1. Developer's lawyer as per the SPA.
2. Same as above. It will be kept by the lawyer as stakeholder.

Never heard of such things as gross and nett selling price in SPA.

This post has been edited by dariofoo: Dec 18 2012, 01:47 AM

You need to pay the loan lawyer to prepare the charge.

Risky in the investment sense - best to ask in the open forum.

Risky to give the 10k the lawyer - as long as you get a client's account receipt, it should be ok. Check out also if the firm is listed in the malaysian bar website.

In the SPA, a deadline can be set for the vendor to obtain the MOT from the developer and hand it over your lawyers. Is the vendor represented? If not, has he authorised your lawyers to act on his behalf to prepare and follow up on the MOT? That is usually the way. To expect the vendor to do everything on his own would only prolong things.

Lawyer will do it.

It is risky in the sense that the vendor knows that lawyer and perhaps, that lawyer once acted for the vendor in some other matter. Now, the vendor is trying to save legal fees by pushing that lawyer to you to appoint and pay full fees, while he just pays minimal fees without the need to appoint his own lawyer. If you decline to appoint this lawyer, don't be surprised to see that he eventually appoints that same lawyer.

Read my post in the first page on appointing a lawyer for your SPA.

Dear all,

Tomorrow will be the last day for everyone to field questions, as I would be on a break until the new year.

Would also be closing this topic at the end of the year, as we are hitting the limit of 2500 posts not long from now.

If the situation permits, I will open v3 of this thread and start 'work' in the new year.

If v3 is out, I hope to improve the first page of this thread to contain more relevant information.

Cheers.

This post has been edited by dariofoo: Dec 19 2012, 05:42 PM

Advertisements, brochures, flyers and show units are all considered an invitation to treat (ITT) and not an offer to a purchaser. An offer is binding on the offeror once the other side accepts. An ITT is not binding upon the party issuing it, in this case - the developer. It is an invitation to you to make an offer based on what you see.

Unless - all the above are stated specifically in the SPA. But I doubt so, as the most detail they would give is the plan and the list of fixtures and fittings.

You can still file a complaint with the developer, the HDA and also the Homebuyer's Tribunal, but do you have any evidence in writing of the promise? Or was it just a show unit? If nothing in writing, you might face an uphill task.

Is there a tenancy agreement? If yes, then follow the procedure there. If you want to terminate, you need to give 1 month's notice to the tenant to surrender vacant possession. That is what would normally be stated in the agreement. Check yours.


It is illegal to lock up and deprive the tenant the use of the premises. Just because he did not pay does not mean you can lock him out.

Lodging a police report does not make the act legal in any way. He can sue you for losses in his business if you lock it up without any court order. You also cannot terminate the utilities.

Best to try to negotiate a settlement and for the tenant to move out quietly without any further problems and costs to both sides. If still cannot,then it would be best to consult a lawyer. But do not wait too long as remember, one month's notice of eviction has to be given.

Comparing the purchase of a property with a dinner plate is KFC is like comparing apples with oranges.

When you decide to purchase the property, you proceed to sign the SPA. So, parties are bound by what is stated in the SPA. End of story. Whatever stated in the brochures and other verbal promises made - if it is not included in the SPA, the developer is not bound by it.

With regard to KFC, one does not merely look at the photos before making an order. There would be a proper menu with the list of what is included in the set. Of course if the list states that it included potatoes, and potatoes were not served, then you can demand for it. I have not come across any KFC outlets who refuses to serve whatever is listed in their set meals.

Yes it can and it should go to you.

Without lawyer would b difficult. Unless you are talking about self-help measures, which are illegal. Consult a lawyer to send out a notice of eviction.

Merry Christmas and happy holidays to all.

Am closing v2 now. Cheers.