3. What do you mean by responsible for common property only ? If owner unit is broken in, it is a private unit.

5. MC said they don't have much money to buy CCTV or hire more guards, can that be taken as good excuse ?

Every month, there are few break-ins during the past year.

This post has been edited by jalsrix: Aug 1 2012, 09:03 AM

3. Common property is everything else except the individual units. Check the definition in the Act. The Act does not place any obligations upon the MC to ensure the safety of the indiv units. Burden of proof is upon the victim to show that the MC was negligent in its duty to guard the common property, leading to an encroachment into the private unit. Example would be like the guardhouse scenario in my last post.

5. If they can show that they don't have money and that is due to the non payment by owners, then whoh can blame them? At the end of the day, the MC is by the owners. Even if you sue them,would they have money to pay?

hi Mr Foo...
any comments regarding my post above...? many thanks!

I would suggest that you consult a lawyer and get a proper tenancy agreement done. Your draft is clearly insufficient.

hi, wanted to ask..

previous vendor owed management fees, TNB and INDAH water bills,
all this bills under me to pay them off?

should my lawyer let me know before he pass all the documents n keys to me?

now, he is refused to settle all these for me =(

SOS! ='(

hi

based on the lawyer fee calculator for property value rm225,000

http://1-million-dollar-blog.com/calculato...uty-calculator/

lawyer fee + stamp duty is abt 6k plus .

but my lawyer firm charge me 9k after discount .

3k plus is something discharge fee or bank fee . ? is that normal charger ?

This post has been edited by nagflar: Aug 3 2012, 12:28 PM

Hi Dario:

Thanks for all the reply.

I have another question regarding seller's lawyer which i have called 2 lawyers to confirm what i need to do.

The 1st lawyer firm i called up and asked, why i need a seller's lawyer, she said i need a lawyer for legal acting for me and will do the SnP. And charges is RM4k++. I believe this RM4k++ is for SnP drafting. The acting side may be if late full payment, so they will act for me to claim the interest.

The 2nd lawyer firm i called up and asked, why i need a seller's lawyer, she also said for SnP. Basically seller appoint lawyer is for SnP. She also told me that i can use buyer lawyer since i am asking why seller needs to do SnP. If seller and buyer has his own lawyer, then both parties will draft the SnP together.

Besides, i also asked how about the name transfer, water and electricity cut. 2nd lawyer firm said i can use buyer's lawyer as well.

The 3rd advise i got it from my relative, if the house is fully settled and redeem, do i really need a lawyer. He also said basically lawyer can go thru the SnP clauses which when it is unfavourable to seller, lawyer can act on behalf.

I need to get the 4th advise from you so i can have more confident to decide whether i can sell the house without a lawyer.

My case:
1. My house is fully settled
2. I already appointed lawyer to redeem original SnP, Loan Documents, Discharged of Charge and Geran.
2. I already paid off Cukai Tanah, Cukai Taksiran, Indah Water, Water and Electricity bills
3. I also downloaded the CHKT-1A and CKHT-3 form from LHDN (house is bought > 5 years)
4. Land title is freehold

What i plan to do is i just wait for the buyer's loan approved and SnP, and do not appoint lawyer.

Basically, i'm thinking to do the following:
1. Cut water and electricity connection
2. Fill-up the CHKT after SnP is signed and get stamp from LHDN, and pass a copy to buyer's lawyer.

Do you think i'm too ridiculous to do the above without appoint laywer to act for me. Bascially, i believe SnP is quite standard. For the Indah Water side, do i need to cut as well?

Thank you very much. Long writing again.
(Oops... i remembered quite some time ago if my memory not wipe off, i read your post at Corner v1/v2, seller can do the above on himself).

This post has been edited by WEELIN1012: Aug 3 2012, 01:51 PM

What was provided for in your SPA? All terms and conditions are so you'll need to refer there.

Normally if got outstanding outgoings by vendor then there should be a clause that the balance purchase price will be deducted to settle those bills and only then will the balance be paid to the vendor. Check your SPA.

Normally it is the lawyer's duty to ensure that outgoings are settled. It is only not their duty to ensure that change of name (for utilities accounts) is done.

Probably you didn't factor in legal fees for loan documentation. There's 2 set of legal fees. One for SPA and for loan. Get an invoice from them and check. Easy.

Your question is whether I think you're ridiculous to do the above without appointing a lawyer to act on your behalf?

My answer is NO, it is not ridiculous.

For Indah Water, there's nothing to cut. You just fax to Indah Water the relevant pages of the SPA and they'll update their system to include the purchaser as the client.



This post has been edited by dariofoo: Aug 3 2012, 04:24 PM

Thank you very much for your feedback.
I will just go ahead without lawyer.
Anything related to SnP, name transfer, cukai tanah and cukai taksiran i will just let buyer's lawyer to handle.

SOS,

My dad have a shoplot which rent out,
the guy steal electricity and caused alot of trouble which not pay rent to my dad for 3 months and above, my dad received Red Letter from TNB regarding this issue which the electricity bills
damage RM10k ++

may i know what is the action i should take, in order to not break the law.?

please advise thanks

Pay TNB and then look for the tenant. If can trace, go for civil suit to recover. I can't trace, nothing much can do. No point wasting money on legal fees just to get a paper judgment.

Read the draft SPA properly. For change of name, make sure that purchaser does it, not you.

Ok. Thanks for remind.

I brave brave go, no worry, be happy.

This post has been edited by WEELIN1012: Aug 3 2012, 10:24 PM

Hi Dario,

I have notified the purchaser's lawyer of my intention to terminate the agreement because the timeline for "conditions precedent" to be met has lapsed. What I am worried is whether the deal can still somehow go through? I am not legally represented.

If a S&P has lapsed and there is no written mutual agreement to extend the timeline for completion, can the transaction still be completed "accidentally"? What happens if the purchaser's financier release the balance sum to the purchaser's lawyer either accidentally or intentionally? I mean, is it possible for a deal to somehow go through despite the S&P having "expired"? I am not clear with the processes. Does the vendor's lender need to get signature from the vendor to accept the Balance Sum and complete the transfer? I am quite sure the check and balance process is stronger than that but I just wonder.

If there is a possibility, is there anything I can do to minimise the chances?

Thanks

I got a question,
I have sold my house and still receiving the half yearly assessment...I have already informed the purchaser's lawyer to deal with it, but again and again still not cancelling my details. What action should I take now?

If the time given has lapsed, you can opt to repudiate the agreement by giving notice in writing to the other side. I'm sure that would have been provided for in your SPA. Look at it and see how the procedure is. Once you give notice in writing and follow the procedures as per the SPA, there is no way for the SPA to proceed any further. As such, the issue of the transaction "accidently" proceeding does not arise at all.

If you do not give notice in writing to repudiate, the other side may assume that you have impliedly consented to an extension of time (subject to whether there is a non-waiver clause in your SPA). You would then later be estopped from asserting on your rights and argue that it has lapsed.

Does your SPA state that the purchaser's lawyer is obliged to do it? Or is it the purchaser? You might be complaining to the wrong channel here.

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This post has been edited by nookie188: Aug 6 2012, 10:03 AM