So then I kena pay the rent for the whole of two years la? No defence for me?

That was what you agreed. So you can't back out of it.

Alternatives:

1. Talk to landlord and explain your situation. Perhaps he can compromise by forfeiting one/two months' deposit as compensation; or
2. You get someone to come in and continue the rental from you. Either you can treat it as a sub-let whereby you collect rent from the sub-tenant and pay the landlord, or you treat it as a fresh tenancy whereby the landlord terminates your tenancy and enters into a new one with the new tenant. This is of coruse, subject to the agreement of the landlord.

That is as far as I can advise you. Good luck.

Alright. Thank you so much for your help. I really appreciate it.

Dario Foo, you miss out my questions... Need help here...

Hi Dario, thanks for your comment. However, the agent just told me that the Lawyer had send my document to government to process, so thats mean there is no turning back now. I did get one of my lawyer friends to take a look on my quotation, he had stated that some of the item in the loan agreement shall not be charged.

Can you advice base on my previous thread on the loan agreement part. According to my friend, the below item should be borne by seller or not usual type of charges to purchaser.
1. Cost of preparing memorandum of charge 200,
2. cost of drafting discharge of charge 300,
3. disbursement for stamp duty for discharge of charge 10,
4. Registration fee for discharge of charge 120.

The above fees should be excluded from my bill.

And I find out that there are some items are repeated in SnP and loan agreement as I m using the same lawyer for both

1. Search fee RM160 (Is it that expensive in JB area?)
2. Transport, Telephone and Courier Charges
3. Miscellaneous & Postage

For Stamp duty on Sale and Purchase Agreement - RM50 (Should be RM40 right )

Please advise on whether my lawyer friend giving the rite advise. Thanks in advanced Dario Sifu

This post has been edited by hoks: Oct 25 2012, 09:49 AM

This is your property right? Basically it's in the previous owner's name?

Yes you have to pay it. It's just that the records in the municipal authority has not been updated yet. There would be a change of name form available at the authority. I think you have to walk in to fill it up and submit it.

Water is from SYABAS and Indah Water is for sewerage which is different. Are you sure that your management fees include for sewerage? You might want to check with management on that.

Sorry for missing out on your question.

1 - borne by you as it the charge in relation to your loan
2 - borne by the seller.

Is the lawyer the seller's friend?



Item 1 - Search fees for Klang Valley is RM30/search. You need to check for the charges in JB.

Item 2 - RM80 x 2 = RM160 is quite reasonable. Just because you use the same lawyer for both does not mean it can be waived completely. It can be reduced. Like if it is RM200 each, it can be reduced to RM100 each. Yours is already quite low.

3. Misc is RM50 as of right per transaction. SRO allows for it. Download it at the first page of this thread.

SPA should be RM10 per doc. Perhaps your lawyer is preparing 5 sets? You would need to check with them directly.

[quote=dariofoo,Oct 25 2012, 11:11 AM]
1 - borne by you as it the charge in relation to your loan
2 - borne by the seller.

Is the lawyer the seller's friend?

So for item 2,3,4 are borne by seller right?


Item 1 - Search fees for Klang Valley is RM30/search. You need to check for the charges in JB.

Anyway I can look for the standard charges for land search at JB?


Thanks Dario For Answering my question, please take a look at my further question in Purple colour, thanks

1. Yes, sorry. Intended to type 2,3 and 4 should be borne by seller. Discharge of charge is not your duty. It is the duty of the seller and as such, he should bear the charges.
2. Call Pejabat Tanah dan Galian JB. Google for the telephone number. They can immediately inform you.

Hi Dario,

Thanks for you information, really help me save a lot, thanks!!!

---

Added on October 25, 2012, 12:59 pmHi Dario,

Thanks for you information, really help me save a lot, thanks!!!

This post has been edited by hoks: Oct 25 2012, 12:59 PM

Ok cool. Be a smart consumer

Hi,

would appreciate your input on this - just helping a friend out.

Situation is : Friend rented a condo unit starting beginning of this month - rent/deposit etc. all paid on time, signed a 1 year tenancy agreement

Now not even a month into the lease, landlord wants the tenant to move out so one of the family members may use the unit instead.

Of course, she is not happy about this as a tenant!

I have read the tenancy agreement and there doesn't seem to be any clause for early termination from the landlord apart from if more than 7 days in arrears (which is not the case) or if the property is damaged beyond repair and the landlord is unwilling/unable to repair it (which of course, also isn't the case)

What rights does my friend have? In my opinion she should request for compensation equal to some months in rent + full refund of deposits?

What usually happens in this kind of case? Most cases are the other way around (ie. tenant wants to terminate early, and forfeits any deposits)

There is nothing in the contract unfortunately stating that the landlord is responsible to compensate if that makes a difference - I know in my own TA for where I stayed last time, it stated that landlord is responsible to compensate by how many moths remaining if the landlord terminates agreement early.

Would appreciate your input

Good Day Dario
Am in advance progress of selling my house for RM132.

As for the lawyer's fee i got such break down.

Legal Fee

1. Discharge of Charge RM300-00
2. CKHT 1A & 3 RM900-00 (RM300 per vendor)
3. 6% govt tax RM 18-00
RM1,218-00


Disbursement

1. Stamping (Discharge Form) RM10-00
2. Registration of Discharge RM70-00
3. Misc RM50-00
4. Travelling charge RM200-00
RM330-00

Total : RM1,548-00

I was told that i could settle the CKHT myself thus save me that RM900. Currently underway learning the procedures.
I took the house loan, but the bank that time wanted 2 more names. So my mom and sibling's name is in the S&P now.
It was only me settling the loan so far.
Q1)So do the other 2 vendor need to submit CKHT also ?
Q2)S&P not signed yet, so i should collect the 10% right after the S&P signing right ?. Because they are telling me that they will bank in after the S&P signing.
Q3) the fees are estimates only as a disclaimer in their email. So i can ask them to give a formal quotation before the S&P right ? I just wanna avoid paying the extra unnecessary & unknown fees.


Thank you for your time and reply,

This post has been edited by beauwlf: Oct 26 2012, 02:46 PM

Hey Dario,
My friend interested in one auction property, usually the procedure is we need to do a legal serach to confirm that the property do not have any private caveat, the agent advice my friends that that only apply to those property with individual titles/ strata title is issued.

as long as the property still under master title, and pending issuance of strata title, then nobody can lodge a private caveat on the such property, is that true?

-Edited-

This post has been edited by jarod89: Oct 27 2012, 09:20 PM

Mr Darifoo, thanks... So I only need to change name for both Indah Water and Cukai Taksiran right? Still got others that I might miss out?

By right there ought to be a clause there for compensation for early termination of tenancy by either party. Normally, it would be for the remainder of the tenancy period. However, just because there is no such clause does not mean that your fren cannot sue for that amount.

The landlord has no right to chase her out. I would advise her to stand her ground and not move until the landlord makes a reasonable offer as compensation and refund the deposits. But to keep on paying rent as usual until the compensation has been paid.

---

Added on October 29, 2012, 1:45 pmBy right there ought to be a clause there for compensation for early termination of tenancy by either party. Normally, it would be for the remainder of the tenancy period. However, just because there is no such clause does not mean that your fren cannot sue for that amount.

The landlord has no right to chase her out. I would advise her to stand her ground and not move until the landlord makes a reasonable offer as compensation and refund the deposits. But to keep on paying rent as usual until the compensation has been paid.

This post has been edited by dariofoo: Oct 29 2012, 01:45 PM

1. Yes, all have to fill up their own forms and submit.
2. Do not agree to any deposit to be paid after signing the SPA. Once the purchaser signs the SPA, he has to hand it over to the vendor together with the cheque for the deposit. Only then dose the vendor sign the SPA. Why can't they pay at the same time?? Sounds fishy to me.
3. Yes you can ask for a formal quote.

A caveat can still be lodged upon the master title, but same can be easily removed as you can't stake a claim over the entire master title if what you claim for is merely a parcel of it. It would be different if the one lodging the caveat over the master title is a lender who gave a loan to the proprietor of the master title (like a bank who is an end-financier to the developer). In such scenario, the bank can lodge a caveat and enter a charge upon the master title.

I can't think of anything else.