Please use the calculator at the link at page 1

Legal fees are for loan and SPA only. There would be disbursements also.

If MOT is ready with the SPA, then there is no extra charge. If thr MOT is ready later, a different set of fees would be payable.

Yes you can use the current residential address.

SPA not signed yet?

Usually for SPA with case buyer the sum would be deposited with the vendor's lawyer as stakeholder. It is never paid to the vendor before the transaction is complete.

Yes it is quite normal and should be ok. Just a photocopy. Make sure to put a deadline for the application, like 10 working days. If you leave it open then the purc will take his own sweet time to apply n follow up.

1. Booking fee? Or booking form?

2. Agent is talking rubbish. Any clause can be inserted if both partie agree. If agent wants to be difficult then deal directly with the vendor or his lawyer.

3. Yes it is ok.

Hi Dariofoo, I do have a serious doubt on bumi lot. I know this issue has been raised up by someone elsewhere in the forum but i can't really get a clear and definite answer to it and hope you can clarify for me.

Currently i found a high cost apartment nearby kayu ara area. It is a leasehold apartment which strata title still yet to be released and currently is hold by the developer. The owner of the apartment is a 2nd owner bumi (1st owner is also a bumi) and i'm keen to buyover from him.

I do check with the agent and she told me that there is no issue with non-bumi purchase the unit and the project is a bumi quata type(assuming it is) and not bumi reserve lot and as long as the quota is hit (ussually 30%) then there is no issue for non-bumi to buy it.

How do we know if the quota is hit when i purchase? The test is donw during my purchase or when strata title is issue?

I heard some other told me that as long as it is bumi lot and next time if the strata title is out, it would have problem for me to register the title under non-bumi name unless i sold it off before the strata title is out.

I'm really confusing about it. Hope you can clarify it. Thanks a lot.

as at 7/11/2012 - Dear Dario, i had previously consulted you regarding this matter, kindly advice.


This was my initial Q in a LY thread




This is the copy police report made by my friend.




This is the youtube link on my friends statements.



Today my friend informed me that his matter will be called ata the PJ Majistrets Court on 8/11/12. He also said the security guard has also lodged a report lately.

I will update here on as to the outcome of the matter in court on 8/11/12.

Please advice as the matter looks like the security guard will just walk away....


as of 8/11/12......after all the publicity in papers and you tube....today my friend attended Majistrets Court in PJ...and got charged.....actually both were charged as the security guards accomplice managed to set up a false witness and also made a report....then attended court prepared.

Security was ready with money to pay bail.....while my friend was stuck and by the time bail was made...he was taken to lock up....

Now i und when i hear that Msia has no sense of justice....

This post has been edited by wannahaveitall: Nov 9 2012, 12:36 AM

Hi , I have a brand new house rented to a tenant since August this year. After the tenant move in, the tenant reported the house many defects, leaking, cracking, air cond pipe etc...... So I have informed the developer SSF to fix the defects, after fixed the old defects a new defects arise again, never end until now. The tenant very frustrated ask for reduction of rental for compensation. Can I claim this from developer?

After report the leaking defects, developer never take action in 1 month. Only do inspection , but no action taken. No matter how I complain , their staffs just playing the merry-go-round, wasting my time to repeat and repeat again. What can I do, instead of waiting ? Can I repair the defects myself and claim from the developer?

Sorry for the confuse, I have some question regarding the subsale freehold townhouse at Malacca. The house is still under master title and let say the title had been issued to the developer. I know there are 2 options available from previous post :

1. Developer transfer to vendor then transfer to me.
2. Developer direct transfer to me.

My question is what if the developer insist to follow option 1 but the vendor had went bankrupt. What is the consequences I should bare as the buyer? Thank you!

[quote=dariofoo,Nov 7 2012, 10:23 PM]
1. Booking fee? Or booking form?
Sorry should be booking form. Agent insist no need booking form wait for the SPA from the vendor.

2. Agent is talking rubbish. Any clause can be inserted if both partie agree. If agent wants to be difficult then deal directly with the vendor or his lawyer.
Agreed on this. The issue is the agent does not agreed on the full refund of the earnest deposist if loan rejected as he said that this is direct instruction from the vendor. Insist me to pay the earnest deposist only provide the grant and SPA. Furthermore, request me to apply loan 1st, how can i apply loan if i dont have the grant and SPA/booking form?
I request the vendor contact in order that i can try to nego with the vendor but he dont want to give. He also said that he been in this line for 10 years plus and never hear about the full refund of the earnest deposist if loan rejected.

Just wondering what is the purpose of getting rental contract stamped? What are the pros & cons?

If you are the owner and you have it stamped, doesn't it mean you declare your property as generating rental income, as such you need to pay tax for it?

If the agent is so confident about her representations to you that, "there is no issue with non-bumi purchase the unit and the project is a bumi quata type(assuming it is) and not bumi reserve lot and as long as the quota is hit (ussually 30%) then there is no issue for non-bumi to buy it" then ask her to put it in writing and if later on - consent is not obtained, then the agent would reimburse you your legal fees paid to your SPA lawyer and all other costs.

You can get further details on bumi lot/quota from the developer. They would have a proper record and can advise you further on this.

So your friend was charged ? For what offence?

Did you notice that your friend's report did not mention of any injury to his arm? He only mentioned his nose.

I'm sure the security guard would have his side of his story as well. It takes a lot for the guard to wield the rod and hit your friend. Perhaps there was a verbal argument and threats? Perhaps there is a bigger side of the story than what is stated in your friend's police report, which sounds too simplistic and may have omitted facts which were not in his favour.

Perhaps a reading of the guard's report would shed more light on this matter.



The procedure would be for bail to be offered and fixed by the Court, eg RM2000.00.

Did the penjamin attend Court and appear before the Magistrate?

It only takes not more than an hour or two to post bail. Once the sum has been fixed, the interpreter would give a form for the penjamin to fill up. Then it will be endorsed by the Court and the penjamin has to go to the bank to open a savings acc with no ATM and deposit the money in that acc.

Then, bring the bank book to the court, and once the court has confirmed with the bank, then the interpreter would instruct the bailiff to release the accused as bail has been posted. In the meantime, the accused would be kept in Court. If the Court is full, of course he has to be kept in the lock up. If by the end of the day, no bail is posted, he will be brought to Sg Buloh prison.

That is the procedure for EVERY case.

Did he appoint a lawyer to attend on his behalf? If he can organise a press conference to tell his story, surely he can afford a lawyer of his own to act for him. Fight the case and get it knocked out. Then file a civil suit. That's how it goes.

Good luck.

This post has been edited by dariofoo: Nov 9 2012, 10:45 AM

You cannot claim for reduction of rental from the developer, as that is your arrangement with the tenant.

I would suggest that you put your complaint in writing and cc it to the Ministry, Biro Pengaduan Awam, HBA, Commissioner of Buildings, and any other party to highlight this matter. If other owners are affected, gang up and do something together. Can even appoint a lawyer to send in a letter of demand.

You can do it on your own and then claim from the funds held by the dev lawyer as stakeholder during the Defect Liability Period but there is a procedure to do so which is not easy.

If vendor becomes bankrupt in the midst of the transaction, the whole agreement is terminated and you can claim for your deposit paid to be refunded. Whether you can claim or otherwise is another issue.

Is this agent even registered? No reputable agent will state that there is no need for a booking form. A registered agent would have a form prepared by his principal. That is how he secures his 2% deposit.

Are you dealing with a broker?

You better be careful.

TnC are between the vendor and purc. Agent has no say in it. If he refuses to give you details and remain evasive, and if you doubt that your loan may not be approved, then I suggest that you back away from this deal as the agent seems hellbent on forfeiting your deposit as his fees.

This post has been edited by dariofoo: Nov 9 2012, 10:54 AM

It is a requirement of the law for a tenancy agreement to be stamped.


Of course. But what happens if the taxman catches up on you and discovers that you aren't?

if its not stamped does it mean the contract is not valid or what?

and usually who bears the cost?


This post has been edited by advocado: Nov 9 2012, 11:29 AM

I agree, his report is incomplete. How do we access the guards report..

There was a verbal argument which led to this incident.

---

Added on November 9, 2012, 12:24 pmBailed him out today. matter is fixed for further Mention.

He doesnt have a lawyer.

Thanks a lot for your advice, We would be very much grateful if you just brief us if in the event he is able to get some lawyer to attend to his matter...will there be any damages given if the matter is successfully struck out.

Just another Q, what do you think will happen at the next Mention in court.

Thank you for your time.

This post has been edited by wannahaveitall: Nov 9 2012, 12:24 PM