Dear Dario,

Would like to get some legal advice from you...

I was issued a Notice of Late Payment for failure to pay the building maintenance fee & sinking fund by the Apartment Management. In fact the notice was pin up all over the notice board in the Apartment, displaying my unit no. It really caught me by surprise as I recalled I never failed to pay up my maintenance fee & sinking fund every month, in fact I kept all the official receipt whenever I made payment. When I confronted the apartment management, asking for explanation, they claimed that it was due to my cheque was refund from their records. It was a surprise to me as I never recalled any cheque was not cleared, I double confirm with the bank immediately and it was confirmed that the cheque have been cleared and money have been disbursed. But the apartment management was adamant saying the cheque was refund. I am sure that someone has cleared the cheque, as it is Account Payee only - no one else could have cleared the cheque. I am seriously considering to take legal action against the Apartment management for this incident, as my unit was put up on the notice board whilst I have never failed to do my payment, I have all the official receipts issued by them, my cheques to them was all cleared as per my record/statement confirmed by the Bank,in fact proven with cheque scanning image bank into receiving account - the notice is a damage to my reputation as it is stated that they will take legal action on my unit failing to do the payment.
Someone has clearly bank in the cheque and they insist the receiving bank said NO, and that's it?!

The management office did not give me any satisfactory answer but just said they did not receive my cheque and hung up.
I am extremely not happy with the response, whilst I had to do all my part to prove the cheque has been bank-in, and what they did was just said No.
Can I take legal action? Or issue any kind of action to prompt further investigation?


Thank you very much,

You're right. It does state 5 years of full drawdown. What I would suggest is that you casually request to refinance without mentioning anything about the penalty. You can point out that you have been paying since 2007. If they follow a strict literal meaning of the clause then you would be stuck. If they apply a more purposive and realistic approach, then it ought to count from the date of first repayment and thus, they can waive the penalty. More often than not, if you refinance with the same bank, they can exercise their discretion to waive the penalty, or give you a significant reduction upon same.

Thanks again. Will make a trip to meet the loan officer.

Has the cheque been cleared for payment and the sum deducted from your account? If so, then as far as you're concerned, you've paid. Plus, management had issued you with a receipt right? If so, couple that with your bank statement and you have strong evidence of payment.

With regard to defamation, what was stated in the notice? Was your name stated or was it just the unit number? What was the exact wording of the notice? If you can reproduce it here then it would be helpful. It is the extent of the publication and exposure that would determine the liability as well as quantum of damages payable to you.

Hi Dario,

I have just got an update from the developer regarding the title. According to them, they have just made the payment to the surveyor for the processing of the individual title.

May I know is this a normal procedure to process the individual title? Also 'normally', how long will it take from this step until the individual title is issued?

Thanks

Hi, i need some advise regarding the Letter of Confirmation and Undertaking.

Recently, I had refinancing my property to other financier and appoint they panel lawyer to handle refinance transmission. Last week, the bank panel lawyer has write-in a letter to my existing legal firm to issuance a Letter of Undertaking to them.

Yesterday, I receive a email from bank panel lawyer asking me to forward amount of disbursement payment to the SPA solicitor for issuance a Letter of Undertaking.

Since, I had pay the final bill of legal fee pretaining to loan documentation to bank panel layer should be no more charge will require me to pay.

I need some advice who should pay the disbursement fee for Letter of Undertaking to SPA solicitor me or bank panel lawyer.

thanks

Hi Dario,

I need some advise frm u.. As im going to purchase a factory soon (RM430k) but this is my first time, so there r few questions in my mind tat u might b able to help la..

1) it's there any differences of SPA legal fee calculation between houses n factory? As the agent told me to prepare at least 3% of d property price... But based on d calculator u provided in beginning of this thread, I myself come out a assumption price ard RM3600++ (inclusive 6% service tax).

2)the stamp duty is it ard RM7500++?

3) it's commercial property, so I only able to get 80% loan, but heard some of my fren saying tat can actually get 90% loan if they change to dunno wat business loan, very confuse now, but agent told me it's impossible to get, is tat true? is there anyway tat I can get 90% loan? As I really tight in cash flow now...

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This post has been edited by Newcastle: Nov 3 2012, 06:59 PM

i m buying a subsale property (condo) in kl. owner is from singapore.
just need some advice, should i add in caveat into the snp?
thks.

Dear dario, can you kindly review the charges for my legal for snp is ok? thanks alot. i am buying rm120k apt.


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Dear Sifus,

I recently sold off a property and in the process of filing in CKHT 1A by myself... have 4 of us so, lawyer is charging rm300 per form... so think will save the $$$ and DIY

i have got the forms filled in but when i went to LHDN to submit the officer told me i had to prepare the purchaser's 2A forms as well... but i believe thats already submitted by purchaser's lawyers..

officer said both forms 1A and 2A have to be submitted together otherwise the submission is deemed incomplete documents

thanks in advance...

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This post has been edited by staind: Nov 5 2012, 11:24 PM

Dear sifus,

Just want to ask about a very rare case. Assume that a sub-sale transaction has completed up to stamp duty paid on transfer of title, but bank have yet to start to disburse the loan. What are the consequences if the buyer and seller mutually agreed to terminate the deal?

Is the stamp duty paid can claim back from the authority? And what about possible penalty from bank side? Any other things at I miss?

Sorry, hard to advise on this. Payment has been made but has work commenced? We do not know how efficient they are. Hard to say.

What disbursement fee is this? Your SPA lawyer is charging you for a simple LOU? Why so calculative? Ask them to waive la. In any event, you have go bear the cost, not the lawyer or the bank.

1. No difference.

2. You might want to check this with bankers. Nothing legal about it which I can advise you with.

Is the property encumbered?

Please check with the samples in v1 of this thread.

You don't need to fill up the CKHT 2A. Just request an original copy of it from the purchaser's lawyer and file it on their behalf. LHDN has this rule whereby all CKHT forms must be filed at the branch of the vendor.

Stamp duty can be claimed back from LHDN. Bank cannot penalise you as loan is dependant on SPA. If SPA collapses the loan cannot stand. However, legal fees has to be paid. If terminated halfway, then half fees would be charged customarily. However, this is not a hard and fast rule and some firms may bill you in full. Unused disbursements must be refunded.


This post has been edited by dariofoo: Nov 5 2012, 11:06 PM