For seller, the professional fees would be the same if you appoint your own lawyer.

If you authorise the purchaser's lawyer to do the redemption of your loan for you, then the legal fees are only:

1) Discharge of charge/deed of RnR: RM300 (add RM100 if RnR involves revocation of PA)
2) Filing of CKHT forms : RM300/pax.

For disbursements, it would be much lesser, and depends on whether the property is still encumbered to your financier or not.

I'm sure there would be a sample somewhere in v1.

SPA - legal fees, stamp duty for MOT, and disbursements. 3 separate things.

LOAN - legal fees, stamp duty for loan doc, and disbursements. 3 separate things.

Let's say if SPA-legal fees is RM3000
How much is Loan-legal fees?

Will it be the same like SPA legal fees RM3000?

Thanks.

Hi Dario,

If I am a seller of a freehold property and I can read some of the legal clauses and maybe spot those outrageous terms to protect myself, is it generally OK to use the buyer's lawyer to save on the legal fees? Or is it always better to engage our own lawyers?

Thank you.

Poorly drafted and very ambigious. It can be argued either way. However I would say that you have a stronger case for full refund of the deposit as-

1. It is stated that the above terms is subject to loan approval. As such, the 15 days does not even begin to run until your loan is approved.

2. It should state the number of days for you to apply for a loan and obtain approval. Perhaps 10 working days. Snce there is nothing there to reflect a time limit, the benefit of the doubt must be given in your favour., i.e. partiew did not agree on a limit.

3. It should state a number of days for you to show proof of rejectal of loan. Mre often than not, a clause requiring proof via letter of rejectal by the bank would be inserted. Snce there is none there, the benefit of the doubt must be given in your favour again, i.e. that there is no need to even show proof of rejectal in writing (verbal is ok) and that there is no time limit for you to furnish the letter. It's better for your case that you have a letter of rejectal.

Insist for you deposit to be refunded. If the agent is evasive, consult a lawyer and take it further. 

I recently sold my house and the purchaser appointed her lawyer to prepare the SPA.  The agent asked me to appoint the same lawyer since it is faster.  Is that advisable?

Thanks. A lot.  Will spend time to go through. BTW, I heard we can appeal for the RPGT once in a life time.  Is that true?

I sold my 1st property at lost two years ago and this property I sold within 5 years from SPA date.  Can I appeal for the 5% RPGT?

Make sure you get the notice sent by hand and acknowledged in writing.
Well, before the bank releases drawdown of the loan, they would request for a letter from the lawyer confirming that the vnedor has consented an extension of time to complete the SPA. There is no requirement that the letter must be from the vendor (assuming that the vendor is not represented). So, the lawyer may still proceed. However, that is not only unethical but is also serious misrepresentation (even fraud, I might add) and it can result in serious consequences against the lawyer concerned in the form of disciplinary proceedings which could even be initiated by the bank.

It's not called appeal. It's called a one-time exception (pengecualian) from paying RPGT.

The property must be used for residential purpose and you must adduce evidence of a latest duly paid utilities bill.

Hi Dario,

I have written to the buyer lawyer to terminate the SPA and she wrote back and said that she had stopped the process. They have reached the stage of having obtained the consent to charge and about to commence to lodge caveat for buyer bank (not sure I read correctly).

My question: At this stage, do I need legal representation? Can I just email her and ask her to advise me on further procedures for me to undo the whole process to the state prior to SPA and also how to return the 10% deposit to the buyer? Is the process straight forward? Do I have to pay any legal fees to undo the process since I did not cause the termination?

Looking forward to your reply.

Thanks Big Brother.

In such case, is this consider this is my one-time exception from paying RPGT for my second property since I sold my 1st property after 5 years from date of SPA and yet at loss?

Not necessary to use a lawyer at this stage, unless you feel that the other side would be difficult with you.

Don't use email. Use a proper letter sent in by hand with an acknowledgement. Use it for all correspondence. Or refer to your SPA - how are notices to be sent. Normally it would be by hand or AR Registered. If possible, send it in by hand.

From what I gather nothing much has moved except at consent stage. As such, there would not be much to be "undone" - except for removal of private caveat lodged by purchaser, return of all documents handed to the purchaser's lawyer (if any original documents) and refund of the deposit in full.

What makes you think I'm not Big Sister? 
For exemption, it does not matter whether it's your 1st or 100th property or whether you sold your last one at a profit or loss.

This exemption stands by itself. But of course in this case you need to be sure that you would be making a profit. Otherwise, there is no need even apply for the exemption. 

PS: Correct term is exemption, not exception. 

hi... i tried running a search on our Bar Council for one of the lawyers... her name did not turn up in the list but the firm did... what does that imply may i know?

When i did the firm search... it did not list her as one of their lawyers... but i got her contact from that firm... it was linked to them...

Can you tell me what does this mean? can i trust her?

It shows that she does not possess a valid Practising Certificate (PC) for year 2012. It means that she cannot act as your solicitor for a SPA or appear in Court on your behalf of any matters.

Basically she can only give you legal advice but not in an official capacity as an Advocate & Solicitor.

Do ensure that you have checked properly. Do not type out the full name at one go. Try typing out a shorter version of the name, eg. instead of 'Padaiyappa a/p Annamalai', try 'Pada' first, and see if the full name pops out. The search function is quite sensitive and it would be better to search with a shorter name.

If you want to be 100% sure, you can call up Bar Council just to check if this person possesses a PC for 2012.

Good luck 

im the buyer of a condo. still waiting the loan approval but agent rush me to sign S&P . can i add a condition whereby if loan not approve i shall get back my deposit?

does that means lawyers has to like apply for the PC every year? in that case... how do I tell her nicely that i have not seen your name on the bar council's list... i mean would she be offended?