Yes for any other subsidiary documents the fees are 10% of the scaled fees.

You should download the SRO as well to check.

Cheers.

Not sure where you got 2% from but the scale is on this page of the link itself:

http://www.elawyer.com.my/legal_calculator_info.php

So do check again.

Seller has to give you the title deed, but the consent to transfer may take a few months after you execute the SPA and the vendor has the duty to obtain consent to transfer. So I don't think you can withdraw from EPF to make the downpayment. Unless the vendor is the generous type who can give you extra time to pay the balance deposit when signing the SPA. Normally you'd have to pay 10% minimum when signing the SPA. So either the vendor grants you extension, or you need to find another way to come up with the deposit.

Bank statement - yes you can get it printed from m2u but if i'm not mistaken a lawyer needs to CTC it first.

Basically, you need the SPA to be executed first before you can make your application for withdrawal.

10% of the scaled fees for the principal document, i.e. loan/facility agreement/ property sale agreement itself.

Silly me

I thought you meant 2% for both. Well yes that calculation of yours is correct. If this is your first property purchase, you get 50% off stamp duty, so knock off another RM500.00 from stamp duty calculation.

Don't forget legal fees and stamp duty for loan documentation. Same scale for legal fees (based on loan sum). For stamp duty on facility agreement, it is 0.5% of loan sum AND you get another 50% off from that as it is your first purchase.

Silly me

Typo. Thanks.

If the lawyer runs away with the money, he'll surely run away with the balance purchase price, not just your 25k. As such, if anyone is going to sue him, it's going to be the vendor. So the vendor is suing for your 25k also then. If the worst case scenario happens, that is.

I asked if you have paid their legal fees. So, have you?

Please note that No.1 has been amended to state redemption statement, not redemption cheque. Cheers.

That would've been done earlier. Once consent has been obtained, only then do you start the necessary with the loan documentation. By this stage, surely consent would've been obtained by now.

I see. Ok at least you've been fair and paid them their dues. But you're looking at another RM2k plus at least if you want to switch lawyers at this last stage.



That is the problem when a purchaser appoints a lawyer recommended by the vendor. There would "indirectly" be a conflict of interest. Although on paper the lawyer is acting for you, indirectly he is assisting the vendor by delaying things. Extremely unprofessional of the lawyer.

Of course if the unit is vacant, the vendor does not profit. When you say "helping the vendor to save from the rental" - are you saying that the unit is tenanted and the vendor is collecting rental as the SPA drags on?

With regard to the strata title - the original ought to be with the vendor's bank as a security (assuming that there is a loan). Otherwise, it ought to be kept by the vendor directly. I'm not sure why the developer would be holding it. That is not common.

So, the due rental is from the husband who signed the agreement with you? If so, then you have to sue him, not sue her. Send a letter of demand via a lawyer to him. As the wife is paying rental as usual, I don't think you can sue her as yet. Do you have an agreement with her? If not, better get one done now.

I hope I understood the facts right. Correct me if I'm wrong.

You quoted my reply to another forummer's question on consent. Is your property leasehold which requires consent? In any event, it is the vendor's duty to obtain consent to transfer, and your loan lawyer's duty to obtain consent to charge.

At the end of the transaction, keys are given to you with vacant posession. So that friend would have to move out before keys are handed over to you.

Try to explain it to the agent and the purchaser. Any deposit paid? If got deposit paid, even if RM1, then it forms a binding contract and the purchaser can sue him to force him to sell it at the agreed price and terms.

Do both at the same time also can. Looks like you have to appoint a lawyer now to get the docs. If you're hunting for a house anyway, there's no reason why you shouldn't appoint one now itself. If you can land this unit, you'd still need a lawyer for the next one.

If for litigation, i.e. court proceedings, then it is subjective. Different law firms will charge you differently. So it is not based on the value of the property or the work hours required for the whole process.

If for conveyancing, i.e. transfer of property, then in Semenanjung, there is the SRO 2005 which regulates a fixed scaled based on the price of the property. If it is a transfer pursuant to a will, then it would be based on the market price. This is set by the Bar Council.

Am not sure as to the scaled fees in Sabah. Perhaps you can call the Sabah Law Association, whcih governs advocates and solicitors in Sabah.

With regard to your comment on how it doesn't make sense to you if they charge on the value of the house when the procedure is the same, let me explain to you the basis for it - the higher the price, the higher the risk it is for the lawyer doing the work. If things go wrong, then the lawyer would be sued for that higher amount. What if you act in person. You bear that same higher risk. When you appoint a lawyer, you pass the risk to the lawyer. As such, the higher the risk, the higher the remuneration must be.

That is the logic for it.

If not yet available then it would still be referred to as Master Title. If not yet transferred then the title itself is in the name of the developer. In both cases, it is justifiable for it to be kept by the developer. If title is out, the developer has to surrender the original to the Purchaser's bank. That would be in line with an undertaking which they would have given to the purchaser's bank before the loan sum was disbursed to them.

Seems like vendor does not even want to give a photostat copy to him.

This post has been edited by dariofoo: Feb 29 2012, 11:10 PM

Of course, but I doubt if the vendor would agree to it, as it is something which is out of the vendor's hands. The original documents would be in the possession of the vendor's financier. They would have to dig it out and hand it over. I have never seen such a term in any SPA so far. Nothing can stop the parties from putting in any term as they wish, provided both agree to such terms AND such terms are not contrary to law.

So he pays you rent, although you have not paid the full purchase price to him?

I'll explain again. Now you have allowed the wife to do business on the land in exchange for monthly rental. She has yet to default on the rental right? Is there an agreement between the both of you?

If yes, then you are bound by it. Look and see if there are terms pertaining to termination. Perhaps can be terminated with notice. Perhaps not. Check and see.

If not, then it is merely a monthly tenancy and you can terminate it by giving her one month's notice in writing. After one month, if she refuses, then you need to appoint a lawyer to get a court order to evict them from the premises.