You should ask that to your lawyer, as he is the one who is preparing it .

Thanks for your explanation.

My SPA states that the balance sum shall be released to the purchaser solicitor as stakeholder and the monies shall be released to the vendor provided that the vendor handover vacant possession to the purchaser. The vendor shall hand over the keys within 5 working days, failing which late delivery penalty interest will be charged to the vendor by the purchaser at 8% p.a. from the date the sum are fully disbursed.

Anyway, my SPA lawyer will try to "talk" to the vendor to get the key before we take the next action. Why got such unreasonable people in the world???

Hi,

Not sure whether this problem suitable to post here or not.This is scenario between me (tenant) and the owner:-

30/9: I moved in at night.My parent tag along to help me move in. My mom complain to owner why this house look like partial furnish even though agreed at the beginning full furnish. The owner very frusted n going home without we signed the agreement. He said he need to add something n will be back

1/10: At night, owner call me and give move out notice in 2 months. so all my deposit will be used to pay for 2 months rent. My mom angry and asked me to asked permission to move out early. The owner reply "ikut suka you la".

5/10: I moved out from the house and return the key back. I left the place exactly same as I move in. I even used picture taken before as reference. The rate of my staying will be based on homestay rate as requested by owner. RM200/night, you know stay in partial house without fan/aircond in the room Nego until rm80/night. Sms the owner before going home and told him to deposit the balance to my bank account

10/10: Owner coming in checked the house condition.Still no news regarding the balance.

15/10: Owner asked me to sign a memo whereby I agreed to receive RM1600 only (Rm1300 deposit + RM300 utility) where I'd paid to him (RM1300+Rm1300+Rm300). He said to me suddenly he changed his mind and want to deduct whole month rental.Of course I'm very angry

Right now, I'm asking the owner to prepare the billing why he want to charge me RM1300? Is there anything else I can do to solve my problem so I can get my money back RM2500 as we agreed first time.

Thanks for reading my problem

thanks dario!

I have received a quotation from a lawyer firm regarding to the fees that i have to pay if i appointed my own lawyer to sell my house at RM380K. Here's the breakdown:

PROFESSIONAL CHARGES in taking all instructions for
the above captioned matter; perusing the Sale and Purchase Agreement;
amending the Sale and Purchase Agreement; attending to the execution
thereof; liaising with the Purchaser’s Solicitors; conducting the relevant
searches; and attending to all correspondence and work done incidental
thereto not specifically mentioned.
Legal Fees RM 3110

Preparing the relevant CKHT 1A; attending to the filling of the CKHT
1A at the relevant Inland Revenue Department.
Legal Fees (RM300 x 1 person) RM 300

Preparing the Discharge of Charge (Form 16N); attending to the
execution and stamping thereof; requesting for the Redemption
Statement and liaising with the Existing Chargee.
Legal Fees RM 300

Preparing the State Authority’s Consent to Transfer and Statutory
Declaration and attending to the application of the State Authority’s
Consent to Transfer
Legal Fees RM 300

6% Government Tax RM 240

Total legal fees: RM 4250

Disbursements:

Stamp duty for Discharge of Charge (Form 16N) RM 10
Application for Certified True Copy of Land Search in the Land Office RM 50
Application for State Authority’s Consent to Transfer RM 50
Affirmation of Statutory Declaration for State Authority’s Consent to
Transfer (RM 8 x 1 Person) RM 8
Registration fee on State Authority’s Consent to Transfer RM 50
Registration fee for Discharge of Charge (Form 16N) RM 70
Stamp duty for Statutory Declaration of Non-Bankruptcy RM 10
Affirmation fees for Statutory Declaration of Non-Bankruptcy RM 8
Land Search RM 30
Bankruptcy search on the Purchaser (RM12 x 1 Person) RM 12
Transportation and Travelling RM 250
Photocopying and Printing charges RM 100
Telephone, Facsimile, Posting, Email Charges and Miscellaneous RM 100
Total RM 748


GRAND TOTAL : RM 4998.

I would like to ask, do i need to pay all the CKHT 1A, Form 16N, State Authority’s Consent to Transfer and Statutory
Declaration legal fees as well?

In addition, did all the disbursement charges justified?

Thanks in advance for your advice.

When you returned the keys to him, did you get him to sign an acknowledgement? If yes, then you can prove that you surrendered VP back to him after xxx days, so you can claim back the pro-rated rental paid. If diplomacy fails, then you have to appoint a lawyer to send out a letter of demand. If that fails, then you can go to Court and file a Small Claims Suit against the landlord and get it heard before a Magistrate.

Yes. Unless you want to file in your CKHT yourself.

Please refer to the various samples in v1 of this thread. Link is at page 1.

First time ever I saw a lawyer bill for 'email charges'

Yesterday was the 2nd birthday of Lawyer's Corner. V1 kicked off on 17 Oct 2010.

Let's have some cake

Good Day,
i am letting go of a property at RM132k, the purchaser's lawyer already emailed me the s&p draft. They seem to indicate that i need to get my a lawyer. As a vendor do i really need a lawyer ? If i do how much will be the total fee that i need to pay ?

Thank you,

Thanks Dario, for helping us out & leading the "legal-ese blind" (like moi)

I've just started joining LYN forums and would like to thank you too for the advice.

Hi, i am running a project to renovate the Bangsar area bungalows. Somehow, i am urgently need to get the regulations of the renovaton. Can i know where can i get the information, best with the link to obtain online info.

Hi Dario,
I had paid a deposit of RM2k and te developer issued me a receipt written Pt 1st 10% on PTD112xxx.
While mot of the bank rejected my loan and only 1 bank approved on 90% of selling price, I had decided not to purchase the property after looking at my high commitment.
And now after 3 mths of my 2k deposit, the developer sent me a letter asking me for the progress billing of RM40k. The thing is I had not signed on any LO and SPA yet!
Can the developer asking the progress payment fr me even though I had not signed on any SPA and LO yet?!
Can I write it to complain as I feel it is an offense as per the letter they sent to me stated after u had signed the SPA on July 2012?
Is that possible to get my deposit of 2k refund by quoting HDA ACT?

Whether you really need a lawyer or not - the pros and cons are stated in a discussion at the early pages of this thread. Feel free to browse.

Legal fees according to scale as per the SRO at the first page. Or you can use the calculator. Add in around RM300-RM400 for disbursements.

This post has been edited by dariofoo: Oct 22 2012, 12:37 PM

Go to DBKL directly and obtain it or speak to an officer. That would be the best.

After you decided not to proceed, did you inform the developer? Or you just kept quiet?

If you did not sign an SPA, they can't demand the progressive payment from you. It sounds very odd for them to do so.

Yes you can complain but you can first write to the developer and state what the current facts are. Ask them to furnish proof of the signed SPA (if any). Yes you can claim your deposit back but some admin fees would be deducted from it.

Hi to all the sifus out there,

Need some advice for the following scenario

1 year back I bought a house with my girl friend, and currently she has decided to transfer her portion of share to me. One thing for sure is I will be required to apply for a new loan for taking up her portion. Just wondering what other cost & procedures that I should consider for the transfer at no gain no loss.

1. Do I still need pay the stamp duty? As this is a mere transfer of the name to me, if yes would it be 100% / 50% (her share) of the market value / transacted value?
2. We are not legally married yet, would this complicate the matter?
3. RPGT, I assume it’s not required since this is her 1st disposal. Or it will be totally exempted since it’s a transfer of name within the same property owner.
4. Legal fees would be required for the loan & transfer of name ?
5. What is the penalty like for refinancing of loan ? or for the fact that I am staying with the same bank I could be exempted.

Thanks in advance for the advice