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 Lawyer's Corner v2, One-stop centre for any legal queries

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excelint
post Sep 28 2012, 04:19 PM

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QUOTE(dariofoo @ Sep 28 2012, 04:03 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.
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During i pay the booking fees, they gave me a document to sign

TYPE S1
SEMI FURNISHED PACKAGE
1) KICHEN CABINET
2) LIGHTING FITTING
3) AIR CON
4) WATER HEATER
5) CEILING FAN
6) DOOR BELL

is this valid?
is this normal not to state in S&P?
how important should i request to add in?

thank you.
xbotzz
post Sep 28 2012, 05:05 PM

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QUOTE(dariofoo @ Sep 28 2012, 11:56 AM)
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.
*
My bad, I meant you only commented the disbursement fee was pricey. The legal fee has no fixed maximum except for a minimum, I caught that, thanks.

I noticed the other forummer gets quoted for DOA im getting MOT, I believe it has something to do with the title being ready or not. Correct ?
I did not see the other forummer getting quoted for CKHT as well, any clue why the difference?

TSdariofoo
post Sep 28 2012, 09:47 PM

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QUOTE(excelint @ Sep 28 2012, 04:19 PM)
During i pay the booking fees, they gave me a document to sign

is this valid?
is this normal not to state in S&P?
how important should i request to add in?

thank you.
*
Can you scan the doc n put it up here? Need to take a look at it before advising further.
soonsoon
post Sep 28 2012, 09:48 PM

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Dear Sifu, need your help to take a look.
I am buying a condo and I had paid the deposit and going to execute SPA.

In the SPA, one of the clause are as below:

"All lawful outgoing charges including but not limited to the quit rent, assessment rates, , service charges, water charges, electricity charges and all other charges for utilities and services payable in respect of the Property shall be borne and fully settled by the Vendor as and when they shall become due and payable up to the Delivery Date and shall be apportioned between the Parties as at vacant possession is delivered to the Purchaser by the Vendor . "

I not really understand the above clause. Is it means that when VP is delivered to purchaser, the outgoing charges stated above shall be apportioned or shared by both parties (vendor and purchaser)? Why need to apportioned by both parties? Is this normal in SPA? For my understand, all lawful outgoing charges should fully borne by the vendor up to the date that Vacant possession delivered to purchaser, right?

Legal experts, help please!!!

Thank you.
TSdariofoo
post Sep 28 2012, 09:49 PM

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QUOTE(xbotzz @ Sep 28 2012, 05:05 PM)
My bad, I meant you only commented the disbursement fee was pricey. The legal fee has no fixed maximum except for a minimum, I caught that, thanks.

I noticed the other forummer gets quoted for DOA im getting MOT, I believe it has something to do with the title being ready or not. Correct ?
I did not see the other forummer getting quoted for CKHT as well, any clue why the difference?
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DOA is for assignment without title. MOT is for tranfer of ownership with title.

By right you should be billed for CKHT. I hope you lawyer knows that even for disposal without SPA, CKHT needs to be submitted by both parties.
Newcastle
post Sep 28 2012, 10:52 PM

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QUOTE(dariofoo @ Sep 28 2012, 11:56 AM)
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
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1) Meaning my property is RM150k and legal fees Maximum RM1,500 Minimum RM300. Lawyers can charge within RM300 to RM1500 without infringing SRO 2006. Am I right?

2) In near future, I graduate and pass my CLP then 9 months chambering officially a lawyer. If my income as a lawyer is not satisfy, I choose to have another income or I would like to say a business to generate cashflow to me. So my question is does it affect ettiquette of a lawyer and image of the lawyer?

QUOTE(dariofoo @ Sep 28 2012, 12:00 PM)

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.

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3) Know Wonder Judge that I know is Anti Social, Strict and Respectful Person. What if the Judge being bribe by the defendant of the case? An Appeal for higher Court has to be done is it? Or request of Changing Judge.

Thanks.

This post has been edited by Newcastle: Oct 1 2012, 12:01 AM
excelint
post Sep 29 2012, 01:26 AM

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-- deleted --

This post has been edited by excelint: Oct 1 2012, 08:32 PM
uanmal3437
post Sep 30 2012, 04:27 PM

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QUOTE(dariofoo @ Sep 28 2012, 11:33 AM)
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.  icon_rolleyes.gif
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Loan approved and lawyer appointed by bank.
Loan lawyer has contacted my spa lawyer.
Sigh looks like nothing i can do besides waiting.

Anyway, thanks a lot Dario.
TSdariofoo
post Oct 1 2012, 12:09 PM

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QUOTE(Newcastle @ Sep 28 2012, 10:52 PM)
1) Meaning my property is RM150k and legal fees Maximum RM1,500 Minimum RM300. Lawyers can charge within RM300 to RM1500 without infringing SRO 2006.  Am I right?

2) In near future, I graduate and pass my CLP then 9 months chambering officially a lawyer. If my income as a lawyer is not satisfy, I choose to have another income or I would like to say a business to generate cashflow to me. So my question is does it affect ettiquette of a lawyer and image of the lawyer?
3) Know Wonder Judge that I know is Anti Social, Strict and Respectful Person. What if the Judge being bribe by the defendant of the case? An Appeal for higher Court has to be done is it? Or request of Changing Judge.

Thanks.
*
1. No, for SPA and loan, it must follow the scale, so if RM150k property, then the fees are RM1500.00. Fixed. The above queries were for transfer out of love and affection via MOT without an SPA. That is why it cannot follow the scale, because the work done is little compared to a full-blast SPA transaction. So, Bar Council gives the flexibility to the lawyers to set the fees according to what they think is reasonable, but not more than the actual scaled fees (according to market value) and not less than RM300k, in any event.

2. It is not wrong in the eyes of Bar Council for a lawyer in active practice to have another business, as long as:

a) It is legitimate
b) It does not conflict with the legal profession
c) It does not affect the image of the legal profession.

Acceptable examples include opening up a restaurant or pub. A lot of lawyers own pubs and bistros around the Klang Valley.

You can also be a director in a company and collect director's fees. Of course, the nature of the business must not contravene (a)-© above.

3. How can you even prove the alleged bribery?
cutie rabbit
post Oct 1 2012, 05:09 PM

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Dear Sifu,

For the 50% discount on stamp duty when house price < RM350k. It is apply on the SPA stamp duty only or both SPA and loan stamp duty ?

TQ
TSdariofoo
post Oct 1 2012, 07:06 PM

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QUOTE(cutie rabbit @ Oct 1 2012, 05:09 PM)
Dear Sifu,

For the 50% discount on stamp duty when house price < RM350k. It is apply on the SPA stamp duty only or both SPA and loan stamp duty ?

TQ
*
Both nod.gif
Bit
post Oct 1 2012, 09:09 PM

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From: Pluto
hi dario, can i take legal action against the developer for allowing their workers to stay in the nearly completed house?
thanks.
Newcastle
post Oct 2 2012, 05:50 AM

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QUOTE(cutie rabbit @ Oct 1 2012, 05:09 PM)
Dear Sifu,

For the 50% discount on stamp duty when house price < RM350k. It is apply on the SPA stamp duty only or both SPA and loan stamp duty ?

TQ
*
Sorry Mr.Foo, Not I am lazy..........Just cann't find the answer and since it is near Year 2013......Do next year have 50% rebate on stamp duty for first time house buyer in year 2013.
Bit
post Oct 2 2012, 08:59 AM

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QUOTE(Bit @ Oct 1 2012, 09:09 PM)
hi dario, can i take legal action against the developer for allowing their workers to stay in the nearly completed house and the expected completion date end of the year ?
thanks.
*
~Zhu~
post Oct 2 2012, 02:45 PM

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Hi Dario,

I have a question. My balcony ceiling (concrete ceiling) has water marks and i already lodge a complain to the management office and the management office already sent 3 letters to the owner above. Sadly the neighbour does not fix the leak and just ignore those letter. Therefore would like to know will it be useful to issue a legal letter to the owner above?

In addition, normally if this thing happen who is responsible to pay for the repair job? The owner above?

Thanks
TSdariofoo
post Oct 2 2012, 02:54 PM

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QUOTE(Bit @ Oct 1 2012, 09:09 PM)
hi dario, can i take legal action against the developer for allowing their workers to stay in the nearly completed house?
thanks.
*
What loss did you suffer?
TSdariofoo
post Oct 2 2012, 02:56 PM

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QUOTE(Newcastle @ Oct 2 2012, 05:50 AM)
Sorry Mr.Foo, Not I am lazy..........Just cann't find the answer and since it is near Year 2013......Do next year have 50% rebate on stamp duty for first time house buyer in year 2013.
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According to the Budget 2013 announcement, the rebate remains at 50% but the ceiling has been raised from RM350k to RM400k. It remains only for residential properties only.
TSdariofoo
post Oct 2 2012, 03:09 PM

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QUOTE(~Zhu~ @ Oct 2 2012, 02:45 PM)
Hi Dario,

I have a question. My balcony ceiling (concrete ceiling) has water marks and i already lodge a complain to the management office and the management office already sent 3 letters to the owner above. Sadly the neighbour does not fix the leak and just ignore those letter. Therefore would like to know will it be useful to issue a legal letter to the owner above?
*
If all has failed then the next step would normally be to issue a legal letter of demand.

QUOTE(~Zhu~ @ Oct 2 2012, 02:45 PM)
In addition, normally if this thing happen who is responsible to pay for the repair job? The owner above?
*
Depends on the cause of the leak and who is responsible for the leak. It's not as easy as pointing the finger at the owner of the above unit.

By right management should inquire further by engaging a plumbing expert to figure out the source of the problem. You should insist on that, if it is within the defect liability period.

Bit
post Oct 2 2012, 04:04 PM

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QUOTE(dariofoo @ Oct 2 2012, 02:54 PM)
What loss did you suffer?
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This is a new double story house under development and expected completion date is end of 2012. I have been going to the site monthly for its status. Unfortunately the unit that the workers are staying is the unit that I have purchased. Aren't those workers are not allow to stay inside the 90% completed unit. What will happen to the final finishes? The worst might be that these workers will just shit inside the house as there is no toilet available for them.

So all this will be treated as a defect?

Please advise.

bestie188
post Oct 2 2012, 06:05 PM

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Hi Dario,

I have a question regarding the transfer of property.
My Grandpa passed away and will stating the property to be transfer to me. After all the processing for 2 years, the property now is under my name. But i would like to transfer the property to my brother. Do i need to pay any tax? government tax? i heard some people say need to pay what government tax 20%++ on the market value of the property which is like few hundred k. i m not selling the house but transferring to my own siblings.
The property is more than 20years now so Real property gain tax wont come into play.
Hope for a favorable reply soon. =)
Thx






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