25% of monthly rental or RM300, whichever is higher. For East Malaysia, I'm not sure.

Thanks alot for the reply,Dario...
dunno how long I need to wsit for the mentioned revoke PA...
talk about the efficiency of our civil servants.....sian liao!

ic...thnx dario..

dear all

how do we count and calculate working days on letter of offer ? does it commence on the date of signing or the following day

thanks

This post has been edited by sunnyK: Dec 24 2011, 11:46 PM

@ SunnyK,
The next following working day is count as the 1st day.

This post has been edited by Milo_O: Dec 24 2011, 04:47 PM

Hi dariofoo,

Need your advice.
I had bought an apartment last year June at RM250k.
Lawyer informed that the vendor is given 12+6 mths to claim the strata title.




Today, I saw the same unit for sale at RM390k.
I contacted the agent and it is the same unit I bought last year.

Can the vendor put the property on sale again and can I take any legal action against him?
If he failed to claim the strata title within the timeframe, 10% will be returned back and the SnP will be terminated? Just like that?

Thank you in advance for your advice.

MERRY CHRISTMAS TO EVERYONE~!

This post has been edited by Goodemon: Dec 24 2011, 05:37 PM

Hi guys,

not sure this is the right section or not

here's the situation, my parent house is currently under renovation
contractor gave quotation RM100,000, we pay, they promised to be completed in january
project is about 50-60% completed (about 2-3 weeks behind schedule)

now, the contractor saying money finished already
now ask my parent to top up claimed material cost rise (harga semasa-in his own word)

my question is can my parent take legal action against them, what are our chances of winning
and what should be our next step

thank you

Time starts to run from the next working day

He can't put it up for sale when he has agreed in a written contract to sell it to you.

The clause will only apply if the vendor has indeed applied for the title and he failed to get it extracted within 18 months.

If he did not act on it and merely waited for time to run, then he cannot rely on that clause.

Time to check with the vendor as to the status of the strata title. It's been too long. He's probably not following up and merely waiting for time to end, just to frustrate you and try to sneak out using that clause.



This post has been edited by dariofoo: Dec 24 2011, 07:09 PM

This is the right section. Welcome.

Sounds like breach of contract by the contractor against your parents. I hope that there is a detailed quotation given out by the contractor which both parties have agreed and signed.

If cakap mulut contract then how you want to prove that he agreed to do the whole thing for RM100K?

The next step is to see a lawyer. But before that you better weigh all consequences if the contractor is still in the house, doing work. Remember he can sabotage things. Perhaps tell him to stop work first and get his things out for awhile. Then seek legal advice.

thank you.

we have black and white
but the detail I'm not so sure since my parent didnt disclose it to me
my mum busy browsing internet about consumer tribunal as I write this

thats the problem now
because project is only about 50-60% completed but they used up all the finance already

we scared about this sabotage thing as well

Well noted.
Probably I did not follow up with the vendor as well.

Thanks for the advice.

This post has been edited by Goodemon: Dec 24 2011, 10:32 PM

Hope it is detailed enough then.

Your parents would be better off getting a lawyer to sort this out. With all due respect, the tribunal is mostly used for minor disputes and it would not be much of a "threat" to the contractor if you resort to that. A formal letter of demand would be better in these circumstances. Just my opinion.

Your lawyer ought to follow up with the vendor, or the vendor's lawyer, at least once a month. Check with your lawyer.