Dear Legal Experts and Proerty Experts,

I have a major dilemma here that I hope you can help me. I bought a high end condominium in Feb 2011, and moved in Dec 2011. A week after that, my bathroom was flooded with sewage water that flown out from the shower drain in my bathroom. I am staying on the first floor. Because it was weekends, the developer didn't send in their plumbers to rectify it immediately. I had to than a few days of this shit and urine in my bathroom for 2days before they came in and cleared the waste. And upon investigation, they blamed it on the contractors above my units who might have thrown rubbish into the drain and caused the blockage. During that time when the plumber was checking the piping in my house, he kept mumbling that the developer used cheap labour and cheap materials that's why so any problems. I couldn't sleep well the few nights, i stayed in the unit regardless, cos i feared that the Waste would flow out of the bathroom and damag my bedroom.

I thought after they cleared the rubbish that had clogged the drain, everything will be fine. But after a few days, it happened again! Same shit problem! I wrote to the director of the developer, she replied it is normal fr the first floor unit to kena this problem. After they cleared the debris and changed the pipes, they said they won't promise it won't happen again.

I got phobia after that incidents. I did not dare to use the bathroom, cos I feel that it's so unhygienic and unhealthy to use a bathroom that was flooded with human waste. I did not even dare to sleep in the master bedroom because every time I hear water noise, I will freak out and worried that same shit problem happen again. So, I moved to a second bedroom and leave the master bedroom unused. Imagine how sad I was paying 790k, but I didn't use the master bedroom or the bathtub that I have been longing to use.

A few nights ago, which means 9months after, same shit happened again. But this time is worst. I came home and even before I reached my door, I smelled urine and shit, and I could see sewage water flowing out non stop from my house!

It flooded my house! It contaminated my whole house including the bed, wardrobe, electrical items, kitchen, timber floorings, and etc.

I called the person in charge on his cell, he said its 10:30pm, he can't do much, the plumber won't come, he asked me to wait until next day, but he couldn't promise what time of the day.

Damn it, my neighbors came and helped me, we alerted the security guards, and they informed the management. The maintenance team from the management team came and took a few hours, before they managed to help me to unclog the pipe below. Me and my neighbors had to sweep out the human waste out if my unit.

I called the bloody developer rep the next morning, she said nobody informed her of anything. I sent an email to them and the director two hours before I called. She said we can't check the mail because the secretary only has the access to the email, and that the director is not in the office.

After I scolded them, she finally sent the plumber in and took a look, but he didn't give me an definite answer or solution. The developer didn't reply me either since then. Not even regarding the denying fees that I had to fork out.

I am devastated. None of my friends can help me in the legal advice. The lawyer friends said they are not expert in this.

Please help me guys.

Not to mention, it's has been 3weeks that they ignored my complain about the water leaking in my second bedroom wall, even after I threatened to bring this issue to public. I wrote almost 10emails but none was replied.
Please help me.

Omg! 790k and facing this problem...i hope you get the solution soon. And also compensation as well...

Dear legal expert,

I had brought a single storey house through LACA auction from bank on 17 July 2012 which cost about RM80k. I had paid 10% deposit.

My legal firm's clerk just told me the individual title had been issued and already registered under previous owner name. The firm 's clerk said she never meet this kind of case before because this case should under high court auction.

My Question is:
Q1, how can i transfer the house under my name? because i heard maybe the bank will withdraw the deal.
Q2, are there any risk if i proceed to pay balance purchase price? i intend pay by cash.

Thanks for help..

wilson

Hope anyone can share whether this process seem right now ?

I have brought a sub-sale condo in March this year, first time purchase, done everything, signed s&p and got the loan with bank in the past few months.

My bank has disbursed the amount to the previous owner bank for full settlement for the owner loan in early Aug, so when I check with my lawyer which is same lawyer with the owner, they informed has sent the cheque to bank and waiting for the Deed of Receipt and Reassignment and all original documents from the Bank.

But when I check again end of Aug expecting to get my key to the house, the lawyer informed they still have not receive the documents from the bank.

Just wonder if this is correct ? Am I suppose to just sit here and wait for the lawyer ? How long is the normal process and anything I should be doing?


Thank for anyone that can share with me their knowledge on my questions.

Hi sifu,

exp:

Mr. A has a land, but he never make a will. Mr. A pass away for 1 week already, sijil kematian just issued from JPN.

Question:

What is the fastest way his sons can get the land?

Thanks

Mr. A wife ? Children ?
All must agree to same terms, e.g. divide equally or based on the general rule.
If anyone not happy and challenge, i.e. no agree, very troublesome.

KL properties can do yourself at JUPEM, Jalan Semarak, KL. All need to present on the "perbicaraan" date, provided all agree on the division. Also no problem / encumbrances on the land/title.

Process is submit form, wait 1-5 months for the date.
Then "perbicaraaan", if all agree, results out in 1 month.
If not agree, drag long long, can be >7 years.

JUPEM will issue letter, then submit manually to Jabatan Tanah & Galian, KL (Rumah Persekutuan) with the old title.
New title out on next working day. Not sure for other states.

Total cost, about RM300-400 only. Cheapest.

Otherwise, can go through Amanah Raya, which charge based on %
Or go through private/runners, costs higher.

As I had stated earlier, the agent nor the vendor cannot insist on that PLUS 10% to be paid, unless it is stated in the letter of offer. So, you have to answer whether it is stated there or otherwise. If not, it cannot be insisted or requested by the agent or the vendor. Furthermore, why is the agent getting involved in the terms of the SPA?

You can still proceed with the SPA but when it comes to the drafting of the SPA, it will follow what has been agreed upon by the parties in the letter of offer. So, if the PLUS 10% clause is not there, the vendor cannot insist on it.

I can't see any way for you to cancel it. Fall back on the original terms of the letter of offer and move on.

1. If transaction is aborted, it is customary for half of legal fees to be reimbursed, plus unused disbursements. You would need to demand for it, as some unscrupulous lawyers will just keep quiet about it.

2. Has stamp duty been paid? Is he sure or pulling a fast one over you? If the vendor's property is encumbered, the first release will be for redemption and that stage, stamp duty would not have been paid yet. Stamp duty is normally paid at the tail end of the transaction. Ask for proof of payment - eg the Sijil Setem.

I cannot say if the lawyer ought to be responsible as you would need to study the chronology of the case from the start til the end to see if they have been negligent in any way throughout the transaction.

There would not be such a clause in the SPA, but the vendor would normally request for the keys to the property to be returned to him after the SPA has been signed. What the actual concern here, really?

Perhaps the property was under assignment at first when the vendor took the loan, and only later, title was issued. The PA would still be in force, so the bank can execute the transfer on behalf of the vendor, as the bank is the assignee whom the vendor has vested his authority in.

Since you are buying by way of cash, I see no complications.

Why bother talking to the clerk ? Demand to speak to a lawyer at once and ask him as to how he intends to resolve this matter. You're not paying professional fees charged by a lawyer to be entertained by a clerk.

Yes probably the bank is taking time to locate the file with the original documents. You must understand that the last month had many holidays and basically almost 2 weeks were taken out of the equation as many institutions were closed (or even if open, a lot of staff were on leave).

The vendor would normally be given 10-14 working days to obtain the duly executed Deed of RnR and original docs from his financier (check your SPA for the exact duration) In the event of a delay, the completion date would be extended in your favour.

I don't see anything which you can do, but to follow up with your lawyer to follow up with the vendor's financier.

Are there any other matters in the estate of the deceased? EPF, monies in bank accounts? If so, then it would be prudent to appoint a lawyer, draw up a Deed of Family Arrangement and get a Letter of Administration in respect of all the inheritence in the estate. Once the LA is issued, the administrator can execute the necessary transfer forms to transfer the land to the rightful beneficiaries as agreed upon in the Deed of Family Arrangement and LA.

How if the land in Johor? All family member already decide and agree with the land % distribution, all happy with that.


EPF already have nominee, so no problem. bank accounts left less money so bank agree to release the money. Now the problem is just left the land, family member already decide and agree with the land % distribution. so still need to appoint a lawyer? Estimate how many % of the lawyer fees?

Thanks

Thank you so much for your reply Mr Dario Foo. Really appreciated your input.

Just would like to know more in details before I start chasing my lawyer as I am afraid it will pissed them off.

Dear Dario,

Thank you so much for your precious advises.
I'll try to talk to the lawyer and update here later.

Thank you so much for your reply, I will direct talk to the lawyer.

Hi, I handed over rented apartment keys to landlord's friend on 13/8/12 because the landlord wasn't free and the landlord promised that she would return 3/4 of my deposit by 17/8/12 (she would keep 1/4deposit to cover the utility bills). But when I called her on 20/8/12, she said she was abroad and hang up her phone.
Then 2 weeks later on 3/9/12, I called that landlord again and she said she never said that she would return my 3/4 deposit by 17/8, and she found out there were a few problems in the property and we need to pay to repair. then when I defend, she said the phone line was not good and hang up her phone and till now, I haven't heard anything from her.
I don't think I should pay for the repairs as the landlord or her friend didn't inform me about the problem untill 3 weeks later and I don't know what they did to the property. The landlord bought the property from the seller(my previous landlord) and she didn't do a proper check before signing the S&P, now she found out the problems and wanted me to cover her cost which I don't think its fair.

The question is what I should do next, should I file a police report against my previous landlord(I had a rental agreement with him), or against the current landlord whom I don't have an agreement with.

This post has been edited by Emily Elizabeth: Sep 11 2012, 09:23 AM

Firstly, there's no point in lodging a police report as this is not a criminal case. The closest you can get to is cheating under Sec 420, Penal Code but it is unclear at the moment if the landlord has the intention of cheating you in the legal sense of the term.

What you can do is either draft a letter of demand yourself or appoint a lawyer to do so. In the letter of demand it can be stated that in the event that the deposit are not refunded within xx days, you would institute legal proceedings and also lodge a police report (as at this stage, you can infer that the landlord has the intention to cheat, as there is no excuse for her to hold the deposit after getting the LOD).

Your claim would be against the new landlord/owner, and not the previous one. The tenancy agreement can still be used as there ought to be a clause there which talks about assignment and continuity to a heirs-in-title, assignees,etc. So, the agreement continues to bind the new owner, who steps into the shoes of the previous owner.

With regard to the landlord's complaints about the condition of the property, it is clearly an afterthought as no efforts were taken to inspect the property before/during handover of keys. Now that weeks have passed, it would be too late for her to establish credibility in her claim. It is essentially her words against yours, so the fact that she delayed before communicating it to you shows that it is an afterthought on her part.

Put everything down in writing by way of a LOD. And do it fast without further delay before she puts something in writing first.

Brother Dario,

The deadline to sign the SPA is due on 21 Sept as per booking form. However, the landlord requested me to sign the SPA this week which I am not comfortable with as banker just called to informed bank loan approved and I have not really start looking for lawyer to prepare SPA.

Can I not agree to sign SPA this week and should I receive the LO Offer from bank before signing SPA?

Thanks

You have the right to insist on it to be executed on 21 Sept.

Technically a LO cannot stand without the SPA, but you can sign the LO first and get things up and running.

This post has been edited by dariofoo: Sep 11 2012, 12:08 PM