this is correct. the lawyer should be using the STAMPS system, meaning electronic assessment, before you pay any money to anyone. the lawyer is telling you nonsense.

http://www.hasil.gov.my/goindex.php?kump=2...1&unit=7&sequ=1

1. The RM200/300 goes to the lawyer as fees, not to the govt.
2. Seller.

Means I only have to pay the lawyer 50% of the stamp duty right?

Hi Dario, thanks for the clear explanation. But, y u called me 'boss' r? I am not.

Ok, back to the topic.

I hv told the lawyer i will bring the case to court and the owner was threatened and considering to change her mind.

However, i did not hear anything from the lawyer since then.

I would like to share with you some of my SPA lawyer's problems:


1) According to the SPA, the Completion Date (3+1 mths) shall start when the 2nd MOT is in favor of me.

On 22/09/11, the SPA lawyer advised that the Completion Date & Extended Completion Date shall fall on 12/12/2011 and 12/01/2012 respectively.
I refered to the email & sent her email to ask her for the evidence for the 2nd MOT, she NEVER reply. And she didnt send the original letter to my loan solicitor!



2) On 21/10/2011, the SPA lawyer emailed to me and said:



I was pissed-off and sent her email to ask her y she advised 2 different Completion Dates & Extended Completion Dates, AGAIN, SHE NEVER REPLY!! and She dares not to send out the original letter to my loan solicitor.


3) On 1 December 2011, the SPA lawyer said in her email that (fyi, same date at night, the SPA lawyer called me to tell me about the Owner's intention to cancel the deal):



My loan solicitor wrote to them officially to ask for all the B&W from her, she has not reply. So my Completion Date is not started yet since my loan solicitor has not received any B&W from the SPA lawyer.


Angel Dario , pls give me some advices. The SPA lawyer is playing all the tricks and didnt care much about her Client.

May i know:
1) Is email an valid evidence for me to lodge a complaint to the Bar Council? (She always CONFIRM many things in the emails but never send over the original cover letters, even my loan solicitor requested for it)
2) My fren asked me to request for a Performance Monitoring from the Bar Council. Does it work?
3) I doubt she has submitted the 2nd MOT for adjudication. Is there any way to check without going thru her?
4) How can she simply advised the Completion Date? and changed the Date at her wish? What can i do?
5) Pls give me some advices on dealing with Lawyer like this. Even my loan solicitor cant stand the SPA lawyer oledi.


Pls

Thanks

This post has been edited by irise.ufall: Dec 7 2011, 07:10 PM

If it is the adjudicated sum by the stamp office, yes. Wait for them to revert with the adjudicated sum first. Usually they will take about 5 days upon submission for adjudication process.

This post has been edited by property4all: Dec 7 2011, 11:00 PM

iriseyoufall:


Angel Dario???

1. Yes, it is good enough. E-mails can be used as evidence in Court also.
2. Never heard of it before. Sorry.
3. Put in a letter in writing asking her for a detailed summary of your case based on her e-mails. The list of docs in your second quote seems to be part of a letter whereby the lawyer forwarded the said docs to your loan lawyer. Am I right? Send in the letter by hand at the office. If you want, you can cc it to Bar Council also [whether you send it out is a different story ]. Give her 48 hours to reply failing which you will lodge an official complaint with the A&S Discip Board. Surely that will shake her up a bit.

* see first page of this thread for a link to the website of the Board.

4. There must be a reason why she did so. Without the benefit of a crystal ball, I can't predict why. Sorry about that.
What can you do? Write that letter would be one thing - another thing is to seek advice from your loan lawyer. Surely they can hand over some copies of correspondence between your SPA lawyer and themselves. Gather more evidence. Get a clearer picture before you go further in this matter.

I will let the expert Dario answer with better explanation, since he's the real pro, but my understanding is:

1) yes, you can lodge complaints using email correspondence.

2) Not sure if got such thing also usually if you lodge a complaint, if they deem it's sufficiently disconcerting, eh will issue a notice to the lawyer to explain himself

3) never tried this before, but you can call up Hasil hotline to ask them if you can check. After all the instrument out to have your name and IC on it ( it is technically YOUR document).

4) SPA should provide Completion date? What does it say? It appears quite clear to me. Of course lawyer cannot simply change the completion date!

5) simple. Tulis surat to her, threaten to complain to Bar Council. 80% of the time they will be scared shetless. If really cannot, write in to Bar Council. That's the best you can do. Once you report Liao, remember if she ask you to pull the report and let her settle it, DON'T. Insist that she settle your matters first, baru you withdraw the report.

hallo dariofoo,

wanna ask something, notice of assessment is paid and submitted everything including the grant of probate, court order, original land title, quit rent & assessment, Memorandum of Transfer at Land Office for registration of transfer of 1/2 share in favour of lee fong moi.

when submitted to land office and did a land search the next day, it said there is 2 perserahan belum didaftarkan:

1. turun milik akibat kematian - grant probate
2. pindahmilik tanah
surat kebenaran 7723/2011


the land title used to be 2 names, i.e: lee fong moi & Low chui ming (deceased).

today went to did a land title search again, lee fong moi name is still under pemilikan dan alamat, but low chui ming is replaced by:

"lee fong moi sbg pemegang kuasa (probate) /executor 1, 1/2 bhgn, no. kp xxxxxxxxxxx, warganegara malaysia, (address of lee fong moi)"

there is some info such as "tanggungan dan endorsan-endorsan lain" which record the above perserahan registered on what day and what time.

so in this case, is the transfer already registered? but when ask them the new title, they said not register yet. confuse.....

Registered - yes. New title issued - not yet. Most likely that is what the scenario is in your case. The database has been updated but the fresh issue document of title has yet to be processed by the Land Office.

Hi Dariofoo, thanks for your quick reply.

So the memorandum of transfer is registered but new land title not yet issued. So their one day policy is no use, it has already been more than 1 week but new land title still not yet issued, just a bit confuse when ask them the new land title they said not yet register instead of not yet issued......

usually take how long to get the new land title if you dont mind me asking again? thanks.

Which Land Office?

hulu langat @ bangi

Thanks for clearing the doubt

Dear Dario,

Recently company bought a auction unit (commercial shop) and lawyer appointed. May I know who is responsible to find out latest assessment bill outstanding. Vendor's lawyer? Purchaser's lawyer? or Developer?.

Give it 2 weeks to be safe. There's no 3 working days guarantee like the Shah Alam land office.

Purchaser's lawyer

With respect, I have a different opinion. In practice, the SPA lawyer has to ensure that the stamp duty has been deposited with the lawyer as stakeholder (kept in client's account) before the MOT/DOA is sent for adjudication.

What happens if the notice is out and the purchaser has yet to deposit the stamp duty payable?

Of course, this is more towards prudent practice more than a rule of law.

Furthermore, if the purchaser is taking a loan and if the vendor's property is still encumbered, the financier's solicitors will request for a confirmation from the SPA lawyer that the estimated stamp duty payable has been deposited with the SPA lawyer. As such, even before first drawdown, the stamp duty must already be deposited with the SPA lawyer.



This post has been edited by dariofoo: Dec 8 2011, 03:33 PM

You must understand that the rebate is not automatic. You have to apply for it together when your MOT/DOA is submitted for adjudication. Once LHDN is satisfied that you fulfil the requirements, they will state the stamp duty payable and that sum will be 50% of the stamp duty payable under normal circumstances. There have been cases where applications have been rejected.

Now, two scenarios:

1) If the vendor's property is still encumbered.

Then the financier's solicitors will request for confirmation from your SPA lawyer whether you have deposited the estimated stamp duty payable with the SPA lawyer before first drawdown to redeem the vendor's loan can be issued. As such, you need to deposit it much earlier in your SPA lawyer's client account.

A prudent lawyer would collect in full, as there's no guarantee that the application for rebate has been approved.


2) if the vendor's property is not encumbered.

Then there is no need for the confirmation as the MOT/DOA can be directly sent to LHDN for adjudication. Once again, A prudent lawyer would collect in full, as there's no guarantee that the application for rebate has been approved.

If only 50% is collected and if the application is rejected, things would be at a standstill until the purchaser coughs up the balance 50% payable. A prudent lawyer can skip the hassle of that and merely pay up in full what has been collected from the client.

Having said so, there are lawyers who just collect 50% stamp duty from the client. It's just that your lawyer doesn't operate that way.

In a nutshell, do not have any adverse conclusion against your lawyer. He is just being prudent by demanding for the full sum to be deposited with him as stakeholder. It's not like he can play with the money. If the application for rebate has been approved, the lawyer can refund the money to you, and all will be ok,



This post has been edited by dariofoo: Dec 8 2011, 03:54 PM

I purchase a terrace house lease hold in Kepong. Already sign SPA 6 months ago. the problem is Pejabat Dearah dan Tanah Gombak dont approve this application. the vendor is malay, the house confirm is not bumiputra lot. but there are cases that my neighbour waited for 1 year to settle. Now to speed things up we might need to fork out RM5k for kopi money. please advise.

Can try to appeal.

Kopi money?

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