Thanks for advices

Dear DarioFoo

Recently I have sold one freehold House. ( subsale just vp this july)

Buyer and seller using the same lawyer.

Our lawyer have received redemption statement from my bank ( 2nd Aug). Now asking me to get a copy of the certified true copy of the title for them to submit to Lembaga hasil to do the adjuication.

But My Bank saying they don't give any copy as the copy is located in their center HQ.

I wanted to ask.

1)Can I go to " Pej tanah" to get a certified true copy title
2)Why the lawyer can't get a runner to get a copy from pejabat tanah? Isn't it this fees already billed to seller legal fees?
3)What should I do if the lawyer not doing its suppose to do, ie complete the process within 3 months and blame me can't get the certified true copy of the title from my bank?
4) Is My bank telling the thruth " don't give any copy of the title as the copy is located in their center HQ" or the officer just lazy.( I have the photocopy of the title. But Can't get bank to do "certified true copy".)

I have done 5 subsale. But this is the only time lawyer asked me to get ctc from financiar.

many thanks in return for the help

This post has been edited by tikaram: Sep 3 2012, 03:36 PM

Hi Dario,

I have an appointment today for viewing a leasehold condo and the agent just ask me to prepare a 3% deposit for that unit.

So the money is ready and what document should i expect to sign on the spot and what else should i take note.

Thanks.

i am buying my first house, price about RM400k, under construction, direct from developer.
a) do i entitle for any stamp duty discount?
b) some of the lawyer gave me 30% discount which they said it is discount under HDA act. is it true? why some lawyer dont give?
c) my lawyer fees added into my loan amount, do it make any different when looking for lawyer?
d) i am taking maybank housing loan. could i appoint my own lawyer (which is maybank panel lawyer)?

thank you.

Hi, may i know what is the consequences if move in before name transfer done ( lawsuit by bank )? The unit currently is empty. Potential tenant asking for move in . Money penalty ? waning letter ? or jailed ?

Thanks for the enlightenment.

First things first, photocopy of title is more than enough for purposes of submission to LHDN for adjudiction. Alternatively, a title search, which would have been conducted by the purc's lawyer for their own client, would be acceptable as well.

Secondly, there is no concept of using same lawyer or sharing lawyer. This lawyer is acting for the purc, and not you. You merely authorised him (if any) to do the discharge of charge and CKHT. He acts for the best interests of the purc, and not you. You are deemed to be unrepresented.

My opinion is that this lawyer is trying to buy time and extend the completion date in favour of the purc. Look at your SPA for a clause where it would be stated that it is your duty to provide a copy of the title to the purc's lawyer within xx time, failing which the completion date would be extended. If there is such a clause, then it would be to your detriment as time extended means a further delay for you to get your balance purc price.

1. Yes you can.
2. Check your bill for an item - CTC Title. It would cost RM50 or so. Do not confuse this with title search which would cost RM30 (but is normally marked up to RM50-60). If there is such an item, then it is their duty to do so, not yours. Otherwise, it would be your duty to obtain a CTC and hand it to them (do check your SPA for that clause as well).

3. As explained above, it depends on what is stated in the SPA and it is not the purc's lawyers duty to remind you or inform you to do your part on your own (since you decided to remain unrepresented). So, if you fail to act within the limit prescribed, then the completion date would be extended.

4. Your guess is as good as mine.

Conclusion - if there is nothing in the SPA which states that you have to give a CTC of the title to the purc's lawyer, then there is no need to do so. If yes, check if it is billed to you for the purc's lawyer to obtain it for you. Otherwise, you need to do it on your own.

You would be expected to sign the letter of offer to purchase/booking form once you confirm that you intend to purchase it. Read the T&C properly before signing and if you want to add in your own terms or amend, do it on the spot and initial on the changes.

a) That would be for properties < 350k only.

b) It is not a discount, but more of a limit as to how much a lawyer can charge for properties transacted under the HDA. It is not under the HDA but under the SRO, which you can download under the first page of this thread. It is compulsory to be followed by all lawyers.

Why some lawyers don't give? You can figure out why yourself. You can print out the SRO and show it to them, if you want.

c) Of course, as the disbursements might differ, although legal fees are fixed.

d) You would need to check with the bank on this. They should allow you do so.

Can you be more specfic? You are the purc or vendor? Has the vendor agreed to give VP early to you? What stage is the transaction at now?

Thanks for mr. dariofoo and others for this thread as I have learn a lot about legal fee and by comparing my legal fee against the quotations in this thread. I'm currently in the process of finalizing my spa and would like to contribute to this thread by sharing my proforma invoice for future reference to others.

Proforma Invoice for Leasehold Condominium RM300,000

Legal Fee = RM2,550
Form CKHT 2A = RM0 (planning to do it myself)
Entry and withdrawal of caveat = RM0 (didnt opt for it)
6% Govt. Service Tax RM 186

Disbursements
1) Land Search RM60
2) Bankruptcy Search RM20
3) Stamping of Sale & Purchase Agreement RM40
4) Stamping of Memorandum of Transfer (Estimated) RM2,500*
5) Stamping on SD = RM10
5) Entry of Private Caveat + Notice RM0 (didnt opt for it)
6) Withdrawal of Private Caveat RM0 (didnt opt for it)
7) Registration of transfer RM400
8) Affirmation of SD RM20
9) Travelling RM300
10) Misc (Telephone, fax, stationery, postage etc) RM50

Grand Total: RM6,136

*Stamp Duty for the Memorandum of Transfer calculated as follows:
(100,000 x 1% ) + (200,000 x 2 %) = RM5,000
50% =RM 2,500

Overall, after comparing with this thread I'm quite satisfied with the invoice as most importantly I'm satisfied with the lawyer's service as well.

Thanks.

This post has been edited by sang_kenari: Sep 4 2012, 07:15 PM

Thank you very much.

Hi Dario,

I need legal advice.

Bought a 2storey house, I paid the 3% earnest deposit 2 days ago. When I viewed the house, the agent told my parents the owner is a mixed, but didnt tell us what race mixed with what race. Then i saw the house got some buddish stuffs, so i never doubt the owner's race.

When i paid the deposit, i signed the booking form. The owner hasn't signed yet. The owner's name was not written on the booking form. Agent told me he would get the owner to sign later.

This morning, the agent sent me the booking form and owner previous SPA. I was shocked when i saw the owner name is a Malay name. The lawyer recommended by the agent told me she will check whether there is any restriction or special consent required for this transaction to be successful.

Now i'm a bit frustrated. The agent should have told me the owner is a Malay. I feel cheated.

Dario, my question is, if i want to avoid all the hassle arise from transferring property from a malay to a chinese, i would like to cancel the purchase. If i cancel the purchase, can i get back the earnest deposit?

Thanks.

This post has been edited by yktan83: Sep 4 2012, 06:32 PM

Hi dario..need ur advice again..this is my time history of buying process of a subsale apt.
02.08.12 - signed s&p and paid 10% deposit
11.08.12 - paid lawyer's fees
11.08.12 - sign bank loan offer letter
27.08.12 - s&p lawyer emailed stamped s&p to bank loan lawyer
03.09.12 - lawyer recieved fax copy of strata title transfer ownership consent letter but have't recieved hard copy yet. Called developer but was told the letter was already snailed mail on 30.08.12


So the question: is this a normal timeframe? I had asked s&p lawyer whether i should myself pick up the letter from the developer since its only nearby my office. But lawyer said just relax n wait. Am i being paranoid? Btw,can the s&p lawyer just proceed with the next step with only the fax copy of the consent letter? Or do they really need the hardcopy in order to proceed?

Tq so much

This post has been edited by mizeily: Sep 5 2012, 04:09 PM

thank you Dariofoo!

Sorry dariofoo, I should be more specific on question 4.

My brother is buying a subsale at $280K. However due to certain reason, he wish to state $220k in the SPA, but he will ask the lawyer to prepare another letter stated that vacant possession and title transfer will be granted upon full settlement of actual purchase price $280K. Do you think this is work? Thanks.

Hi, i just got the quotation for my DSL house, is it reasonable? looks expensive to me...




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How much is your purchase price?

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Added on September 5, 2012, 10:24 pmI have a doubt. I lately paid a booking for a terrace house (sub sales). The agent told me is fully extend front and back and when I went and viewed the house, it is a decent house and it really like what the agent claimed fully extended front and back.

However, I am applying a bank loan now and some of the bankers asked me if the extension is approved and when I checked with agent, she told me the seller also don't know as the seller bought from previous seller, the house already extended. The agent even email me the valuation report which obtained from the seller. (the valuation report did stated is fully extended but did not stated if the extension is approved)

Due to this, some of the bankers not able to gv high value for this house (they treat it as basic unit) but some of the bankers did nt ask me but straight away gv me the value with extension.

My questions are:

1. Can I ask to cancel the booking due to undisclosu of the info and request for refund?
2. Will the bankers asked for approval plan?
3. Can I submit the extension plan later once I moved in? How and where I can check if the extension is legal?
4. If the bank approved my loan now, later the valuer found out no approved plan and lower the valuation any thus withdraw my loan, can I use this to cancel the spa and asked for full refund?

Thanks a lot.

This post has been edited by brianccg: Sep 5 2012, 10:25 PM

I have some question on the legal issue.

The scenario is :
10% deposit paid to developer and snp is signed

Second progress of 10% is billed and will be due on next monday (in snp state that if purcahser fails to pay any progress billing in excess of 28 days after due day, developer can terminate the agreement and forfeited the deposit subject to 14 days notice in writing by AR to treat this agreement as having been repudiated by purchaser unless such default is rectified before expiration of the said notice)

Loan for 90% only approved by today


The question is:

1) can developer forfeited the 10% deposit if the loan is not able to release within 28 days after the due date or after the expiration of 14 day notice
2) can the purchaser pay the progress billing first if the bank fail to release within required time to avoid the deposit forfeited by developer
3) if the scenario is as 2) above, can later the developer refund to purchaser after the drawdown from bank to developer
4) what can the purchaser do if developer fail to refund after drawdown from bank

Appreciate if any expert can advice.

All queries will be answered tmr. Thanks for your patience.