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

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silversuave
post Dec 30 2011, 02:32 PM

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QUOTE(dariofoo @ Dec 13 2011, 12:49 PM)
I answered it in para (3) - 0.5% of loan sum. Flat rate. 20% less if Islamic financing.

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If i am a first time home buyer and using islamic financing, do i get 50% + 20% exemption for the stamp duty of loan agreement?
tobetest
post Dec 30 2011, 03:39 PM

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QUOTE(dariofoo @ Dec 30 2011, 01:45 PM)
Excellent. Do a clean transfer with "love and affection from husband to wife" as consideration via a memorandum of transfer (MOT).

100% exemption upon stamp duty on the MOT and perhaps just few hundred in disbursements.

Legal fees would be a reasonable figure not more than the scaled fees according to the market value of the property at the time of transfer. In other words, it's negotiable.

The work is minimal anyway, as there is no SPA involved. Don't be tricked into paying more for preparation of Deed of Gift, etc. That is not needed based on the facts of your case, i.e. from husband to wife.

All in all, can be completed within 3-4 weeks at the soonest.

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lyt25_1234
post Dec 30 2011, 04:29 PM

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Hi Dariofoo,

I have a situation here. I just sold my property and the purchaser's lawyer promised that she will inform the purchaser to get the Cukai Pintu to assing to his account and cancel mine, but after more than few months, I received the letter for the Cukai Pintu which is still under my name.

What should I do now? Call the purchaser lawyer to chase the purchaser to do it? Or I settle the bill first and then claim from the purchaser's lawyer?
TSdariofoo
post Dec 30 2011, 04:32 PM

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QUOTE(GuyM @ Dec 30 2011, 01:59 PM)
DarioFoo,

Just wanna wish you Happy New Year and may you have a thunderous dragon year!!!

Cheers as always!!!
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Happy new year to you too, chief. Have a great year ahead. notworthy.gif

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SUSleechers
post Dec 31 2011, 07:51 AM

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dario, altough this is not really a legal case, but i would like to seek for your advice.

as you may know, i am in the middle of buying an apartment, through an agent and this had come to the final step (hopefully) that is waiting for 1st release from the bank.

it is sub purchase, and the vendor (purchaser) keep chasing me about the payment, it already more than 10days (as promised by the bank, 10 working days for them to release payment) i am sub purchaser.

1. is it normal for the vendor to chase me, and not through agent? what is the purpose of the agent actually?

2. according to SPA, it is 3+1 from the date of getting the state consent, so i am not really worried but me too are really hopeful that i will be able to get the keys as fast as possible, so that i can proceed with with renovation etc.. should i worried that this process will pending at bank stage for quite a long period? this is maybank btw..

3. based on the receipt, the owner already made payment for maintenance etc to management office until december, let say i dont get the key by january 2012, do i need to pay for the management fee for january or do owner need to settle for it? according to agent i need to settle 3months of maintenance fee that is to pay back to owner for oct, nov and dis. is this normal practice?

please help

Milo_O
post Dec 31 2011, 01:43 PM

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Question: EPF withdrawal

Situation: Me and my girlfriend as a buyer wud like to withdraw EPF Account 2 for house withdrawal for a joint ownership for a property.
I already have a joint ownership of one property with my mother
My girlfriend already have a joint ownership of one property with his brother.

In this situation, can me and my girlfriend still withdraw from EPF to purchase a property ?

icon_question.gif sweat.gif rclxub.gif

This post has been edited by Milo_O: Dec 31 2011, 01:44 PM
TSdariofoo
post Jan 1 2012, 01:45 AM

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QUOTE(silversuave @ Dec 30 2011, 02:32 PM)
If i am a first time home buyer and using islamic financing, do i get 50% + 20% exemption for the stamp duty of loan agreement?
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TSdariofoo
post Jan 1 2012, 01:48 AM

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QUOTE(lyt25_1234 @ Dec 30 2011, 04:29 PM)
Hi Dariofoo,

I have a situation here. I just sold my property and the purchaser's lawyer promised that she will inform the purchaser to get the Cukai Pintu to assing to his account and cancel mine, but after more than few months, I received the letter for the Cukai Pintu which is still under my name.

What should I do now? Call the purchaser lawyer to chase the purchaser to do it? Or I settle the bill first and then claim from the purchaser's lawyer?
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You don't need to pay. Forward the bill to the purchaser's solicitors for onward transmission to the purchaser, and remind them that the purchaser has yet to do the change of name at the local authority. Put it down in writing. Insist on a receipt to be sent to you after payment so that you know it has been paid. nod.gif
TSdariofoo
post Jan 1 2012, 01:52 AM

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QUOTE(Milo_O @ Dec 31 2011, 01:43 PM)
Question: EPF withdrawal

Situation: Me and my girlfriend as a buyer wud like to withdraw EPF Account 2 for house withdrawal for a joint ownership for a property.
              I already have a joint ownership of one property with my mother
              My girlfriend already have a joint ownership of one property with his brother.

In this situation, can me and my girlfriend still withdraw from EPF to purchase a property ?

icon_question.gif sweat.gif  rclxub.gif
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You did not mention if it is the first time which both parties are making the withdrawal from EPF.

In other words, did either party make a withdrawal from EPF when purchasing the first house respectively? If yes, then you can't make another withdrawal until that house is sold off.

Another thing to note is that for withdrawal for purchase of property with a party who is not a kin, the other party must be the purchaser AND borrower as well.

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TSdariofoo
post Jan 1 2012, 01:58 AM

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QUOTE(leechers @ Dec 31 2011, 07:51 AM)
dario, altough this is not really a legal case, but i would like to seek for your advice.

as you may know, i am in the middle of buying an apartment, through an agent and this had come to the final step (hopefully) that is waiting for 1st release from the bank.

it is sub purchase, and the vendor (purchaser) keep chasing me about the payment, it already more than 10days (as promised by the bank, 10 working days for them to release payment) i am sub purchaser.

1. is it normal for the vendor to chase me, and not through agent? what is the purpose of the agent actually?

2. according to SPA, it is 3+1 from the date of getting the state consent, so i am not really worried but me too are really hopeful that i will be able to get the keys as fast as possible, so that i can proceed with with renovation etc.. should i worried that this process will pending at bank stage for quite a long period? this is maybank btw..

3. based on the receipt, the owner already made payment for maintenance etc to management office until december, let say i dont get the key by january 2012, do i need to pay for the management fee for january or do owner need to settle for it? according to agent i need to settle 3months of maintenance fee that is to pay back to owner for oct, nov and dis. is this normal practice?

please help
*
1. Vendor should buzz your lawyer, not you. Vendor should not have direct contact with you since you have a solicitor who is representing you. As for your query on purpose of agent - you'd better off asking an agent rather than here. nod.gif

2. Sorry I don't get your question.

3. Owner settles all utilities up to date of surrender of keys. It will be pro-rated, though some vendors don't mind and round it up to the month to make it easier. Perhaps the 3 months maintenance refers to advance deposit required by the management office. I'd suggest that you ask your solicitor to just check with the office to see what the rules are. Don't just take the agent or vendor's words at face value. And ask for receipt for payment for January 2012 also. Your bank will require it for the final drawdown/release.

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TSdariofoo
post Jan 1 2012, 02:00 AM

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icon_rolleyes.gif HAPPY NEW YEAR 2012 TO ALL! MAY YOU ALL HAVE A BLESSED YEAR AHEAD! nod.gif icon_rolleyes.gif

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SUSleechers
post Jan 1 2012, 04:02 AM

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QUOTE(dariofoo @ Jan 1 2012, 01:58 AM)
1. Vendor should buzz your lawyer, not you. Vendor should not have direct contact with you since you have a solicitor who is representing you. As for your query on purpose of agent - you'd better off asking an agent rather than here.  nod.gif

2. Sorry I don't get your question.

3. Owner settles all utilities up to date of surrender of keys. It will be pro-rated, though some vendors don't mind and round it up to the month to make it easier. Perhaps the 3 months maintenance refers to advance deposit required by the management office. I'd suggest that you ask your solicitor to just check with the office to see what the rules are. Don't just take the agent or vendor's words at face value. And ask for receipt for payment for January 2012 also. Your bank will require it for the final drawdown/release.

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dario, thanks for your advice. appreciate it every bits.

for no 2, it actually refers to 3+1 period of which further delay i will need to pay penalty for late payment, something like that, and based on S&P, it stated that the 3+1 starts from the date the state consent letter received, not the date S&P was signed. if im not mistaken the state consent letter received on end of november 2011, so should i need to worry for any late payment penalty?
yee5428
post Jan 2 2012, 09:36 AM

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urgent reply needed..
i rented a apartment since june 2009, for 2 years contact. on mid of dec'11, owner suddenly increase the renter from rm520 to rm700. we try to negotiate with owner, but she not agree,somemore today say want us to pay rm750 and just reserve 1 month for us to stay. can i know owner can simply increase the renter after contract expired?
TSdariofoo
post Jan 2 2012, 01:35 PM

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QUOTE(leechers @ Jan 1 2012, 04:02 AM)
dario, thanks for your advice. appreciate it every bits.

for no 2, it actually refers to 3+1 period of which further delay i will need to pay penalty for late payment, something like that, and based on S&P, it stated that the 3+1 starts from the date the state consent letter received, not the date S&P was signed. if im not mistaken the state consent letter received on end of november 2011, so should i need to worry for any late payment penalty?
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Well, you have another 2 months to go and as you said, bank is ready to release first drawdown. That's quite fast actually. nod.gif
TSdariofoo
post Jan 2 2012, 01:39 PM

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QUOTE(yee5428 @ Jan 2 2012, 09:36 AM)
urgent reply needed..
i rented a apartment since june 2009, for 2 years contact. on mid of dec'11, owner suddenly increase the renter from rm520 to rm700. we try to negotiate with owner, but she not agree,somemore today say want us to pay rm750 and just reserve 1 month for us to stay. can i know owner can simply increase the renter after contract expired?
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Once the tenancy expires, the tenancy continues on a month-to-month basis. Landlord has the right to negotiate new terms for continuation of rental. If you don't agree, you have the right to be given notice of one month to vacate the premises. So in this case, either you agree to the new terms or you move out. Remember that during the one month notice period, you still pay the old rental and not the new one. Landlord has no right to impose new rental without your agreement.

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SUSleechers
post Jan 2 2012, 02:36 PM

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QUOTE(dariofoo @ Jan 2 2012, 01:35 PM)
Well, you have another 2 months to go and as you said, bank is ready to release first drawdown. That's quite fast actually.  nod.gif
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Thx dario. Really apprecite your advice.
yee5428
post Jan 2 2012, 03:17 PM

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QUOTE(dariofoo @ Jan 2 2012, 01:39 PM)
Once the tenancy expires, the tenancy continues on a month-to-month basis. Landlord has the right to negotiate new terms for continuation of rental. If you don't agree, you have the right to be given notice of one month to vacate the premises. So in this case, either you agree to the new terms or you move out. Remember that during the one month notice period, you still pay the old rental and not the new one. Landlord has no right to impose new rental without your agreement.

nod.gif
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thanks....
SUSjalsrix
post Jan 2 2012, 03:17 PM

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Dariofoo, happy new year !

Can you tell me where I can get the buyer CKHT income tax form.
I am trying to save money by filling it up myself. Can I download it ? Will the income tax dept accept printer printed forms ?


After I have filled it up, what document do I need to obtain from income tax dept to hand to my lawyer so he can process my MOT ?


Milo_O
post Jan 2 2012, 04:23 PM

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QUOTE(dariofoo @ Jan 1 2012, 01:52 AM)
You did not mention if it is the first time which both parties are making the withdrawal from EPF.

In other words, did either party make a withdrawal from EPF when purchasing the first house respectively? If yes, then you can't make another withdrawal until that house is sold off.

Another thing to note is that for withdrawal for purchase of property with a party who is not a kin, the other party must be the purchaser AND borrower as well.

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Hi dariofoo,
Thanks for the respond rclxms.gif
Me and my girlfriend have not made any withdrawal from EPF Account 2 before

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rukawa_mc
post Jan 2 2012, 05:35 PM

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Dear Dario, need your kind advice on my scenario.

My father had passed away and left a property to us. All siblings agree to sell the property. As such, we had decided to assign a lawyer to make the transfer ownership matter on the grant so that we can sell the property.

My inquiry is,
1. How long would it take to transfer the ownership to our name via lawyer service?
2. Any Procedure / practice we need to take note?
3. How much is the lawyer fees?
4. Who is correct person we should ask to estimate the price of the house? to assign Adjuster or Valuer Or real estate agent? Do you have any recommendation?
5. Hear say, A area's agent cannot take over cases in B area's cases... Is this true?

I feel so helpless.. hope you guys can help me out! thanks~



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