Conflict of interest on the part of the lawyer. He cannot act on YOUR behalf AGAINST his former client for the SAME property. It is unethical, unprofessional and against the code of conduct set by Bar Council.

On your part, just pause and think a bit - you're appointing a lawyer who used to act for the vendor. Now you expect this lawyer to act in your best interests, when in fact, he has acted for the vendor previously? Unless your lawyer is a robot, I seriously doubt if he can be impartial (hence the ruling regarding conflict of interest).

You can even read posts in v1 and v2 of other forummers who have faced problems with lawyers who are supposed to act for them but who are most 'sympathetic' and 'close' to the vendor instead.

I suggest that you appoint your own lawyer. Read the post in the first page of this thread for more info on appointing a lawyer. Unless of course if your only concern is cheap legal fees. If so, then perhaps you can go ahead and keep your fingers crossed that nothing will go wrong.

What is the nature of your business?

Engineering firm.
a) will have few customers to visit/meetingat my office from time to time.
b) will keep some stock/power tool in the office. but the size is not big, all can carry with a normal trolley.

ok, so lets say i want to change firm, can i still withdraw back the deposit money? and will there be any penalty against me for doing this?

because right now what i have paid is the deposit. commission and etc not yet.

and lets say if i go on with this lawyer, what should i take note so that i wont be in disadvantage?

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Added on September 27, 2012, 4:30 pmand what is the possible thing that could go wrong?

This post has been edited by EternalC: Sep 27 2012, 04:30 PM

Should be alright. Perhaps to be considerate and not raise any suspicions, bring in the tools after office hours/night.

The thing is - am not sure if they would allow you to put up a signboard outside the unit, or whether the signboard has be within the boundaries of the unit, like outside the main door but on the wall which is in the interior. Hard to put it in words but I hope you know what I mean. You might want to check that with the management.

signboard should be fine. can have, then it is good, cannot have, then it also fine.
my most concern is, as long as i could register my company under my unit address, can be official declare my unit of SOHO is my office.

What deposit is this? You did not explain. Is it the earnest deposit?

I think I have explained to you that the history of the lawyer already puts you at a disadvantage, so if you remain with the lawyer, the disadvantage is still there. I can't add anything more. It's quite obvious.

My dear, there's like 100 things that can go wrong in a transaction. Even the drafting of the SPA itself, which has to favour you, can go wrong. I have no idea how the lawyer is going to draft one against his former client for the same property.

Perhaps your lawyer is a robot after all.

The description of your business is suitable to a concept of a SOHO. Even lots of law firms are set up in SOHOs. A service-based business fits the use of a SOHO.

As long as there is no commercial trade, physical selling of products, etc, then it should be ok.

its the house deposit. 10% deposit.
ok, regarding the disadvantage, if in the end i'm able to get the house, it should be ok right?

Why did you pay the 10% deposit before signing the SPA?

You can request for it back, in any event. SPA not signed yet. Only the earnest deposit has to be paid.

I don't think anyone will be running away with the house , so yes, surely you would get the house.

coz i first time buyer, dunno much. i did searched around for procedures but here the steps are abit diferent.

no booking fees paid to the agent or whoever first. i was thinking if i go along with the current firm, and before signing off the S&P, maybe i'll take if back to ask for a third opinion from someone who has legal knowledge background?

i'm afraid to take out the deposit right now as there is another interested buyer, coz right now since i had paid the deposit, means i have already made a booking on the house and i have the right to buy the house first. no? because the 10% deposit now is being hold by lawyer firm. if they release it to the owner before signing S&P and DOA then i sue get them right? as the receipt did say the payment was for that particular unit.

agent commision will only be paid once everything settle

Ok. Thank you bro for your clarification.

Hi Dario,

Unfortunately delay in SPA completion might not always be a good thing to purchaser....

Some purchasers might hope to complete the purchase and get the house asap.
For me, I will be starting new job in KL next year, I hope to get the house and move in with my wife by end of year.

The vendor was supposed to sign last week but delayed to this week.
However, this week the vendor has gone overseas, he will be back after 3 weeks.
So, it is 1 month delay already....

Dear Lawyers Out There!

Would like to know why Malaysia Legal System or Court Room does not have any Jury like in the UK? Recently notice Teoh Beng Hock Trial in You Tube and other you tube recording in the Malaysia Court Room.

Beh Hiau Bo Kan..........I seek if anybody can give me answer.

This post has been edited by Newcastle: Sep 28 2012, 01:40 AM

Thanks Dario for looking into this.

By you just advising on the disbursement fees only, I am concluding the MOT and tax part is standard fee pricing. I just called them and asked for a discount.

In this case, my end result with me will be the Stamped Ownership of Transfer Form KTN 14A in the name of the new owner.

I can use this as a proof to KWSP and for future purchases of new props. Am I right ?.

Thanks again for providing some "community service". You are helping lots of needy headless chicken here (like me!)

True, I agree with you, but there's nothing much you can do but to wait for the vendor.

In the interim, have you got your loan approved? Has a lawyer been appointed? Or same lawyer as SPA?

Has your loan lawyer called you to execute the loan documents?

If you have signed the loan documents then that is the most 'optimum' progress on your side and once the SPA is signed and dated, the loan lawyer can fill up the blanks and send it in for execution.

Until that is done, this delay may still well be a good thing for you,mate. Gotta look at the positive side of things.

Boss, I did not only advise on the disbursements. Read my post properly please. I told you to read my previous advice to the forummer before you who asked the same question as you did and my advice to you was the same which I gave to him. Legal fees for your MOT is not scaled fees according to the SRO. It is a reasonable amount not less than RM300. The firm can charge anything they feel is reasonable. You don't accept, you go ask another quotation from another firm.


Yes you can. They would ask for proof of disposal. You can have a copy of the Borang 14A and title after the transfer to show that you have disposed it out of love and affection.

Jury trials were abolished from 1 Jan 1995. Before that, all criminal trials where the accused faced the death penalty were conducted before a jury.

The official reason given by the Govt for abolishing the system was that the cost of assembling and paying jurors were too high. The truth of the matter, for what I believe anyway, was that the prosecution found it difficult to get convictions for cases, especially for murder cases.

Malaysians generally are a superstitious bunch and a lot of jurors at that time were suspected of letting accused off the hook not because they were convinced of his innocence, but because they 'pantang' to sentence another person to death. This was prevalent among the Chinese and Malay jurors. Worse still if the accused was of the same race.

This may sound like a laughing matter but in truth, if you think about it, you can't rule out the possibility. The reason of high costs cannot be accepted. This is the question of people's life at stake, not just liberty. How can costs even be considered ?

Basically, now that the judge has ultimate power, the conviction rate for capital offences in Malaysia is very high. A lot of judges are now known as Hanging Judges because even if you have a good defence, they would sentence you to hang. Judicial decisions from the 1980s and early 1990s which favours the accused and places a higher burden of proof upon the prosecution has all been overruled and replaced by decisions which are so pro-prosecution. Makes you wonder whether the burden of proof is upon the prosecution to prove guilt, or upon the accused to prove that he is innocent.

PS: The TBH video you saw is just an Inquest. It is not a criminal trial. An inquest is to determine the cause of death of TBH and the person responsible for the said death. Witnesses are called to assist the Court. There is no finding of guilt and no sentence is passed at the end of an inquest. Only a finding is made by the Coroner (the Magistrate)

This post has been edited by dariofoo: Sep 28 2012, 12:01 PM

Dear Dario,

I bought this unit of property direct from developer, which free the S&P agreement + stamp duty.

a) However, when i read thought S&P, i found this. is this normal??

S&P
32. Stamp duty and registration fee
The stamp duty and registration fee for this Agreement and the subsequent transfer of the said Parcel referred to in subclause 11(2) shall be borne and paid by the Purchaser but each party bear its own solicitor's costs.

Also, in Deed of Mutual Convenant (DMC)
Section 8.15 Costs
The costs for the preparation ofthis Deed including the stamp duty and solicitor’s cost shall be borne and paid by the Purchaser.

b) Also, the developer actually promise 2x aircon, lighting, fan, kitchen cabinet, water heater and etc. but all these not writen in s&p. normal?

This post has been edited by excelint: Sep 28 2012, 03:13 PM

I think the developer is following the standard Schedule G or H agreement which states that stamp duty and fees are to be paid by purchaser. Same goes for Deed of MC. As long as they are not collecting upfront from you then it should be ok. To confirm - check with the developer and lawyer again.

With regard to the other promises, where is it stated? If just in the advertisement or brochure given to you before you sign the SPA, then it is not binding upon them if they don't deliver in the future. It should be included in the schedule to the SPA. You should bring this up with them if you feel that you don't trust them and want it to be in writing.