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

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TSdariofoo
post Feb 21 2012, 06:27 PM

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QUOTE(kosinus @ Feb 21 2012, 01:03 PM)
I found out that to make a complaint at ASDB, they require fee for processing of non refundable RM100.00. Is it true?  doh.gif
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Yes that's right nod.gif
TSdariofoo
post Feb 21 2012, 06:30 PM

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QUOTE(jimme @ Feb 21 2012, 03:32 PM)
Hi Darifoo,

1. The vendor actually agree to share 50/50 S&P fee with us. What is the disadvantages behind?

2. If I appoint the bank panel agency to handle S&P and housing loan, does it make the overall process faster and better?
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1. That doesn't work and is not practical. The lawyer ought to be representing you and thus act in your best interest, and not the vendor. How can that same lawyer collect half fees from vendor? Another thing is - this lawyer would've been approached by the vendor first. He can't now turn around and act for you 'against' the vendor. It's already a conflict of interest. Thirdly, the lawyer is not a robot. If the lawyer has a relationship with the vendor and the agent, do you really think that he can remain impartial and act in your best interests 100% ? I doubt so.

2. Normally it would be faster, provided the said bank panel law firm is efficient. That is what matters.

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TSdariofoo
post Feb 23 2012, 10:14 PM

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QUOTE(CKW008 @ Feb 23 2012, 10:10 AM)
Enquiry: sub-sale property during under construction..

kindly advise what is the procedure?

Developer allows consent to transfer during under-construction period with penalty of 1%.

How new buyer gonna buy if they agreed on the new purchase price as the old SPA price btw seller & developer is the first hand price..

Another SPA has to be made? if so how is the existing SPA btw seller & dev?

Need to wait until VP only apply loan or buyer just apply loan directly after valuation can be fetched?

How about redemption from financing bank? Seller is ready to pay RPGT and exit penalty to the bank..

Thanks alot if can help
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Another SPA has to be prepared. The existing SPA would no longer be applicable. However, it still needs to be kept for record purposes as there is no title yet.

Need to apply loan now itself as your bank needs to redeem vendor's loan.
TSdariofoo
post Feb 23 2012, 10:17 PM

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QUOTE(sharpeye @ Feb 23 2012, 03:50 PM)
Is there any valid reason for a Vendor to hold the house key even after bank has produce a cheque with his name?
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No idea,mate.


QUOTE(sharpeye @ Feb 23 2012, 03:50 PM)
How long normally he can hold the key before i can ask my lawyer to charge him with interest? (I call the vendor and tell this and he get mad)
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What does your SPA say? It will be stated there.


QUOTE(sharpeye @ Feb 23 2012, 03:50 PM)
What do you think i can do to get my key as soon as possible?
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Ask your lawyer to write to the vendor's lawyer for you. And start calculating interest. If it is a lot and later when you get the keys, you always have the option to sue the vendor for the interest.
TSdariofoo
post Feb 23 2012, 10:19 PM

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QUOTE(merv87 @ Feb 23 2012, 09:52 PM)
Hi, I am a first time purchaser and wish to enquire whether a leasehold property in Cheras, KL requires the consent of local authority for the transfer to be effected. My agent told me beginning this year there is no such requirement but he is not certain on it. Please advice. Thanks.
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Which land office, chief? If in Cheras it doesn't strictly mean KL Land Office. Boundaries for titles is always different, for some weird reason.
TSdariofoo
post Feb 23 2012, 10:30 PM

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QUOTE(jimme @ Feb 23 2012, 10:22 PM)
Hi Dariafoo,

1.By impression vendor is kind, reason he wish i can use developer's panel lawyer is to get things settled faster because he is moving out from town soon. Besides he had paid certain amount for MOT and request lawyer to transfer the title directly to me, said this will save much of the time and my money since he had paid it. (is it true?) Thirdly when lawyer requested him to subsidy half of professional fee he agreed also. From above seems vendor does not have bad intention (i hope)

2.What bother me more is reliability of the developer's panel lawyer. If he is an ad-hoc lawyer, does it mean anything? If i appoint him as my SPA lawyer, how can i assure he will execute all obligations/duties in fair way by representing my rights i/o vendor's right? His quotation is simple, professional fee, stamp duty fee is usual, disbursement fee include Registration fees for MOT (with PA noting) RM420.00, Registration fees (Individual consent & master consent) RM150.00, Travelling RM100.00, Miscellaneous RM50.00. There are no land search, bankruptcy search, affirmation on statutory declaration and etc, should those be his duty and indicate on quotation? 

Vendor is kind enough, understand there might have conflict using same lawyer, however i think there are standard manual that should abide by SPA lawyer, if it is written black and white then i would be relieved to appoint him.

Thanks for valuable time and advise  notworthy.gif
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1. Up to you,boss.

2. Don't think much of a difference whether panel or ad hoc. Land searches and bankruptcy search must be done by your lawyer. Perhaps an oversight on his part.
TSdariofoo
post Feb 24 2012, 02:55 PM

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QUOTE(merv87 @ Feb 23 2012, 10:51 PM)
Hi dariofoo,

I am not sure which Land Office but this property is located in bandar sri permaisuri. Currently I am waiting for letter of offer from bank. Engaging lawyer to prepare S&P next week. Thanks.
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From the title you can find out which land office.
TSdariofoo
post Feb 27 2012, 01:01 AM

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QUOTE(TheNew @ Feb 24 2012, 05:36 PM)
----------------------------------
Thanks so much to take time to reply.
It is because the seller's property title is still with developer and because my friend wanted to withdraw from EPF to fund her downpayment that's why the complicated started. According to lawyer the only solution is to pay the downpayment first then only withdraw from EPF..and she managed to settle by borrowing money
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Ok good.
TSdariofoo
post Feb 27 2012, 01:02 AM

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QUOTE(ycngjack1 @ Feb 24 2012, 11:22 PM)
Hi dariafoo, i received this letter, what does it mean?

kindly be informed that we shall proceed with the registration of the perfection of transfer in favour of the vendor and the charge in favour of our client upon receipt of the duly adjudicated and stamped mot and other security document related thereto from XXX(firm name) and original title from developer.

are the first MOT transfer from developer to my vendor already started? or they waiting to start? my this deal is doing double transfer >.<
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Waiting to start.
TSdariofoo
post Feb 27 2012, 01:04 AM

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QUOTE(LightEnchanter @ Feb 25 2012, 02:17 PM)
when purchasing a subsale property, is it normally bank will assign a laywer for us to do our SAP, transfer and etc? do we need to go find one ourselves?
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You can appoint one yourself. More often than not, the real estate agent would also recommend you someone. The bank only comes in at the loan documentation stage. Some banks insist on their full panel lawyer, while some allow ad hoc basis - which means that your SPA lawyer can do the loan doc as well, if they fulfil certain conditions. It also depends on whether your SPA lawyer is interested to do it. Some firms don't do bank work at all.

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TSdariofoo
post Feb 27 2012, 01:07 AM

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QUOTE(F1meteor @ Feb 26 2012, 05:57 PM)
Hi Dario,

My current scenario is almost like this.
I signed S&P with my fiancée.
The loan is also under both of our names.

The property is a condominium which is still under constructions.
Is it possible to remove her name from the property?
Kind of like change it to me become the only owner.

Do I need a lawyer service?
Any issue with the bank?
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Yes you do need a lawyer. You can't just remove her name, you'd have to refinance the loan and do an assignment. Check with the bank as to their requirement. The property is basically assigned to them so you can't decide anything without first consulting them.

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TSdariofoo
post Feb 27 2012, 11:24 AM

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QUOTE(napoli26 @ Feb 27 2012, 11:03 AM)
hi dario, morning, can help me to check above price for snp and loan agreement? is the reasonable?
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Please compare with the samples in v1 of the thread. There's plenty there. Cheers.
TSdariofoo
post Feb 27 2012, 11:28 AM

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QUOTE(Th3D3vil @ Feb 27 2012, 11:04 AM)
Hi all, in need of some legal advice.

I purchase a property back in 2010 where 3 names being inserted into the S&P agreement. I would like to know what are the cost incurred and any legal hurdles should i remove 1 party from the S&P? 

Appreciate any guide/steps/process in doing so.

Thanks
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Remove? You mean transfer? Is there a charge/assignment over the property in favour of a bank?
TSdariofoo
post Feb 27 2012, 11:30 AM

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QUOTE(LightEnchanter @ Feb 27 2012, 11:18 AM)
does it mean that i need 2 lawyers ? one is for SPA and another is for bank loan?
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Let me put it this way - there are 2 legal paperwork - one for SPA and one for loan doc. For both you need a lawyer to do it. Then you decide whether you engage one lawyer to do both or one to do each. Read this post together with my last post.

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TSdariofoo
post Feb 27 2012, 11:39 AM

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QUOTE(LightEnchanter @ Feb 27 2012, 11:34 AM)
thanks dario, which is a better practice? will it be better to appoint only one lawyer to do all the stuffs? in terms of charges and fees is it the same?
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Logically, it would be faster if one lawyer does both for you, as you eliminate one paper trail. In terms of charges and fees it's the same.
TSdariofoo
post Feb 27 2012, 12:05 PM

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QUOTE(merv87 @ Feb 26 2012, 04:34 PM)
Hi,

It is written held in the Mukim and Daerah of Kuala Lumpur, State of Wilayah Persekutuan KL.

Does this property need to apply for consent?

Thanks.
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KL leasehold - some require consent, some does not. Like Taman Bandaraya in OKR is leasehold but does not require consent. Have you got a copy of the geran? It'll be stated there. Eventually a search would need to be done so it'll be stated there.

This post has been edited by dariofoo: Feb 27 2012, 12:10 PM
TSdariofoo
post Feb 27 2012, 01:07 PM

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QUOTE(irise.ufall @ Feb 27 2012, 12:56 PM)
Hi Dario,

My loan solicitor is waiting for the documents from my SPA lawyer before the bank releases the 2nd payment

Would like to check with you:

Can i terminate them as soon as they have furnished all the documents to my loan solicitor?
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Terminate them? Like Terminator? sweat.gif

Why? It's almost done. 90%, I'd say. You want to appoint another one and pay full scaled fees to do 10% of the balance work.
TSdariofoo
post Feb 27 2012, 06:11 PM

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QUOTE(irise.ufall @ Feb 27 2012, 02:19 PM)
I believe u can still recall my story right?  cry.gif

The reasons behind why i want to terminate them are bcoz:
1) They hv been dragging & dragging. I signed the SPA on May 2011, bank paid the 1st payment on early of Jan 2012, until today they still cant send the docs like original strata title & etc to my loan solicitor.
2) Main reason - my marked up in the SPA. It was agreed between the Vendor & myself (letter drafted by the SPA lawyer). Now i m worried that i couldnt get back my marked-up money bcoz the SPA lawyer do not have a physical office. They only hv a virture office. So if they run away with my money, i am gone.

So my intention is to terminate them (i am very sorry to use this word but if they really can act professionally, i won't be so fed up already cry.gif ) as soon as they handed over all the docs to my Loan Solicitor. So that the bank will pay directly to my new SPA lawyer instead of them.

Or can i seek for your advice?  notworthy.gif
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Have you paid their fees? If you terminate them at such late stage, you would still have to pay them full legal fees as invoiced. Are you prepared to do that?

Vendor not represented?

Even if they have a virtual office what's the big deal? There's a law firm in Brickfields who shares his firm with a tailor, side-by-side, and he's a decent fellow.

You can sue the partners in their personal capacity. No need to worry about money as all firms have professional indemnity insurance, so the insurance company will pay you. How much is the marked-up amount?




TSdariofoo
post Feb 28 2012, 11:33 AM

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QUOTE(Th3D3vil @ Feb 27 2012, 02:59 PM)
HI Dariofoo,

Not transfer. I wish to remove 1 of party name. 
Not sure what you mean by charge/assignment over the property.

I just would like to know how to initiate such legal mean in removing the party name from the S&P doc.

Thanks
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Cannot remove the name without replacing it. That's why we call it transfer. That person's 1/3 share must be transferred to another party, or perhaps to either one (or both) of the other owners.

Charge/Assignment is a security document created in favour of the bank if you have taken a loan out. Nothing can be done to transfer ownership without the consent of the Bank.

That is why you need to check with the bank first before appointing a lawyer.

Is that party which you want to remove a borrower as well? In that case, you may need to refinance. In any event, do check with the bank first.

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TSdariofoo
post Feb 28 2012, 11:47 AM

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QUOTE(it.fusion @ Feb 27 2012, 03:39 PM)
Hi Dariofoo,

My current status of purchasing property from owner are on my S&P lawyer sent out redemption letter to seller's bank.. My loan lawyer stated pending for the letter to proceed further..

May i know how many days/weeks it is usually takes before seller bank reply with the redemption letter ? and from this stage onwards.. how long it does takes before the title are changed to me.. or how long will it take more to complete the overall task..approx. thanks
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The bank would normally reply between 5-10 working days. How long it takes to finish is hard to say. You might want to check with your lawyer on this.

Basically the flow is like this:
1. The vendor's bank issues redemption STATEMENT;
2. Your loan lawyer prepares all the documents and advises your bank to release the redemption sum.
3. Your bank has to issue the cheque for the redemption sum.
4. Your SPA lawyer passes the cheque and the discharge of charge [DOC] to the vendor's bank.
5. Vendor's bank executes DOC and returns it with original title, etc.
6. Your SPA lawyer dates memorandum of transfer [MOT] and submits it for adjudication.
7. LHDN will issue notice of stamp duty to be paid upon MOT.
8. SPA lawyer pays stamp duty and gets MOT stamped. DOC is also stamped with nominal stamp duty.
9. SPA lawyer hands over registration fees, DOC, MOT and other original documents to loan lawyer.
10. Loan lawyer presents DOC, MOT and charge in favour of your bank at the land office.
11. With presentation receipt and other ori docs, your loan lawyer advises bank to release final drawdown.
12. Bank release cheque for final drawdown.
13. SPA lawyer hands it to vendor, and keys are exchanged together with apportionment of outgoings - end of transaction.

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This post has been edited by dariofoo: Feb 28 2012, 10:44 PM

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