Dear Lawyers,

I'm in the mid of performing land ownership transfer & there is a clause in the previous title that preventing 3 holders transfer to 2 holders. So I appoint the lawyer to cancel off the clause before we can proceed.

Question:
My lawyer now ask for the original title to pass it over to the land office. I would like to know is the procedure valid? Is it alright to give him the title without black/white?

Yes, since you're applying for a fresh title, the original one has to be returned to them.

You can prepare a simple letter enclosing the title and ask the firm to acknowledge it for you.

Thank you sir for the prompt reply, will do as advice.

Hi dariofoo,

Not sure if you missed my posting. Appreciate if you can advise on this. Thanks.
//

I own an apartment. The condo is very nice except for some people turning it into a budget motel. They rent out room by room on nightly basis. I know one of the biggest operator owns and rents more than 20 apartments. He is running big business. Even have a few cars to ferry his guests to airport.

As this is a residential place, is there any law that disallow such practice? Can he use a residential place to run a business? What legal steps can we take to get him to stop? Can make police report or MP can help? With so many unknown faces walking in and out, it makes the place unsafe.

Appreciate your advice. Thank you.

Sorry I remember typing a reply but I've no idea how come it is not posted.

In this case, can you prove that he is indeed operating a business? Anything in black and white? Any name card which states the existence of a business at the condo run by xxx? If so, then you can lodge a report with the municipal council that xxx is running a business without a license.

Perhaps you can also bring it up with the JMB and see if there are others who have similar thoughts as you do.

However, do note that as long as there is no nuisance to your use and enjoyment of your own unit, you cannot sue or seek any legal right against the owners of the multiple units as the condo is not your exclusive possession.

Hi there,

I am working for a developer and I am having problem with 1 of the legal firm whereby this guy had been delaying our task which had affecting our purchasers. It is pertaining to the tranfer of title from developer to the home buyer. We were thinking of lodging a complaint on him but we do not know how to go about it.

Appreciate if you would provide some advice.

Thanks.

Hi dariofoo,

I've just got the CCC + VP + keys for my new house...am a 1st time house buyer. Also, already settled the electric + water deposit quite some time back. Electric deposit paid directly to TNB, while water deposit paid to developer (developer will compile a stack and settle with SYABAS as they said that SYABAS don't want to entertain individual customers, but in bulk). The problem is that until now SYABAS have not installed the water meter / connect the water supply yet. I've already followed up with the developer a couple of times and each time, they said that "oh, there are too many houses in this development phase, so it will take some time for SYABAS to install the water meter...so sorry but we can't tell when SYABAS will be able to install the water meter for your house, just wait lah..." Am so frustrated as I can't do any cleaning up at all. Is this a normal process where we have to wait for some time before SYABAS connect the water supply for us, even after we've gotten our keys?

I've done the defects list and sent in the list together with an official letter to the developer, where I've also stated that there's no water meter/water supply yet. Is there any time frame for the developer to act on the defects and also ensure that the water meter is connected? How long do I have to wait before filing another letter of complain, and how should I go about with this? Please advice...thanks in advance!

This post has been edited by janice11: May 23 2012, 04:34 PM

I would recommend that you read this thread as it is very useful and relevant to your situation.

http://forum.lowyat.net/topic/385900

At the first page of this thread there is a link to the Advocate & Solicitors Disciplinary Board. If you want to file a complaint, you need to do it there. You don't need a lawyer to draft the letter of complaint or to represent the company at the hearing (if the Board decides that the complaint is valid). However, a lot of complainants prefer to appoint a lawyer as in the end, you'll be going head to head with another lawyer (the respondent), not a layman.

Dear Dario,

Scenario:
Father is one of the 3 Developers, holding 1/4th share of the Master Title.
8 semi-D house built, title has not been issued yet.
So, the father entitled for 2 semi-D house.
Now, the father would like to assign the 2 houses to his wife and son each. No SPA.

Question:
What documents need to be prepared/sign?

Dear Dariofoo,

If a friend of mine die of heart attack, does heart attack fall under the defination of accidental death?

Thanks.

Thanks, janice11. Will try calling up SYABAS to find out...


Thanks for the link, dariofoo. Another question, can I install a temporary pipe to connect the water supply for the time being while waiting for SYABAS to come install the water meter/connection? Will I be fined for doing this? I feel that it's not illegal because legally, the house should already have water supply connected once the keys have been handed over to the owner... or else the developer has no right to request the bank for full payment when there's no water supply yet! what do you think?

This post has been edited by cheekily: May 23 2012, 02:22 PM

Accidental death normally refers to death via accident, for example, traffic accident, drowning, murder/homicide, a fall causing death, heavy equipment mishap causing death.

Heart attack would fall under illness. So the beneficiary would still be entitled to compensation via life insurance, but would not be entitled for benefits under the rider for accidental death.

Am only 90% and not 100% sure on this, so please read the definition in the insurance policy. That would be the one and only interpretation of the term.

Am assuming that the 2 houses are not encumbered?

If so, then a Deed of Assignment (DOA) is all you need. Perhaps a Deed of Gift would be prudent to be prepared for additional 'security' purpose just in case any dispute arises as to the legitimacy/voluntariness of the DOA in the future.

Hi Dario:

I have a questions need your advise.
I just signed the letter offer for NEW teres house (my 1st house) in Shah Alam, it is still under-con and estimate to complete within 2 years (March 2014). The developer already get the grant. Now waiting lawyer call to sign the S&P and loan agreement.

I have received the draft bill for the legal fees & disbursements fees, property price RM338,990, banking facility of RM300,000.
Total fees is RM6222.30. I have attached it as JPEG shown as below:

My question:

1. What is the loadgement and withdrawal of private caveat under legal fee portion and what is entry and withdrawal of private caveat @ land office under disbursements portion? Is this applicable for new house under-con?
2. What is charge and consent to charge under legal fee portion?

Appreciate your advise and million thanks.

LEGAL FEES - Loadgement and withdrawal of private caveat** >> RM350

DISBURSEMENTS - Entry and withdrawal of private caveat @ land office** >> RM420



This post has been edited by Galaxy Angel: May 24 2012, 01:31 PM

1. It is for the bank to enter a caveat upon the title to protect their interest. In some cases, iIn your case even though it is a new development, the main issue is that the individual title is out. As such, the lawyer would advise the bank to lodge a caveat upon the indiv title. If Master Title, there could be a chance for a request for it to be waived. Of course, this depends from bank to bank.

2. Charge is the charge annexure. It is a subsidiary security document. Legal fees for such documents are 10% of the principal document. Consent to charge would mean that your property has a restriction in interest, i.e. consent of the state authority is needed.

Thanks Dario, really good and no more worry after your advise. =)
They told me need to pay for MOT when sign S&P and loan agreement that time as the grant is out. In other words, can I said this is already in individual title? OR I will need to check with developer which title it is?

Good day all,

I need some urgent advice on a situation here regarding a piece of property I've sold.

How should I go about dealing with a law firm which had not followed specific instructions on transfer of title for a piece of inherited property?

Instead of following instructions of transferring my late mother's portion (50%) of the property under my name, the lawyers had transferred the property entirely to me (i.e. both my mother and father's portions). This would not have been a big issue, except that under the same lawyer's counsel, we were told that we could sell the property during the interim, which did take place, and the S&P with the buyer signed. Now that we've received the 1st transfer of title (i.e. the supposed transfer of my mother's portion into my name, which the law firm botched up), we just found out the mistake made by the lawyer.

The law firm has vehemently denied their mistake when confronted, instead placing the blame on us. To make things worse, the lawyer involved with doing our documents is on long leave, and not contactable. We've shown proof of intent, including an invoice issued by the law firm indicating that only my mother's portion of the property was to be transferred under my name. Still, they have refused to admit to their mistakes. We have tried seeking help from the Bar Council, but they have not been of much help either. FYI, the mistake they've made will cost us much financial bearings (ie. cost for redoing the S&P with the buyer, income tax on 100% of the property instead of 50% on my portion), and further delays. The lawyer told us it would take only 1 year for the 1st transfer to take place, but we had waited 3 years before the lawyer told us we could sell the property, and since signing the S&P, we've waited another 1 year.

Could anyone please advise me on the best course of action in this instance? The property is leasehold, and requires the endorsement from the State Exco. So far, the State Exco has been very helpful, assuring us that as long as we redo the S&P, it is possible for their side to speed up the process to reduce any further delays (although it would still take about 1 month). The "reason" given was delay at the state land office, which we found out was not the case, i.e. the lawyer was deliberately delaying the process (no idea why).

My father and I are very unhappy about the situation, and would like to take the lawyer, and the law firm to task.

This post has been edited by Michael J.: May 24 2012, 04:05 PM

Grant = geran = title = individual title. All the same terms with the same meaning

Stamp duty would be payable for the MOT to transfer from the developer's name to yours. Yes, it would be in relation to the individual title. MOT is memorandum of transfer = Form 14A.

Another thing which you need to note is that if this is your first property purchase and since your SPA price is less than RM350k, you would be entitled to 50% rebate from the stamp duty upon the MOT and also the principal loan documentation (facility/loan agreement).