1. It will he handed to the accused by the DPP before the trial. All documents which the DPP will tender as evidence will be handed over to the lawyer pursuant to Sec 51A Criminal Procedure Code. This would include the guard's report.

2. No. This is a criminal case. If you want damages you need to file a civil suit which is seperate.

3. The next date would be for his lawyer to appear. I'm sure a date of 2-3 weeks is given so in the interim, he would need to appoint a lawyer.

If you don't even have the decency to ask a question politely, I would suggest you go a coffee shop and ask for legal advice there because your language befits such a place.

not sure anybody ask this already or not, but a question from a noob here. we purchase an apartment and snp was signed (and chop duty stamp) on 5 Nov 2009. until today 9 Nov 2012 the building is finished but still no news about OC yet when ask the developer the clerk say OC in process might be reay in dec, can we claim any compensation from the developer?

To make it clear, the tenant move in in August
August- Tenant complaint one of the room air cond not functioning due to the air cond pipe leaking gas. Kitchen water pipe leaking. Developer had fixed it within 1-2 weeks.

September - one of the air-cond of the other room break down. The we have replaced the air cond within a week.

October - the bathroom floor leaking , water heater not functioning due to the MCB short. This problem still waiting for the developer to rectified. Unfortunately, there is a water leaking from the staircase too but this defects already rectified by the developer.

So I sincerely understand how's the tenant suffering. May I know whether the tenant have rights to ask for rent reduction. Or change another way to ask the question, do I bear the responsible to reduce rental for the tenant?

I don't compromise is because I don't want the tenant taking advantage next times, to claim again against minor defects. So could I just stay firm ?

I see. In other words, if im success to sign the SPA it means that there will be no issue with that? No any other issue will pop out later on when strata title is release? And if developer say i can buy means i can buy?

Thx for your precise explanations. U explain it in simple words, for a commoner to und.


Sorry for continuously bothering you, but please correct me on the following if i am wrong:=

* my friend has to sm how appoint a lawyer or represent himself, which is not a good idea since he knows nothing about criminal law.

* he can go to legal aid or bar council to get a lawyer to help him in a minimal cost.

* the matter will be struck out if both parties withdraw their reports.

* once the case in the Magistrates court is withdrawn, no further civil suit can be filed.

* it would have been better for my friend if only civil action was initiated not the criminal suit.

* my friend can go and make a further report ..to add that his hand too was fractured in the incident.

Sir, in the event my friend engages a lawyer from a firm, roughly how much do you think the fees might come to.

Thanking you in advance.

Hi Dario,

I need some advice regarding some legal issues on buying property. Hope you can assist.

Scenario is as follows:
1. This is a freehold landed property
2. Individual title is ready but owner has not transferred it to his name., i.e still with developer.
3. It's a bumi lot.

My question:
1. Is it possible to do a double transfer directly from developer to new buyer's name?
2. Bumi Consent i understand could take 3-9months, is that true?
3. Assuming everything goes well, when is the fastest to conclude the deal, i.e from title transfer -> bumi consent/SPA -> loan disbursement.

Thank you in advance for your kind advices.
And apologize if you have answer it somewhere else, but there are over 111 pages, my eyes got after scrolling many many pages.

Hi Dariofoo,
Hope you can help answer some of my queries:
a) I am thinking to sell my property. Can you advise me on the procedure and the fees involved?
I bought the house on 2005, refinance it on 2009. Would the RPGT tax applicable on my case?

b) I have another joint house loan with my brother. I plan to sell or refinance the house. However, he refuses to do either of the 2 actions mentioned above. Can you advise is there anything that I can do? I have been paying half of the housing loan all this while. I have gone through some articles, and those articles mentioned that there is nothing that I could have do. Does Malaysia law protects the buyers' interest too for joint house?

My apologies if you have answer it before in this forum, but there are over 100+ pages and I may have missed the answers posted by you on the same questions as above...


Regards,
BM

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Added on November 12, 2012, 2:44 pmHi Dariofoo,
I managed to dig back your response for my 1st question....
"As for seller, 2 options:

1) Appoint another lawyer to act on seller's behalf - seller has to pay full scaled legal fees to the lawyer. Lawyer would vet the draft SPA prepared by the purchaser's lawyer and would also follow up with redemption of seller's loan, preparation of discharge of charge/deed of RnR, application for consent (if applicable) and filing of CKHT Forms.

2) Do not appoint own lawyer but authorise purchaser's lawyer to assist with redemption of seller's loan, preparation of discharge of charge/deed of RnR, application for consent (if applicable) and filing of CKHT Forms. Seller does not pay full scaled fees but is fixed on the assistance rendered by the purchaser's lawyer, eg applic for consent is RM300, discharge of charge is RM300, plus some disbursements would be payable too.
"
What would the approximate total charges for both scenarios? Will I be taxed for RPGT?
Also, can you help to provide answers to my question (b) (Sorry, am a noob in law)
Thank you.

This post has been edited by BM81: Nov 12 2012, 02:44 PM

Yes you can claim for late penalty interest from 5 Nov 2012 until date of VP. For constructions of building intended for subdivision the completion date is 36 months from date of SPA.

It it doesn't state so in the tenancy agreement, the tenant has no right to demand for a reduction in rent

Just check with the developer first. And check with the Land Office in question too. Normally if the property is still under master title then it is the developer who has to play a role. Check with them.

1 Yes of course. If he wants to claim trial of course he has to appoint a lawyer to argue on his behalf.

2. Yes he can but their Means Test is very strict. Not all qualify for legal aid. He can try to apply though.

3. Not necessarily. It depends on the Prosecution whether they want to proceed or otherwise. Withdrawing a report does not mean that the AG cannot proceed with the prosecution.

4. No. Criminal case has nothing to do with civil case.

5. Not necessarily. Burden of proof is different is both criminal and civil. In criminal cases, the burden is beyond reasonable doubt while in civil cases, the burden is on a balance of probabilities.

6. Yes he can.

7. There's no fixed fees. Varies from lawyer to lawyer.

1. Yes, if the developer agrees to it.
2. True, but sometimes can be obtained faster and sometimes would take longer than 9 months.
3. Hard to tell. It depends on a lot of factors. You might want to ask your SPA lawyer directly.

a. No. Date of acquisition is 2005 which is more than 5 years.

b. Why does he refuse to sell/refinance? Is he the joint owner as well, or just joint borrower? If he owns half-share then he has the right to do as he pleases. Who pays the other half of the loan?

1. Discharge of charge - RM300, CKHT 1A - RM300 per pax. Disbursements RM300-500. Differs from lawyer to lawyer.
2. Scaled fees - refer to first page for link to calculator. Insert selling price and generate answer. Add that sum to the fees in para 1 above.

....Hmm looks like my friend is in a difficult situation. Cant afford a lawyer; not sure if matter can be withdrawn; Dont know what to do next.

Thank you very much Dario for your explanation.

This post has been edited by wannahaveitall: Nov 12 2012, 07:35 PM

Noted. Appreciate the value advise. thanks a lot

Hi Dariofoo,
he pays the other half, i pay the other half
thank you very much for your advise.

Dario boss

for loan docs relating to the purchase of a l/h prop under construction is

i) is it necessary for a caveat to be lodged by me (purchaser)?
ii) what is "registration fee for PA/SOD"?
iii) title search ?
iv) winding search?
v) bankruptcy search?

am refering to a quotations by loan lawyers that included the above costs

just want to avoid paying for unnecessary charges..

thank you

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Added on November 13, 2012, 4:09 pm
Dario boss

have another query - if there is a discrepancy in S&P and Deed of Mutual covenants with regards to facilities to be provided in a strata
development, which of this 2 docs under the law will be binding?

Thanks

This post has been edited by nookie188: Nov 13 2012, 04:09 PM

Dear all,

I have some questions here.

I want to sell off my house about RM700,000.

However, after so long no prospect from all the agents, there is an agent able to get a buyer to buy my house at lower price than my target price which is RM570,000.

So, no choice, I agreed with the price of RM570,000 and signed the agent paper to sell off at that price. However, not yet sign S&P paper.

Then, after that, more offer coming in now. And now it seems like more buyers want my property now with higher offer.

So now, another agent able to get a buyer to buy at RM600,000.

So, if I agreed to the new buyer at RM600,000 but I already signed the previous agent's paper, any problem for me?

Any Penalty?

Is it really still can cancel the previous deal and continue with this new deal with more profit?

Please advise.

Thanks.

This post has been edited by victorwan: Nov 14 2012, 12:27 AM

Hi dario, my case is like this:-

I'm selling my house to one buyer. We both using own lawyer. However, it has to go through MOT1(trustee to vendor) and MOT2(vendor to purchaser). My lawyer told me both MOT can adjudicate and stamp together. Today, i went for signing S&P(signed by purchaser). While signing i only checked on the purchase price and ic(normal standard checking). My lawyer was holding the 8% of earnest deposit. At the same time i wonder why im not given the balance of 8% of the earnest deposit. (I thought will be given after the S&P was stamped by the purchaser's solicitor)

As i reach home, i go thorugh my S&P(photostat copy) again, i found that

MOT1 will be stamped and adjudicated by vendor solicitor and
MOT2 will be stamped and adjudicated by purchaser solicitor once MOT1 stamped and adjudicated

Q1the lawyer told me will be stamped and adjudicated MOT1 and MOT2 together..why now different?

2.1.2
a sum of $$$$$$$$ paid by the purchaser to vendor's solicitor, as stakeholders, upon the execution of this agreement (hereinafter referred to as "the Balance of Deposit"), the receipt of which the vendor's solicitor hereby acknowledges with instruction to release the same to the Vendor upon the Purchaser's solicitor receipt of the duly executed, adjudicated and stamped MOT1.

Q2the statement above refer to, i will be having my 8% upon MOT1(stamped and adjudicated) received by purchaser's solicitor, am i right?

Q3by right, this 8% shud be given to my upon S&P signing. Is my lawyer protecting me?

and

the remaining if the balance of 90% of the purchase price will be paid to the vendor solicitor, as stakeholders, within THREE MONTHS from the date the Purchaser's solicitor recipt of a copy of the Memorandum of Transfer duly executed by the trustee in favour of the Vendor (MOT1) adjudicated and stamped (hereinafter to as completion period). The actual date the balance purchase is paid to the vendor solicitor within the completion period is hereinafter referred to as "the completion date"

Q4Why is the three month start counting on the date of MOT1 adjudicated? Normally is count from the date S&P stamped. My lawyer wan to makan my fixed deposit?

this is killing me. pls advise

This post has been edited by Louiz: Nov 14 2012, 09:07 PM