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 Lawyer's Corner v2, One-stop centre for any legal queries

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MugenK20A
post May 30 2012, 10:24 AM

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QUOTE(dariofoo @ May 29 2012, 05:45 PM)
Go the the land office and inform them. A form will be given to you to be filled up. They would advise you to lodge a police report. Ask their advice as to how to word it. Then you submit the form together with the report and payment for processing fees and also fees for publishing in the Gazette. Then the land office will process a fresh grant for you.
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Roughly how long i have to wait for a new title?
TSdariofoo
post May 30 2012, 10:35 AM

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QUOTE(kongjong @ May 29 2012, 04:49 PM)
i received house key last saturday which had been delayed abt 2 weeks time. developer hand over me the CCC document, is this a valid CF? the electric and water are not ready to be used (not even see the meter) (but ready to connect only), wall plugs yet to install also, is this a trick for developer to compensate buyer lesser amount on delay? can i claim more until all thing set to be ready?
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CCC is the replacement for CF since 2007. It is valid. For CCC to be issued, only the mains of the utilities has to be ready, not the individual connections.

With regard to wall plugs, you can write in and request that the developer rectify same as there is Defect Liability Period of 18 months.

My opinion is that you can only claim for 2 weeks of delay only.

TSdariofoo
post May 30 2012, 10:36 AM

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QUOTE(mypetridish @ May 29 2012, 08:52 PM)
question, if the lot I am selling is Bumi quota lot, will I have any problems selling it to non-Bumi?

It is a freehold semi-D in Nilai Impian.
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Read the earlier posts in this thread for your answer as this question has been posed before.
Investor09
post May 30 2012, 11:13 AM

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Hi Dario,

Kindly advise my situation below,

Since paid 3% earnest deposit, sign booking form, loan approved & sign loan letter offer. Proceed to sign spa and owner suddenly refuse to sell the house. So I asked my lawyer to tell them shall refund the xxx earnest deposit and further sum of xxx amount equivalent to the earnest deposit. But then, the owner lawyer do not agree and ask us to refer the matter with the property agent. Kindly advise and million thanks.
TSdariofoo
post May 30 2012, 11:21 AM

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QUOTE(kobe8byrant @ May 29 2012, 09:48 PM)
Can anyone tell me what is a block title?
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A Block title is essentially a master title which is identified via a separate block. For example a condo development with two high-rise blocks. One block title for each block, both forming part of a master title. It does not digress from the fact that it is still a master title.
TSdariofoo
post May 30 2012, 11:21 AM

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QUOTE(MugenK20A @ May 30 2012, 10:24 AM)
Roughly how long i have to wait for a new title?
*
Depends on the efficiency of the land office staff icon_rolleyes.gif

TSdariofoo
post May 30 2012, 11:24 AM

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QUOTE(Investor09 @ May 30 2012, 11:13 AM)
Hi Dario,

Kindly advise my situation below,

Since paid 3% earnest deposit, sign booking form, loan approved & sign loan letter offer. Proceed to sign spa and owner suddenly refuse to sell the house. So I asked my lawyer to tell them shall refund the xxx earnest deposit and further sum of xxx amount equivalent to the earnest deposit. But then, the owner lawyer do not agree and ask us to refer the matter with the property agent. Kindly advise and million thanks.
*
Once the booking form and 3% has already been paid, then there is a binding contract. Has the owner signed the SPA as well? Or is it just you who has signed it? What is the reason given for the refusal to sell? Of course you can either accept the deposit (plus whatever extra sum as stipulated in the booking form) as damages or you can enforce the contract by suing the vendor in Court for an order of specific performance. icon_rolleyes.gif
napoli26
post May 30 2012, 11:43 AM

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hi dariofoo,
Good day, normally lawyer will have the copy of floor plan or not? if i ask them to provide me the floor plan, should be no problem for them to provide is it?
MugenK20A
post May 30 2012, 11:51 AM

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Thanks bro dariofoo for the reply thumbup.gif
secretagent2
post May 30 2012, 12:17 PM

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Hi Dariofoo,

I got a situation here and need your help.

Sold my apartment last year. During that time, the strata title was already out but I did not executed it.
Buyer lawyer has got consent from developer for direct transfer. S&P signed and they have already paid 50% of selling price to me for early handing over of keys (as agreed by both parties).

Is it true that I have to wait until the transfer is completed between the new buyer and the developer before I can get the balance of money?

Please advise and thanks in advance.




TSdariofoo
post May 30 2012, 02:07 PM

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QUOTE(napoli26 @ May 30 2012, 11:43 AM)
hi dariofoo,
Good day, normally lawyer will have the copy of floor plan or not? if i ask them to provide me the floor plan, should be no problem for them to provide is it?
*
Floor plan in relation to what?
TSdariofoo
post May 30 2012, 02:08 PM

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QUOTE(MugenK20A @ May 30 2012, 11:51 AM)
Thanks bro dariofoo for the reply  thumbup.gif
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Calling the land office from time to time would also keep them on their toes a bit. Sorry forgot to mention that. icon_rolleyes.gif
TSdariofoo
post May 30 2012, 02:11 PM

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QUOTE(secretagent2 @ May 30 2012, 12:17 PM)
Is it true that I have to wait until the transfer is completed between the new buyer and the developer before I can get the balance of money?
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Normally you will hand over the keys upon receipt of the balance purchase price in full.

Now you have agreed to hand over keys with 50% paid upfront to you. This itself is a variation from the usual way of doing things.

So, the answer to your question depends on what has been agreed between you and the purchaser with regard to the balance sum. There's no true or false answer as it depends on the contract. So please refer to it for your answer. icon_rolleyes.gif
yckit2000
post May 31 2012, 09:45 AM

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Hi Dario,

I was quoted approx RM14K legal fee for the transfer of property (double storey house) ownership to my mum. sweat.gif

The property is currently under joint ownership between me and my wife and the estimated legal fee is based property valuation of RM350K. I'm still servicing loan from the bank.

As for my mum, she is a co-owner of another property with my dad.

Is the legal fee reasonable? According to the lawyer, a bulk of the fee (approx RM10K) is due to the stamp duty + misc gov fee. blink.gif

Please advise.

Thanks notworthy.gif
it.fusion
post May 31 2012, 12:21 PM

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hi dariofoo,

i am currently in stage of my bank release BPP to the vendor...
may i know what documents, etc i will receive once this is done / once the handover are over ?

i had been given duplicate of SPA when signed agreement 3 months ago.. and thats the only document i have it in hand in regards of this purchase..

I had asked the SPA lawyer about this, but she are reluctant to answer on this. kindly advice.. thanks

This post has been edited by it.fusion: May 31 2012, 12:36 PM
TSdariofoo
post May 31 2012, 03:09 PM

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QUOTE(yckit2000 @ May 31 2012, 09:45 AM)
Hi Dario,

I was quoted approx RM14K legal fee for the transfer of property (double storey house) ownership to my mum.  sweat.gif

The property is currently under joint ownership between me and my wife and the estimated legal fee is based property valuation of RM350K. I'm still  servicing loan from the bank.

As for my mum, she is a co-owner of another property with my dad.

Is the legal fee reasonable? According to the lawyer, a bulk of the fee (approx RM10K) is due to the stamp duty + misc gov fee.  blink.gif

Please advise.

Thanks    notworthy.gif
*
Kindly use the calculator at the first page to calculate your fees. Then you can compare with the many samples in v1 of this thread.
TSdariofoo
post May 31 2012, 03:16 PM

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QUOTE(it.fusion @ May 31 2012, 12:21 PM)
hi dariofoo,

i am currently in stage of my bank release BPP to the vendor...
may i know what documents, etc i will receive once this is done / once the handover are over ?

i had been given duplicate of SPA when signed agreement 3 months ago.. and thats the only document i have it in hand in regards of this purchase..

I had asked the SPA lawyer about this, but she are reluctant to answer on this. kindly advice.. thanks
*
There is nothing secretive about it so I have no idea why your lawyer is reluctant about it. Maybe she doesn't know? hmm.gif

Is your property with or without title? Is your loan conventional or Islamic? It makes a difference. Let me know and I'll list it down for you.


it.fusion
post May 31 2012, 04:05 PM

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QUOTE(dariofoo @ May 31 2012, 03:16 PM)
There is nothing secretive about it so I have no idea why your lawyer is reluctant about it. Maybe she doesn't know?  hmm.gif

Is your property with or without title? Is your loan conventional or Islamic?  It makes a difference. Let me know and I'll list it down for you.
*
the property are freehold with title, the original title are currently handed over to my bank lawyer.
bank loan are conventional..

it has been quite hard for me to get info from the SPA lawyer since the first day....
the bank loan lawyer are much better and informal..
TSdariofoo
post May 31 2012, 04:25 PM

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QUOTE(it.fusion @ May 31 2012, 04:05 PM)
the property are freehold with title, the original title are currently handed over to my bank lawyer.
bank loan are conventional..

it has been quite hard for me to get info from the SPA lawyer since the first day....
the bank loan lawyer are much better and informal..
*
Basically the docs which you should have a copy of are:

-duplicate SPA
- Title (Geran), in your favour once it has been presented and extracted
- Proof of payment of RPGT - plus CKHT forms

From your loan lawyer:

- Loan Agreement
- Duplicate Charge

Other documents which you may request to have a copy of to put into your file are:

-Letter from LHDN stating the stamp duty payable (It's a Notice)
-Form 14A (duly stamped,if possible)
-Correspondence to land office and/or LHDN
-Discharge of Charge
- Copy of duly paid assessment, quit rent and any other receipts paid by the vendor.

icon_rolleyes.gif
it.fusion
post May 31 2012, 04:59 PM

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QUOTE(dariofoo @ May 31 2012, 04:25 PM)
Basically the docs which you should have a copy of are:

-duplicate SPA
- Title (Geran), in your favour once it has been presented and extracted
- Proof of payment of RPGT - plus CKHT forms

From your loan lawyer:

- Loan Agreement
- Duplicate Charge

Other documents which you may request to have a copy of to put into your file are:

-Letter from LHDN stating the stamp duty payable (It's a Notice)
-Form 14A (duly stamped,if possible)
-Correspondence to land office and/or LHDN
-Discharge of Charge
- Copy of duly paid assessment, quit rent and any other receipts paid by the vendor.

icon_rolleyes.gif
*
Thanks Dariofoo ! smile.gif

one more question are.. according to SPA lawyer, name transfer on the title at land office would take more than 4 months and this is handled by loan lawyer.
does this mean that i would not have visibility of the title till it is fully processed by land office ?

cheers

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