Thanks Dario sifu for prompt reply,

I have been following up very closely with my lawyer and he is saying that he is now waiting for the bank senior management to approve the LU since the developer is firm with the decison and they are still holding my sort of title grant. The developer has seek legal advice from the legal department and they are not going to issue new LU. Bank on the other side also seem not agree with the LU. I am afraid their decision is not approve and keep on dragging the issue.
At the end I am going to pay the penalty which I felt is totally unfair to me.
Aside of waiting for the approval alone. What else can I try to do?
Can my laywer act as a stake holder or something to sort the issue?

Thanks,

Any sifu can comment because if the project under HDA, under the HDA Act/Regulation:

No housing developer shall collect any payment by wahtever name called except as prescribed by the contract of sale.

Under the standard SPA in the Act/Regulation, only the 10% is provided upon signing SPA. Hence legally the developer can only charge some admin fee and cannot forfeit the booking fee, right?

It comes to the same thing when you calculate. You still pay full duty if half duty is paid twice.

Stakeholder for what? The monies?

Nothing else to advise you further than what I've done so in my previous post. Just be patient and will till they sort things out. I'm sure one party will budge in the end.

Forfeit the booking fee for what reason? Please provide more details.

Dario Sifu

The seller call off the deal after I paid booking and bank loan approved. Can I asked them to pay me liquidated damages? If they refuse, what should I do?

In addition, can a non bumi buy a property from bumi owner? The property is landed leasehold and I read through the title, did not stated it is bumi lot. From the title can we know if it is bumi lot? I know if Malay reserved land, it will stated in the title but not sure about bumi unit.

If it is non bumi lot, is that difficult to transfer from bumi name to non bumi name? Consent will take how long? It is under DBKL.

Thanks a lot

sorry for my lousy maths!

anyway i really appreciate what you are doing there for all of us...thanks so much

Let say after paying booking fee change mind and not sign S&P, can the developer forfeit the booking fee or can developer only charge the admin fee?

What is the protection to consumers under HDA and HDA regulation?

You're right. Under the HDA, 10% is paid upon execution of the SPA and nothing earlier. It also does not allow the developer to contract out of the terms of Schedule G or H in the HDA.

However in reality, the practice is for developers to collect a booking fee.

My opinion is that they have to refund the booking fee to you less any admin charges allegedly incurred. If they forfeit the whole sum your remedy is to appoint a lawyer to sue but most people do not do so simply because the cost of hiring a lawyer would be more than the booking fee itself.

1. Why did they call it off. Must be a reason. Did you miss the deadline to sign the SPA?

2. Check with the developer if it is a bumi lot. Can transfer but subject to consent of state authority.

3. It is really subjective. Can be 1month even to one year.

I also dont know why seller cancel and agent told me they want to sell to relative. I did not miss the deadline to sign SPA in fact is ahead.

What is the liquidated damages as stated in the booking form? If you can accept that and if they are willing to pay, then go ahead. Otherwise, you would need to litigate the matter.

How much you estimate to engage a lawyer just to issue a demand letter quoting the HDA Act?

There's no fixed rate, there's no estimate rate. Litigation lawyers are like cars - there's Proton, Toyota, Merc, BMW. Different brands of course different set of fees.

Hi ALL!

I has recently purchased a sub-sale unit. The seller is lawyer and he told me his lawyer firm will act on his behalf as seller. That's mean I am unrepresented as a Buyer. He asked would I am ok with this arrangement？

Please advise if I could do this way? My objective is to save on legal fee.

Thanks!

It does not mean that you are unrepresented. You as purchaser need to appoint your own lawyer as there is a substantial bit of work for the purchaser's lawyer to do compared to the vendor, who can choose to be unrepresented. Plus, since the vendor is a lawyer I would suggest that you appoint an experienced lawyer who can act in your best interests. Refer to my post in the first page of this thread on tips to appoint a good lawyer for your SPA.

This post has been edited by dariofoo: Sep 25 2012, 10:27 PM

Hi,

after fully settle the bank house loan, can i personally do the loan discharge process by myself, if cannot what is the lawyer charge the fees?

now i want to change the property name from wife to husband, but the property still under master title ,but is ready to transfer to individual title, shall i change the title or change name and title at the same time ?

can i do all the process without the lawyer?

thanks

Do you know how to prepare the relevant form, i.e. Deed of Receipt and Reassignment and attend at Court for revocation of PA as well as stamping of the Deed of RnR at LHDN? If yes, then you can do it yourself.

Legal fees would be fixed at RM400 (RM300 for Deed of RnR and RM100 for revocation of PA), plus a few hundred more for disbursements.

Direct transfer can be done subject to agreement of developer. See what they say. Otherwise, you have to do back to back MOTs. However, the second would be exempt from stamp duty if it is from wife to husband AND if it is out of love and affection (no SPA, just transfer with no money changing hands).

If you know how to prepare the MOT as prescribed in the National Land Code, filling up of PDS form, submission for adjudication, dealing with developer and presentation of MOT at Land Office, then yes, you can do it yourself.

Legal fees for preparation of MOT depends on the market value of the property and is scaled according to it. You can download the SRO at the first page to find out more about the legal fees. It would not be the same as for SPA but much more less.

Hi, DarioFoo,

Thanks a lot, you are pro.

Hi Dario,

The lawyer had post to me this letter to prove the reject letter of lhdn.

I felt very disappoint with the negligent service by the lawyer..
And i wish i could get back my money.
Is there anything else i can do?


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