You can download it from LHDN website.

Yes, they accept printed forms.

You don't need to pass to your lawyer anything. Submission of CKHT forms has nothing to do with MOT.

Ok cool. As I mentioned, since she is not your kin, she has to be the purchaser and borrower with you as well in order for her to qualify for withdrawal.

1. Depends on how much property involved, whether there are outstanding liabilities, collection of documents in relation to assets, etc. It's hard to tell. Depends on how efficient your lawyer is as well.

2. Just make sure that complete documentation is given to your lawyer from the first point itself. Even if it takes time, dig up everything and compile it properly before handing it over.

3. No fixed scaled fees. Differs from lawyer to lawyer.

4. You're talking about in the future when the property is ready to be put up for sale? With regard to valuer, do you have direct contact to one? Do bear in mind that there are charges to be paid for the valuation. You might as well first go online and check out the prices put up for other units in the same area. After that, if you're confident with the price, you can advertise to sell it on your own or appoint a real estate agent to do the sale for you.

5. Never heard of this before. Funny if it really is true though.

Hi Dario,

I got a Quit Rent & House Assessment question here. My daddy passed away last year and I'm inherited all the assets. One of the assets, is shared ownership house. The ownerships included my elder Uncle & Auntie(this 2 are couple) and younger Uncle. 3 of them now at USA, and they seldom back to Malaysia. I can predict my elder uncle wont come back to M'sia anymore, perhaps younger uncle will.
I have suggested elder uncle to sell house since this is shared and it's better settle earlier as they still alive. But younger uncle refuse to do so due on certain reason. As what I know, shared house required all ownerships agree then only can proceed selling. (I could smell my elder uncle wish to sell too, but he had no words after my younger uncle disagree on that).
So my question is, how I'm going to settle this Quit Rent and House Assessment issue? Since they are at foreign country, any problems sure wont effected them directly but me! And I'm not going to bear this fees since my dad had been paid for more than 20 years, they even not paying a single cents on this house. Some more I got my own property, which is out of my capable to bear this extra expenses. (I been moved out from that house, now house vacant)
Is it got a better way to settle this with fair since JUAL cannot, and no one willing bear those expenses?
If I resist to pay the bill too, what would comes to me? and the rest owner?

This problem really screw me up Hope to get your reply soon. Thanks.

Hi Dario,

I am purchasing used 150K appt.. and i totaly newbie to on all purchase process between Vendor / Owner / S&P Lawyer / Bank Lawyer..

What shall i expect in S&P ? - and what shall i highlite to the lawyer that is purchaser rights..etc

Please do advice the whole process which may help me on purchasing the unit. thanks

Hi Bimbo, i think i have same issue like you do. my father property was bought in 1970s and involved 8 parties sharing together in a grant. im having difficulties on the grant issue as well. I called up the Pejabat Tanah putrajaya and they advice me to refer KL branch which handling individual cases 03-26102019. Maybe you can try to seek their advice. they're very helpful. Good luck!

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Added on January 3, 2012, 9:05 pmThanks for your prompt reply!
i had find out with some banker and valuer and result not favorable. Maybe it was due to old building as my father and grandma bought it in 1970s.. And I'm confused and having prob with the land title which really really piss me off and frustrated.
I had checked with one Valuer but the charges was WOoaH... hmm.. But i guess I had to pay cos I do not have the source in hand which can clearly show the value of the said of property.. sigh...~

This post has been edited by rukawa_mc: Jan 3 2012, 09:05 PM

Then how will my lawyer know that the buyer has actually submitted it ? Isn't it mandatory to submit ?

The buyer can just lie to the lawyer that he has submitted but actually has not. What are the consequences for the buyer ?

Thank you for your advice. You are right, it is a long road. I actually had the phobia to use the toilet, even after i used Dettol, Bleach, and acid to wash my toilet, i didn't dare to use the toilet until 4 days ago. And guess what? Today, when i came back, i saw the same problem again, and this time the human waste is even more that the last time. And it reached the door. I have contacted the Developer and the person in charge said all i could do is to wait for the plumber to come tmr. And i have to take leave to do that. And as i am writing now, the waste is still flooding my bathroom and i am so worried that it will flow out, and spoil my timber flooring and my expensive new built in wardrobe. It is worrying me. This is really menatlly torturing.

I called the realtor who works in the Real Estate Agency that exclusive agency that sells this condo during the construction period. He told me that after the handover of the keys, he got to know that this developer used cheap materials to cut costs. So, intead of two different piping for shower drain and sewage darin, they combine into one big pipe, that's why the human waste overflow from the shower drain.

Dario, plase advise me what else i can do? I do not want to face the same problem again, even after they "fixed" it tmr.

After separating the wheat from the chaff, I think what you're asking is - what action can the authorities take against the owners of the property if you fail to pay quit rent or assessment, right?

Firstly there would be reminders sent to the address of the property. Many would be sent and it would accumulate.

Well, if they do select your particular unit for enforcement - most likely in years to come - they can get an order to sita (seize) any movable property found therein and put it up for public auction, and the proceeds from same would be used to pay the due payment plus costs. Any excess sum would be paid to you after all deductions have been made.

Appoint a good lawyer as it is his job to highlight to you your rights as a purchaser, not the other way round. The lawyer would prepare the SPA on your behalf. All you need to do at this moment is to get all the relevant documents for him, or ask the agent to do it for you - the letter of offer to purchase, copy of ICs of vendor and yourself, copy of principal SPA, assessment and quit rent receipts, vendor's loan particulars, copy of title (if any).

Get the ball rolling first and if you have a specific answer, do come back and ask.

Then just give a photocopy of the acknowledgement to the lawyer.

If you elect to do it on your own, the lawyer will prepare a disclaimer whereby you agree to take full responsibility of submission of the CKHT forms and all consequences arising therefrom. After that, the lawyer has no business as to whether you submit it or not. It's not part of his professional duties anymore.

Sorry to hear about your situation.

Perhaps you can take photographs of the current situation for record purposes. Hand in a copy of the photos to the developer and get it acknowledged.

If the damage extends to your flooring and wardrobe, then you have actual loss and you can sue them for negligence. But do take precautions like to block the gap at the bottom of the door to at least prevent it from seeping through. You can't just let it flow, and then later just claim for damages. You need to show that you had taken measures to prevent, or at least mitigate any damage.

Are you the only one facing this problem? Are there others? Gang up and try making some noise. Is there a JMB? Approach a committee member and raise the issue. See what comes out of it.

Apart from the above, I can't advise you any further than I did in my reply to you earlier.

Hi Dario,

Want you advise on a situation i'm facing. I bought a house where the loan was drawndown and keys received. The house came with a tenant renting which I didn't want but because I can't just chase him out I verbally agreed to let him stay 3 month so that he can look for another house and he agreed to take care of the house. The previous owner passed two months and utility deposit to me.

I received the keys on 2 Jan 12 and refunded one month rent to him with cheque as he did not pay Dec 2011 rent. Held utility the uitlity deposit until he produce the bills paid. The house was in bad condition, rubbish including broken furniture all over and very dirty. I check and found out he did not pay the electric and water for Oct - Nov 2011 amounting to around RM900.

I have stop the cheque payment, total deposit with me now is RM1,600. Is there any legal consequence in doing this? the deposit is to cover outstanding bills, clean up, rubbish removal and also damages in some part of the house. I don't have any written agreement with him.

It's quite clear that the purchase comes with an existing tenancy over the property, which you have accepted and agreed to continue to subsist through your conduct in accepting the deposits. So you now step into the shoes of the vendor as the landlord. Is there a tenancy agreement entered into between the vendor and tenant prior to this?

So, it doesn't really matter if you have an agreement with him.

Everything is verbal or through conduct - that's why it becomes messy.

By right you ought to have asked the vendor to give him notice of default of payment and terminated the tenancy with one month's notice back in December when he defaulted in payment of rental.

Now, you have not terminated the tenancy in writing, but through the conduct of both parties. it does appear that the tenancy has been determined through agreement - you have refunded to him one month's rent and he has accepted it (cheque for that cleared?)

So one good thing is that he can't later claim that you had unlawfully terminated the tenancy and/or unlawfully evicted him.

You might want to put something in writing now to state:

1) Another one month's deposit is to set-off rental for Dec 2011; and
2) Cheque No___________ has been stopped as you had, on xxx date, inspected the premises and discovered the following defects and damage to the property and/or the premises which warrants the following repairs:

* list down all repairs to be made and estimated costs.

Also state and list down unpaid bills, with the bills annexed to it.

At the bottom, inform him that the cheque for payment was stopped as the monies would be used to make good the said repairs and settle the outstanding bills.

[Is the sum of RM1600.00 enough to cover everything? If not enough, you need to put in another clause which states that you have the right to initiate legal proceedings against the tenant in the event the deposits held is not sufficient for above matters]

Hand it over to the tenant and get it acknowledged by the tenant on every page.

Then you proceed to do the necessary - if got excess, refund it to him.

Solved.

This post has been edited by Mikeshashimi: Jan 4 2012, 11:11 AM

Thank you for the valuable advise. I have earlier asked him to acknowledge end of tenancy with the refund of one month rent which I subsequently cancel. In the acknowledgement it is also mention this is pending checking of outstanding bills.

One question now can I send an SMS notice to him on the cancellation of cheque because of outstanding bills and damages caused? Or if not through register mail?


This post has been edited by YAK: Jan 4 2012, 10:56 AM

thanks for the awesome guide.. i had provided relevant doco.. IC... to agent and agent told that he will submit the documents to lawyer and the S&P laywer will call me regarding this.... thanks bro

Thanks Dario, I have emailed to the directors of the developer. The pics and video and the incidents. I also proved that I used things to prevent the flow from seeping through the door gap.

The other units have water leakage problems but not the same problem. We don't have JMD but forming it soon this month.

Thank you.

Hi,

I am selling my house. Just wonder who pays for the Sale n Purchase Agreement?

Any idea ?

Thanks

He has moved out? If you can still meet him might as well go by hand. Or perhaps courier. Registered mail is not mandatory, and it is not the speediest method. You wait ages to get the AR card back.