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

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idoblu
post Oct 2 2012, 06:27 PM

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Hi Dariofoo

case solved - thanks

This post has been edited by idoblu: Dec 2 2012, 04:50 PM
TSdariofoo
post Oct 2 2012, 07:21 PM

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QUOTE(Bit @ Oct 2 2012, 04:04 PM)
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.
*
The worst of your concern is that the workers might shit in the house? Seriously? sweat.gif
TSdariofoo
post Oct 2 2012, 07:26 PM

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QUOTE(bestie188 @ Oct 2 2012, 06:05 PM)
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.

*
Transfer to your brother out of love and affection without SPA, right? You need to pay full stamp duty on the market value of the property. That would be the only tax. Stamp duty is fixed and depends on the market value, determined by LHDN.

QUOTE(bestie188 @ Oct 2 2012, 06:05 PM)
The property is more than 20years now so Real property gain tax wont come into play.
*
Nope. It does not work that way. Date of acquisition is the date when the property is registered under YOUR name. Date of disposal is the date the MOT is transferred to your bro. Less than 5 years, surely, so there would be RPGT if it was a normal sale at a higher price than market value at date of acquisition. In this case, since there's no SPA and the transfer is out of love and affection ,there is no gain on your part so RPGT would not apply. icon_rolleyes.gif
TSdariofoo
post Oct 2 2012, 07:29 PM

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QUOTE(idoblu @ Oct 2 2012, 06:27 PM)
Hi Dariofoo

Hope you can give me some advise what to do.

I put up a paid ad at propwall to sell a house of mine.
Then one real estate agent stole some of my pictures to be
used in his own free ad of another house. I called the agent up
and request him to remove the pictures of my house from his post. He agree
but till today it's still there. My pictures are all watermarked but he edited them out.

I then emailed propwall admin and requested that they remove it.
But the admin says they will call the agent and ask him to do it.

I fear that nothing will happen. I will wait a few days to see what happens.

If nothing, what can I do? Can reporting to MCMC do anything?
Btw the pictures is a very different type of house than what the agent is selling.
It's totally a misrepresentation besides been not the same house

Thanks in advance

Oh another thing, this thing has happened before but that time propwall
removed his ad but not this time. Same agent
*
Simple. Complain to his agency. If that does not work, complaint here:
http://www.lppeh.gov.my/

Against both the agency and the agent. icon_rolleyes.gif

Surely88
post Oct 2 2012, 08:09 PM

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QUOTE(dariofoo @ Oct 2 2012, 07:26 PM)
Transfer to your brother out of love and affection without SPA, right? You need to pay full stamp duty on the market value of the property. That would be the only tax. Stamp duty is fixed and depends on the market value, determined by LHDN.
Nope. It does not work that way. Date of acquisition is the date when the property is registered under YOUR name. Date of disposal is the date the MOT is transferred to your bro. Less than 5 years, surely, so there would be RPGT if it was a normal sale at a higher price than market value at date of acquisition. In this case, since there's no SPA and the transfer is out of love and affection ,there is no gain on your part so RPGT would not apply.  icon_rolleyes.gif
*
Thank you Dario. =D
your information does help me alot. =P

idoblu
post Oct 2 2012, 08:39 PM

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Thanks Dario for your answer. I'm thinking isn't Propwall also accountable for what goes onto their website? Its accuracy and the integrity of their advertisers?
TSdariofoo
post Oct 2 2012, 10:45 PM

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QUOTE(idoblu @ Oct 2 2012, 08:39 PM)
Thanks Dario for your answer. I'm thinking isn't Propwall also accountable for what goes onto their website? Its accuracy and the integrity of their advertisers?
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How would one expect propwall or iproperty or any online forum, even lyn, to verify and confirm every single post ad accurate or even worse, the integrity of those posting thier ads? It's a near impossible task, to be honest. As far as the law goes, they do not infringe any law. It's an open forum anyway. Hard to say really.

At the end of the day, let the buyer beware - caveat emptor. Check and verify the info yourself before confirming any purchase or info. With regard to your case, you should take it up with their agency, as I have advised you.

Bit
post Oct 2 2012, 11:21 PM

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QUOTE(dariofoo @ Oct 2 2012, 07:21 PM)
The worst of your concern is that the workers might shit in the house? Seriously?  sweat.gif
*
That is the worst case scenario. Anyway most developer forbid the workers to stay in any of the lots and instead they will allocate the workers quarter/cabin for them, right?
Newcastle
post Oct 2 2012, 11:40 PM

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Hi Mr.Foo,

After searching LAWYER CORNER and LAWYER CORNER V2, I haven't see anybody asking how much a Standard Normal WILL Cost? What is the range like? is it RM500 to RM1000?

Does a WILL include my EPF/KWSP and everything I have will pass it to beneficiary according to LAW.

Thanks.

This post has been edited by Newcastle: Oct 3 2012, 07:39 AM
zenquix
post Oct 3 2012, 11:48 AM

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A lawyer quoted the below disbursement fees for a Perfection of Charge transaction for my bank (Property was issued an individual title). It looks a bit excessive to me (as it comes up to abt the same amount for the legal fees) and would like to get your opinion.

Stamping of Charge Annexure @ 4 copies 40.00
Land Search 90.00
Registration of Charge 120.00
Purchase of Documents 200.00
Printing & Faxing 100.00
Courier & Misc 100.00
Transport, 200.00
Total 850.00

The legal fees came up to RM890. This is not an MOT as i went with the original S&P lawyer for that
TSdariofoo
post Oct 3 2012, 12:02 PM

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QUOTE(Bit @ Oct 2 2012, 11:21 PM)
That is the worst case scenario. Anyway most developer forbid the workers to stay in any of the lots and instead they will allocate the workers quarter/cabin for them, right?
*
You're right but that's not the worst case scenario. What I would suggest that you do is to write a formal letter of complaint to the developer and cc it to HBA and also the Ministry. Just to give it a bit more ooomph. smile.gif
TSdariofoo
post Oct 3 2012, 12:07 PM

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QUOTE(Newcastle @ Oct 2 2012, 11:40 PM)
Hi Mr.Foo,
After searching LAWYER CORNER and LAWYER CORNER V2, I haven't see anybody asking how much a Standard Normal WILL Cost? What is the range like? is it RM500 to RM1000?
*
Depends on how complicated it is - beneficiaries, properties, executors, trust deeds, other related matters.

Also depends on which law firm you go to - big, medium or small.

As much as people always use the word 'standard' for wills, agreements and deeds - I would say that there's nothing standard about it.

Just go out there and get a few quotations to compare, and choose the one that fits you. icon_rolleyes.gif


QUOTE(Newcastle @ Oct 2 2012, 11:40 PM)

Does a WILL include my EPF/KWSP and everything I have will pass it to beneficiary according to LAW.

Thanks.
*
Not EPF. For that you need to appoint a nominee by dealing directly with EPF. When you open an account, a nominee column will be there to fill up. Just update it from time to time, eg if it were your parent, then once you get married, you might want to change it to your wife.

A will can include monies in bank accounts.


TSdariofoo
post Oct 3 2012, 12:09 PM

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QUOTE(zenquix @ Oct 3 2012, 11:48 AM)
A lawyer quoted the below disbursement fees for a Perfection of Charge transaction for my bank (Property was issued an individual title). It looks a bit excessive to me (as it comes up to abt the same amount for the legal fees) and would like to get your opinion.

Stamping of Charge Annexure @ 4 copies  40.00
Land Search      90.00
Registration of Charge      120.00
Purchase of Documents      200.00
Printing & Faxing      100.00
Courier & Misc        100.00
Transport,        200.00
        Total 850.00

The legal fees came up to RM890. This is not an MOT as i went with the original S&P lawyer for that
*
Please refer to the samples in v1. You can see which ones are overcharged. Especially when you consider the fact that it is only for registration of charge, which quite straightforward. Why did you not use the same lawyer for both MOT and Charge?
zenquix
post Oct 3 2012, 01:56 PM

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QUOTE(dariofoo @ Oct 3 2012, 12:09 PM)
Please refer to the samples in v1. You can see which ones are overcharged. Especially when you consider the fact that it is only for registration of charge, which quite straightforward. Why did you not use the same lawyer for both MOT and Charge?
*
not by choice. Bank wanted their own panel and developer had their own panel.

I guess v1 you don't mean first page only. Will have to take time to go through the rest of the posts.

This post has been edited by zenquix: Oct 3 2012, 02:11 PM
TSdariofoo
post Oct 3 2012, 02:08 PM

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QUOTE(zenquix @ Oct 3 2012, 01:56 PM)
not by choice. Bank wanted their own panel and developer had their own panel.
*
Legal fees absorbed by developer? This is after VP ?
TSdariofoo
post Oct 3 2012, 02:10 PM

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LAWYER'S CORNER WILL BE TAKING A BREAK

Will be off for an outstation trip and will be back tmr evening (Thursday, 4th). Do post your questions here if it is not urgent and you can wait for a reply. If it is urgent, do post it in the open forum itself.


icon_rolleyes.gif
zenquix
post Oct 3 2012, 02:14 PM

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QUOTE(dariofoo @ Oct 3 2012, 02:08 PM)
Legal fees absorbed by developer? This is after VP ?
*
yup currently after VP. Legal fees for loan was not absorbed by developer, and loan lawyer was dictated by bank.
Newcastle
post Oct 3 2012, 10:59 PM

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QUOTE(dariofoo @ Oct 3 2012, 12:07 PM)
Depends on how complicated it is - beneficiaries, properties, executors, trust deeds, other related matters.

Also depends on which law firm you go to - big, medium or small.

*
Few years back ago, as I was working in a law firm and read a file that the customer sign infront of a lawyer and 2 withness. End up A piece of paper WILL and with a stamp on it. Looks like a simple WILL to me and the pricing plus amount of work doesn't impress me and felt unsecure looking at it if I plan to do it one day.
WinterSakura
post Oct 4 2012, 09:50 AM

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hihi~~

if the condo purchase is still under construction, did the buyer need to submit CKHT 2A form to LHDN?? i'm wondering about that. hmm.gif

the law stated tat buyer need to submit the form to LHDN 60days after date of agreement. otherwise penalty will be imposed on buyer.

can anyone clarify for me?? thanks~~ notworthy.gif
kh8668
post Oct 4 2012, 11:32 AM

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Hi Lyn forumers,

I got a question regarding to RPGT.

I don't know how this will work out.

Case: Let's say I bought a piece of residential land in June 2010. I built a bungalow house on that peice of land and then sold the land and bungalow together in June 2012.

Originally, it was a piece of land (when bought) and sell it (land plus bungalow).

My question is how the RPGT will be imposed here?

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