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

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TSdariofoo
post Aug 14 2012, 06:27 PM

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QUOTE(Ray78 @ Aug 14 2012, 02:19 PM)
1. So in a nutshell,given all the circumstances,B will most likely fail in his legal pursuit? As a lawyer what would you think would be the best for B to do now? To withdraw?

2. FYI,B also made a grave mistake by lodging a police report against A soon after the arrest incident.Content of the report says B is suspicious that A defamed him,etc.So is it possible that if A gets hold of this report,A might sue B for reporting A without evidence?
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1. How would I know when I have not even seen a copy of the statement of claim filed by B. If he had appointed lawyers and they had filed the claim, surely there would be some basis for it which either you are not aware or or which you have not stated here in the thread. I am in no position to comment on the chances of the civil suit. Hope you understand that.

2. A cannot sue B for "reporting A without evidence". There is no such cause of action. If B lodges a report based on reasonable suspicion (he should mention the previous incidents of threats and harassment by A to justify his suspicion) then there is nothing to worry.
Ray78
post Aug 14 2012, 07:22 PM

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QUOTE(dariofoo @ Aug 14 2012, 06:27 PM)
1. How would I know when I have not even seen a copy of the statement of claim filed by B. If he had appointed lawyers and they had filed the claim, surely there would be some basis for it which either you are not aware or or which you have not stated here in the thread. I am in no position to comment on the chances of the civil suit. Hope you understand that.
*
I could try to send you the "Statement Of Claim/Pernyataan Tuntutan" if you want to have a look at it.


Added on August 14, 2012, 7:59 pm
QUOTE(dariofoo @ Aug 14 2012, 06:27 PM)
2. A cannot sue B for "reporting A without evidence". There is no such cause of action. If B lodges a report based on reasonable suspicion (he should mention the previous incidents of threats and harassment by A to justify his suspicion) then there is nothing to worry.
*
B's report against A says nothing about A's harrasment and threats.Unfortunately,at that time B completely forget to include that in his report.B only mentioned that he suspects A is the person who defamed him,and therefore B is going to take legal action.

Still B has nothing to worry about?

This post has been edited by Ray78: Aug 14 2012, 11:32 PM
Ivy8888
post Aug 14 2012, 11:13 PM

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Hi Dariofoo,
I purchase a unit of apartment Warisan mutiara at Kota Warisan at sepang. I paid deposit 10% and my loan is approved. Bt now the developer terminated the project under AKta Perumahan 8A.
So, wat cn i do if I nt accept? And wat is my right?
leeweichen
post Aug 14 2012, 11:45 PM

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Hi Dariofoo,

I have some queries about my property.

Currently, I have paid the 1% booking fee for my RM1.4m property which is Rm14k. The property that I purchased is a bumi lot. According to the agent, it needs at least 3 months to get consent upon getting CF(November 2012) to convert to non bumi lot.

So, when do I need to pay the lawyer fees & agent fees? In Full amount? I m going to sign the S&P next week.

THanks.
TSdariofoo
post Aug 15 2012, 11:25 AM

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QUOTE(Ray78 @ Aug 14 2012, 07:22 PM)
I could try to send you the "Statement Of Claim/Pernyataan Tuntutan" if you want to have a look at it.
*
Advice given is within the scope of this thread so that everyone can benefit from an answer. You have appointed a lawyer to act for you. It's best for you to just trust your lawyer and let him do his best for you.


QUOTE(Ray78 @ Aug 14 2012, 07:22 PM)
B's report against A says nothing about A's harrasment and threats.Unfortunately,at that time B completely forget to include that in his report.B only mentioned that he suspects A is the person who defamed him,and therefore B is going to take legal action.

Still B has nothing to worry about?
*
Can't advise much without looking at the report itself. As long as B words it in neutral language, it should be alright. Do note that defamation via a police report is so longer a cause of action as the person who lodged it is protected under the defence of absolute privilege, pursuant to a decision of the Court of Appeal in Abdul Manaf Ahmad's case reported in 2009. That is the law as it stands.
TSdariofoo
post Aug 15 2012, 11:41 AM

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QUOTE(Ivy8888 @ Aug 14 2012, 11:13 PM)
Hi Dariofoo,
I purchase a unit of apartment Warisan mutiara at Kota Warisan at sepang. I paid deposit 10% and my loan is approved. Bt now the developer terminated the project under AKta Perumahan 8A.
So, wat cn i do if I nt accept? And wat is my right?
*
I'll reproduce Section 8A of the Housing Dev Act 1966 here for your reference.

8A. Statutory termination of sale and purchase agreements.

(1) Notwithstanding anything contained in any agreement, a licensed housing developer or the purchasers may apply to the Minister for approval to terminate all the sale and purchase agreements entered into in respect of a housing development or any phase of a housing development which the housing developer is engaged in, carries on or undertakes or causes to be undertaken if-

(a) such application, duly made in accordance with subsection (2), is received by the Minister within six months after the execution of the first sale and purchase agreement in respect of that housing development or that phase of housing development; and


(b) at least seventy-five per cent of all the purchasers who have entered into the sale and purchase agreements have agreed with the housing developer in writing to terminate the sale and purchase agreements.

(2) Any application made under subsection (1) shall be supported by-

(a) the written consent of the licensed housing developer and of each of the purchasers who have agreed to terminate the sale and purchase agreements and such consent shall have been duly executed by the licensed housing developer and the purchaser, as the case may be, and witnessed by his solicitors or a Commissioner for Oaths not earlier than one month before the date of the application; and


(b) such other documents or evidence as the Minister may require or as may be determined including such evidence which may satisfy the Minister that the licensed housing developer is financially capable of refunding to the purchasers and their financiers all the moneys paid by them to the licensed housing developer if the Minister approves such application.

(2A) In the case of an application made by the purchasers under subsection (1), no licensed housing developer shall unreasonably withhold his written consent to the termination of the sale and purchase agreement.

(3) For the purpose of this section, joint purchasers irrespective of any number in a sale and purchase agreement shall be considered as one purchaser.

(4) Upon receipt of an application under subsection (1), the Minister may grant or refuse the application for approval.

(5) In granting the approval under subsection (4) the Minister may impose such conditions as he may deem fit and proper.

(6) The decision of the Minister shall be final and shall not be questioned in any court and it shall be binding on the licensed housing developer and all the purchasers and no injunction shall be granted to restrain any person from carrying out the decision of the Minister.

(7) All the sale and purchase agreements in respect of the housing development or the phase of a housing development which is the subject of an approval under subsection (4) including those of the remaining purchasers who have not agreed to the termination shall be deemed to have been duly terminated.

(8) The licensed housing developer shall, within fourteen days from the date of receipt of the Minister's approval, inform all the purchasers in writing of the Minister's decision.

(9) The licensed housing developer shall refund all moneys received by the licensed housing developer from the respective purchasers free of any interest within the period stated in the Minister's approval.
(10) Upon receipt of the refund under subsection (9), the purchasers shall immediately cause all encumbrances on the land to be removed and the cost and expenses for such removal shall be borne by and may be claimed as a civil debt from the housing developer.

(11) Any person who fails to comply with any of the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine which shall not be less than fifty thousand ringgit but which shall not exceed two hundred and fifty thousand ringgit and to a further fine not exceeding five thousand ringgit for every day during which the offence continues after conviction.


Basically if the developer can obtain the agreement of 75% of the total purchases, they can terminate the SPA, abort the project and refund all monies paid. You can still round up the rest of the purchasers and object. However, my question is this - there must be a reason why the developer is aborting the project. Financial difficulties, perhaps? Are you sure you want to insist that they carry on with the project? What if it gets abandoned and never gets completed? You would have taken a loan then and you would still have to continue paying your interest, assuming that some progressive drawdown has been done. So, do get a group of purchasers together and discuss the best solution for it.
TSdariofoo
post Aug 15 2012, 11:42 AM

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QUOTE(leeweichen @ Aug 14 2012, 11:45 PM)
Hi Dariofoo,

I have some queries about my property.

Currently, I have paid the 1% booking fee for my RM1.4m property which is Rm14k. The property that I purchased is a bumi lot. According to the agent, it needs at least 3 months to get consent upon getting CF(November 2012) to convert to non bumi lot.

So, when do I need to pay the lawyer fees & agent fees? In Full amount? I m going to sign the S&P next week.

THanks.
*
Usually, it is paid in full upon signing of the SPA. Any other arrangements is between you and the lawyer. There is no fixed law or ruling on this. icon_rolleyes.gif
Ray78
post Aug 15 2012, 12:49 PM

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QUOTE(dariofoo @ Aug 15 2012, 11:25 AM)
Advice given is within the scope of this thread so that everyone can benefit from an answer. You have appointed a lawyer to act for you. It's best for you to just trust your lawyer and let him do his best for you.

Can't advise much without looking at the report itself. As long as B words it in neutral language, it should be alright. Do note that defamation via a police report is so longer a cause of action as the person who lodged it is protected under the defence of absolute privilege, pursuant to a decision of the Court of Appeal in Abdul Manaf Ahmad's case reported in 2009. That is the law as it stands.
*
Thank you.I am sure everyone will benefit from your answers.

In the worst scenario which is;assuming B fails to get police cooperation/gather evidence to establish a prima facie case,will the court simply dismiss the case? Is the any penalty/punishment for B? You did mention earlier that 'For a civil claim, A can only seek for costs.'
If B also fails to comply to whatever A's demand,what will happen then to B?

Thank you.

This post has been edited by Ray78: Aug 15 2012, 01:17 PM
blossom_123
post Aug 15 2012, 02:44 PM

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is there any web for us to refer to know our right against the property management?
TSdariofoo
post Aug 15 2012, 02:51 PM

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QUOTE(Ray78 @ Aug 15 2012, 12:49 PM)
In the worst scenario which is;assuming B fails to get police cooperation/gather evidence to establish a prima facie case,will the court simply dismiss the case? Is the any penalty/punishment for B? You did mention earlier that 'For a civil claim, A can only seek for costs.'

*
It would be dismissed with costs, as I said. For civil cases there's no such things as penalty/punishment if you lose a civil case. You just have to pay costs to the other side.



QUOTE(Ray78 @ Aug 15 2012, 12:49 PM)
If B also fails to comply to whatever A's demand,what will happen then to B?
*
What demand are you referring to now?
TSdariofoo
post Aug 15 2012, 02:53 PM

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QUOTE(blossom_123 @ Aug 15 2012, 02:44 PM)
is there any web for us to refer to know our right against the property management?
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Can you be more specific? Are you referring to Management Corporation or Joint Management Body?
Ray78
post Aug 15 2012, 02:56 PM

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QUOTE(dariofoo @ Aug 15 2012, 02:51 PM)
It would be dismissed with costs, as I said. For civil cases there's no such things as penalty/punishment if you lose a civil case. You just have to pay costs to the other side.
What demand are you referring to now?
*
Demand just refers to cost.
So who decides how much B should pay? The court? Or A/A's lawyer? Suppose B unable/refuses to pay,what then?

This post has been edited by Ray78: Aug 15 2012, 03:09 PM
blossom_123
post Aug 15 2012, 03:02 PM

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our management set up a new rule not allow our car to park inside the apartment without the new sticker. To get the new sticker we need to settle all the outstanding. i have some reason not to pay the management fees. In my SPA its stated with car park, so is it they have the right not to allow me to park inside ?

TSdariofoo
post Aug 15 2012, 03:52 PM

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QUOTE(Ray78 @ Aug 15 2012, 02:56 PM)
Demand just refers to cost.
So who decides how much B should pay? The court? Or A/A's lawyer? Suppose B unable/refuses to pay,what then?
*
The Court. If B refuses to pay, A can enforce the order for costs against B.
TSdariofoo
post Aug 15 2012, 03:54 PM

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QUOTE(blossom_123 @ Aug 15 2012, 03:02 PM)
our management set up a new rule not allow our car to park inside the apartment without the new sticker. To get the new sticker we need to settle all the outstanding. i have some reason not to pay the management fees. In my SPA its stated with car park, so is it they have the right not to allow me to park inside ?
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What are the reasons why you do not want to pay the management fee? You have executed the SPA and Deed of Mutual Covenants which clearly states that you have to pay the maintenance.
kuhfayLover
post Aug 15 2012, 03:58 PM

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QUOTE(dariofoo @ Aug 14 2012, 06:17 PM)
Good job on your effort to read the posts in v1 first before asking here.  cheers.gif

1. Is this caveat to be lodged by your financier or you, as the purchaser?

2. Form 1 would most likely refer to change of name form to be filled up at DBKL or the municipal council. It is optional whether you wish to appoint your lawyer to do so, or whether you want to do it yourself. No idea as to the other fee.

3. Which land office is this and how much is the price of the property?

4. It is the same thing, actually. It ought to be RM30/title if KL-Selangor.

5. Is there another Misc charge for RM50? If so, then it is RM350.00. How far is the firm from the property? Same state? It depends on that. Also depends on whether you had asked for discount as if you have read my posts in v1, I informed forummers that marked up disbursements are done by most firms to make up on the discount given. So, you do the math yourself on that one.  smile.gif
*
Hi dariofoo,

Thanks, you're really helpful(bet u heard thoudsand times already but not yet from me. smile.gif )

1) I'm not too sure, how to know? she said now normally owner had lodged the caveat, so I need to do that too.
3) Shah Alam Land office, RM350K, So what should be the registration fee on MOT?
4) It stated, "title search (master and strata) - RM60", needed for 2 searches as strata is out already?
5) ok, will do the maths myself. smile.gif
6) I saw the previous post for SD stamping is only 1, which is RM10, right?
But my quotation has 3, which is SD Caveat,SD Non Bankruptcy and SD Consent, total = RM30, normal?
7) How much is the registration on Entry and Withdrawal of Private Caveat, any standard? I got 2 diff charge from 2 firm.
8) is bankruptcy search needed for vendor?

Pls advice. Thanks..again... tongue.gif
blossom_123
post Aug 16 2012, 09:25 AM

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QUOTE(dariofoo @ Aug 15 2012, 03:54 PM)
What are the reasons why you do not want to pay the management fee? You have executed the SPA and Deed of Mutual Covenants which clearly states that you have to pay the maintenance.
*
we have a legal case with the developer. I just want to know whether they have right not to allow our car to enter to the apartment even our SPA stated with car park
TSdariofoo
post Aug 16 2012, 10:29 AM

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QUOTE(blossom_123 @ Aug 16 2012, 09:25 AM)
we have a legal case with the developer. I just want to know whether they have right not to allow our car to enter to the apartment even our SPA stated with car park
*
Read your SPA and Deed of Mutual Convenants.
TSdariofoo
post Aug 16 2012, 10:39 AM

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QUOTE(kuhfayLover @ Aug 15 2012, 03:58 PM)
Hi dariofoo,

Thanks, you're really helpful(bet u heard thoudsand times already but not yet from me. smile.gif )

1) I'm not too sure, how to know? she said now normally owner had lodged the caveat, so I need to do that too.
3) Shah Alam Land office, RM350K, So what should be the registration fee on MOT?
4) It stated, "title search (master and strata) - RM60", needed for 2 searches as strata is out already?
5) ok, will do the maths myself. smile.gif
6) I saw the previous post for SD stamping is only 1, which is RM10, right?
  But my quotation has 3, which is SD Caveat,SD Non Bankruptcy and SD Consent, total = RM30, normal?
7) How much is the registration on Entry and Withdrawal of Private Caveat, any standard? I got 2 diff charge from 2 firm.
8) is bankruptcy search needed for vendor?

Pls advice. Thanks..again... tongue.gif
*
1. The quotation is for legal fees for SPA or loan, or for both? You better get a quotation for both as you need to pay 2 sets of legal fees - SPA and loan.

3. RM400.

4. No need to search master if strata is out.

5. RM10 X 3 = RM30.

7. Regis + Notis RM320, withdraw RM60.

8. Yes.
kuhfayLover
post Aug 16 2012, 11:15 AM

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QUOTE(dariofoo @ Aug 16 2012, 10:39 AM)
1. The quotation is for legal fees for SPA or loan, or for both? You better get a quotation for both as you need to pay 2 sets of legal fees - SPA and loan.

3. RM400.

4. No need to search master if strata is out.

5. RM10 X 3 = RM30.

7. Regis + Notis RM320, withdraw RM60.

8. Yes.
*
Got it! Thanks. thumbup.gif

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