Hi Dariofoo
case solved - thanks
This post has been edited by idoblu: Dec 2 2012, 04:50 PM
Lawyer's Corner v2, One-stop centre for any legal queries
Lawyer's Corner v2, One-stop centre for any legal queries
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Oct 2 2012, 06:27 PM
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All Stars
11,308 posts Joined: Feb 2008 |
Hi Dariofoo
case solved - thanks This post has been edited by idoblu: Dec 2 2012, 04:50 PM |
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Oct 2 2012, 07:21 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
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. The worst of your concern is that the workers might shit in the house? Seriously? So all this will be treated as a defect? Please advise. |
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Oct 2 2012, 07:26 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(bestie188 @ Oct 2 2012, 06:05 PM) Hi Dario, 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.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. QUOTE(bestie188 @ Oct 2 2012, 06:05 PM) 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. |
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Oct 2 2012, 07:29 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(idoblu @ Oct 2 2012, 06:27 PM) Hi Dariofoo Simple. Complain to his agency. If that does not work, complaint here: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 http://www.lppeh.gov.my/ Against both the agency and the agent. |
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Oct 2 2012, 08:09 PM
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Junior Member
14 posts Joined: Mar 2011 |
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. Thank you Dario. =D 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. your information does help me alot. =P |
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Oct 2 2012, 08:39 PM
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All Stars
11,308 posts Joined: Feb 2008 |
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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Oct 2 2012, 10:45 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
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? 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. |
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Oct 2 2012, 11:21 PM
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Junior Member
101 posts Joined: Sep 2006 From: Pluto |
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Oct 2 2012, 11:40 PM
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Junior Member
54 posts Joined: Sep 2012 |
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 |
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Oct 3 2012, 11:48 AM
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Senior Member
2,552 posts Joined: Jan 2008 |
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 |
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Oct 3 2012, 12:02 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
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. |
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Oct 3 2012, 12:07 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(Newcastle @ Oct 2 2012, 11:40 PM) Hi Mr.Foo, Depends on how complicated it is - beneficiaries, properties, executors, trust deeds, other related matters.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? 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. 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. A will can include monies in bank accounts. |
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Oct 3 2012, 12:09 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
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. 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?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 |
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Oct 3 2012, 01:56 PM
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Senior Member
2,552 posts Joined: Jan 2008 |
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 |
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Oct 3 2012, 02:08 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
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Oct 3 2012, 02:10 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
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. |
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Oct 3 2012, 02:14 PM
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Senior Member
2,552 posts Joined: Jan 2008 |
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Oct 3 2012, 10:59 PM
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Junior Member
54 posts Joined: Sep 2012 |
QUOTE(dariofoo @ Oct 3 2012, 12:07 PM) Depends on how complicated it is - beneficiaries, properties, executors, trust deeds, other related matters. 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.Also depends on which law firm you go to - big, medium or small. |
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Oct 4 2012, 09:50 AM
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Junior Member
29 posts Joined: Oct 2012 |
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. 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~~ |
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Oct 4 2012, 11:32 AM
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Senior Member
5,488 posts Joined: Jun 2008 |
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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