Yes you can inform them in writing, though it makes little difference as VP is deemed to have been surrendered within a certain number of days from the date the notice is sent to you, regardless whether you do collect the keys or otherwise. As a matter of courtesy, you can.

1. Buyer, unless anything else is stated in the SPA.
2. Yes,as long as it is a residential property, it would apply.

just want to ask, what's the current lawyer fee? let say I'm buying a RM300k house, how much my lawyer fee would be?

Hi sifus, is it true tat sales of leasehold properties do not require land office consent effective this year? I saw some article about this. Thank

Please use the legal fees calculator at the first page of this thread.

Not true. If you're referring to kl, then there are properties which are leasehold but which does not require consent, eg old double storey houses in OUG are under Pajakan Mukim but there is no condition precedent to obtain consent. It depends on what is stated in the title itself,so do check there.

Thanks

Hi Dario,

Newbie here, some queries regarding title transfer,

i) if my property was stated come with 2 car park in SnP, is it mean that the same thing must mention in the title as this is part of my land too?

ii) if there is not showing in the title, then what i do? Should i ask the lawyer to revise?

Thanks and have a good day..

This post has been edited by topgear123: Sep 3 2012, 10:54 AM

Hi Dario,

If a person is sued for bankruptcy by the banks because of credit card debts, can and will the banks go after properties jointly held by that person with other family members? If yes, does the bank have the rights to auction off these properties that are held jointly with others? Won't that infringe on others right?

Thank you so much.

Hi Dario n sifu,

I am selling my condo (still under master title). before hari raya break, i went to purchaser lawyer office to sign d snp. i didnt appoint a lawyer myself, just tag along with purchaser lawyer.

After raya holiday break, i got letter from developer saying strata title is out. Now came a problem.

1) I ask around what to do now. So i call both purchaser n developer lawyer, the current situation is, purchaser lawyer have not submit anything yet to developer (i specalute due to long break). purchaser lawyer want to re-do d snp. new snp state i need to obtain strata first if developer not agree to do direct transfer to new purchaser. is this fair?

2) purchaser lawyer made a letter for me to sign stating that i choose not to have a lawyer of my own and i cannot sue or report them to authority/tribunal if anything go wrong.

3) bank will realise loan amount in purchacer favour? is this right? but due to (2) i cannot sue them if they runaway with money?

4) Is it too late for me get a lawyer of my own now? or not worth it since im in midle of process? is the process sound normal?

This post has been edited by femlab: Sep 2 2012, 10:06 PM

hi Dario, I have few questions to ask about 2 different house purchase:

New Launched
1. is it compulsory SPA between buyer & developer must sign within 14 days from the purchase date? I'm thinking to sign both SPA & Loan agreement on same date because the same panel lawyer handle both agreements. However I'm worry my unit that i booked might release by developer as SPA is still not sign after 14 days. My loan offer letter just sent to the lawyer for preparation of loan agreement.

Sub-sale
1. do we need to get offer to purchase stamped by commissioner oath? it's handwritten and signed by seller & buyer with copy of both IC.

2. will the buyer able to get back 2% ernest deposit from seller if it's due to loan rejection?

3. what document should buyer get from seller for applying loan after signing of offer to purchase? copy of title or previous SPA?

4. purchase price is different from SPA price. should the buyer pay the differential after loan disbursement or during down payment?

Thanks for your help. Really appreciated!

REMINDER:

Since some people just don't know how to read, I'm reproducing the rules of this thread which can be found at page 1 :

Some simple and basic rules and regulations of this thread:
1. Please do not PM me for any legal advice, I do not give out any advice via PM. Please post your legal query at this thread so that everyone can benefit from an answer.

2. Please do not ask for any recommendations for law firms or lawyers here.

3. Please do not advertise, promote or solicit any legal services here. This is not a place for such matters.

4. Please do not ask any questions nor talk about discounts here. Discounts are illegal and prohibited by the Bar Council.

Is it too hard to request for the simple rules be followed?

I think car parks are not mentioned in the title deeds. It is usually just mentioned in the SPA and the Deed of Mutual Covenants or other Supplementary Documents which would suffice.

hi Dario , i juz found out that my Deed of Convenant Duplicate copy missing d.... my original copy is with me btw. do i need to contact my lawyer to prepare another copy for me ?

when do i need to use it ? thanks ya

Ownership will be signified in the SPA, and not in the title. As long as it it stated and identified in the SPA (with a plan and coloured marking), your rights are protected.

If the property is encumbered to a chargee/assignee, the creditor cannot touch the property.

1. Yes, the SPA needs to be amended to reflect a situation where the strata title is out and therefore, the duty would be upon the vendor to obtain clean title in his favour before time can start to run in the transaction. Otherwise, the purchaser's interest is not protected.

2. You can sign a letter or have it provided in the SPA that it is your choice not to appoint a lawyer of your own BUT DO NOT sign anything which absolves the purc's lawyer from any liability for negligence, etc. You would be digging your own grave if so.

3. It will be released in favour of the purc's lawyer as stakeholder.

4. You can still appoint your own lawyer. The purchaser would not be prejudiced in the event of a delay as time would not have started to run for the SPA anyway. I doubt if the purchaser would take issue with that. Since a new SPA would still need to be drafted, you can opt to appoint your own lawyer to assist in drafting it.

1. What is stated in your booking form? If it states 14 days then it is 14 days. If it states that dev can forfeit if not signed then they can do so and you would have no cause of complaint as you have agreed to the terms. Why must wait and sign both at the same time? What's the rationale in delaying the signing of the SPA and risking forfeiture and cancellation just to sign both at the same time.

Subsale:
1. Comm only attests signatures. He does not stamp documents. Unless both parties attend before him and sign it before him, there is no point and no way of "stamping" it before the Comm. That method may be practicable 20-30 years ago but definitely not now, where people are more educated about their rights (and also how to con/cheat). What should have been done was to get it prepared and signed before the purchaser's lawyer with proper terms stipulated.

2. Refer offer to purchase.

3. Title, previous SPA, loan docs (if any), quit rent and assessment receipts.

4. What are you talking about? Please be more specfic rather than saying, "purchase price is different from SPA price".

You can check with your lawyer if he keeps a file copy, but otherwise you can get it from the developer as well since they would have been served with the duplicate copy.

What if it is free of encumbrances(no loan) but jointly held by siblings? Can the banks go after it?