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 Lawyer's Corner v2, One-stop centre for any legal queries

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chinkw1
post Nov 15 2012, 03:24 PM

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Are bank loan legal fees for Islamic loan higher than Conventional loan?
seeker1
post Nov 16 2012, 12:12 AM

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Hi Dario,

I'm a first time home buyer. I have already signed the SPA, Loan Agreement, etc.

I discovered this week from my loan lawyer that my loan process is stuck as the bank (Public Bank) has to delay the remaining 90% balance release. The reason given was that the landowner has given the Power of Attorney to the developer. I'm not quite familiar with the terms here. However, I understand that this is an unusual process and they will have to check this matter with the High Court.

My worry is that this will result in a delay in the payment release to the seller and violate the SPA. This is a freehold condo unit. The terms were 90 days + 30 days (with 8% p.a. interest). Worse still, if the process drags on longer, I'm worried that the sale may be revoked altogether. I am confused - since I have done nothing wrong, will I be liable to pay all these fees and charges?

As far as I know all the required documents have been submitted in late September. I discovered that the loan lawyer had actually received the documents and that my case lawyer had found out about the Power of Attorney situation back in mid-October. However as my case lawyer has resigned, I believe that due to an inefficient handover process to her colleague, the situation was not followed up appropriately. In fact, I was told that it was only picked up in mid-November.

My question is how long does it normally take for the proceedings to be processed? If there are any delays resulting in my incurring of financial losses, who should be liable for it? It appears to me that the loan lawyer's mishandling of time-sensitive documents has directly caused my current predicament. What is your advise on the next cause of action?

Thanks,
Seeker1
JLoh27
post Nov 16 2012, 01:01 AM

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If my family transfer a property to my name, do i still need to pay stamp duty & legal fees?
shanelai
post Nov 16 2012, 09:27 AM

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When i'm a chinese buy a bumi quota leasehold apartment unit, do i need to get approval from menteri besar?
Or under what circumstance i need the approval of menteri besar?
Where can i check from any document that if i require the Menteri Besar approval?

TSdariofoo
post Nov 16 2012, 10:50 AM

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QUOTE(BM81 @ Nov 13 2012, 12:27 AM)
Hi Dariofoo,
he pays the other half, i pay the other half smile.gif
thank you very much for your advise. smile.gif
*
Then you need to nego with him to find an amicable solution to it. There's no other way.
TSdariofoo
post Nov 16 2012, 10:54 AM

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QUOTE(nookie188 @ Nov 13 2012, 04:01 PM)
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?

*
1. No. Some banks might insist on a caveat though. You would still be paying for it.
2. PA - Power of Attorney.
3. To get a copy of the details of the master title.
4. winding up search - to see if any party has institution winding up proceedings against the developer. Winding up is the equivalent to bankruptcy for individuals.
5. To check whether you are a bankrupt.

All the above are necessary.

QUOTE(nookie188 @ Nov 13 2012, 04:01 PM)
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?
*
Read the Deed of MC. It will state a clause which provides the prevailing agreement in the event of a conflict.
Vcys86
post Nov 16 2012, 10:59 AM

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-edited-

This post has been edited by Vcys86: Nov 16 2012, 11:00 AM
mayz2010
post Nov 16 2012, 11:02 AM

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Hi Dariofoo,

I have a problem and need your professional opinion on this.

I am foreigner, staying in Malaysia. Currently, my mom (Malaysian) plans to buy a freehold condo in Selangor for investment on behalf of me. However, her main concern is, will she be able to transfer the condo to me in future? I heard that in order for foreigner to own a property in Selangor, the property needs to be 500k and above.

If she is able to transfer, then what is the procedure like?
TSdariofoo
post Nov 16 2012, 11:06 AM

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QUOTE(victorwan @ Nov 14 2012, 12:25 AM)
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.
*
I think the letter which you executed was an authorisation to sell. Something like an exclusive right to the agent to sell on your behalf. Is it something like that? I haven't taken a look at it so I can't confirm. If you can scan and reproduce it here it would be helpful.

Basically if you haven't signed any letter of offer to purchase with a specific purchaser then you are not bound by anything.

If you want to make it proper, you can inform the first agent to revoke the documents which you signed with him. Perhaps put in your letter in writing or by email.
TSdariofoo
post Nov 16 2012, 11:15 AM

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QUOTE(Louiz @ Nov 14 2012, 09:07 PM)
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
*
1. The clause in the SPA is the correct procedure.

2. Yes. The 8% can only be released to you once MOT1 has been received by the purc's solicitors.

3. Usually it should be given to you upon signing of the SPA. It is a matter of negotiation of the terms by both parties. Your lawyer could've insisted for it to be released to you upon signing of the SPA with the usual undertaking to refund in the event MOT1 cannot be adjudicated or stamped for any reason whatsoever. Purc's lawyer would definitely have insisted on the way it is stated now, as it protects the purc who can easily get his refund in the event the SPA is aborted.

Your lawyer ought to put it in a FD one a month to month basis. You can insist on that if they omit to do so. All proceeds go to you, by the way.

4. That is quite usual. The provisions in relation to MOT1 is a condition precedent which must be settled in order for the ball to start rolling. It is only fair that time starts to run from then.

TSdariofoo
post Nov 16 2012, 11:18 AM

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QUOTE(chinkw1 @ Nov 15 2012, 03:24 PM)
Are bank loan legal fees for Islamic loan higher than Conventional loan?
*
Yes it is, as there are several subsidiary documentation whereby the legal fees would be 10% of the scaled fees per document.

However, you do get 20% off the stamp duty upon the loan documentation.
TSdariofoo
post Nov 16 2012, 11:22 AM

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QUOTE(seeker1 @ Nov 16 2012, 12:12 AM)
Hi Dario,

I'm a first time home buyer. I have already signed the SPA, Loan Agreement, etc.

I discovered this week from my loan lawyer that my loan process is stuck as the bank (Public Bank) has to delay the remaining 90% balance release. The reason given was that the landowner has given the Power of Attorney to the developer. I'm not quite familiar with the terms here. However, I understand that this is an unusual process and they will have to check this matter with the High Court.

My worry is that this will result in a delay in the payment release to the seller and violate the SPA. This is a freehold condo unit. The terms were 90 days + 30 days (with 8% p.a. interest). Worse still, if the process drags on longer, I'm worried that the sale may be revoked altogether. I am confused - since I have done nothing wrong, will I be liable to pay all these fees and charges?

As far as I know all the required documents have been submitted in late September. I discovered that the loan lawyer had actually received the documents and that my case lawyer had found out about the Power of Attorney situation back in mid-October. However as my case lawyer has resigned, I believe that due to an inefficient handover process to her colleague, the situation was not followed up appropriately. In fact, I was told that it was only picked up in mid-November.

My question is how long does it normally take for the proceedings to be processed? If there are any delays resulting in my incurring of financial losses, who should be liable for it? It appears to me that the loan lawyer's mishandling of time-sensitive documents has directly caused my current predicament. What is your advise on the next cause of action?

Thanks,
Seeker1
*
Your SPA lawyer should have found out about this from the get go. What does he have to say about it? As for your loan lawyer, resignation of lawyer cannot be used as an excuse to justify the delay. When the completion date and extended completion date?

I cannot advise you on how long it would take to process as I do not have the physical file before me to look at the nature and stage of proceedings.

My advice would be that you start gathering evidence of correspondence to prepare a letter demanding that the law firm who is contributing to the delay (or the bank, if the case) to pay the late penalty interest or indemnify you for it, as this is clearly not your fault.

If there is any correspondence to make, do it by letter or email. Demand answers and replies in writing and not by way of phone calls/SMSes. Build your case.

This post has been edited by dariofoo: Nov 16 2012, 11:23 AM
TSdariofoo
post Nov 16 2012, 11:24 AM

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QUOTE(JLoh27 @ Nov 16 2012, 01:01 AM)
If my family transfer a property to my name, do i still need to pay stamp duty & legal fees?
*
Which family member are you referring to? What is the relationship?
TSdariofoo
post Nov 16 2012, 11:34 AM

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QUOTE(shanelai @ Nov 16 2012, 09:27 AM)
1. When i'm a chinese buy a bumi quota leasehold apartment unit, do i need to get approval from menteri besar?
2. Or under what circumstance i need the approval of menteri besar?
3. Where can i check from any document that if i require the Menteri Besar approval?
*
1. If bumi lot then you would need consent to transfer.
2. If the property is designated as a bumi unit.
3. Check with the developer as they would have the proper records.
richiekueh
post Nov 16 2012, 12:09 PM

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Hi Dario,

can i know how long lawyer will instruct bank once i sign the security document from lawyer? Due to facing long holiday on this week the lawyer site was closed so they will only prepare the document on next week. i had receive letter from bank the due date is end of this month,so do i have to write a letter for my bank to postpone due to lawyer have delay it? i just worry lawyer site will instruct the bank late.
mimi1986
post Nov 16 2012, 12:23 PM

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Hi Dario,

I've bought a new condo under construction at the moment. Up to this point I've signed the SnP and loan agreement. Can I appoint another lawyer to handle my MOT in the future when the individual title is ready?
TSdariofoo
post Nov 16 2012, 12:29 PM

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QUOTE(richiekueh @ Nov 16 2012, 12:09 PM)
Hi Dario,

can i know how long lawyer will instruct bank once i sign the security document from lawyer? Due to facing long holiday on this week the lawyer site was closed so they will only prepare the document on next week. i had receive letter from bank the due date is end of this month,so do i have to write a letter for my bank to postpone due to lawyer have delay it? i just worry lawyer site will instruct the bank late.
*
What letter from bank are you referring to?
TSdariofoo
post Nov 16 2012, 12:30 PM

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QUOTE(mimi1986 @ Nov 16 2012, 12:23 PM)
Hi Dario,

I've bought a new condo under construction at the moment. Up to this point I've signed the SnP and loan agreement. Can I appoint another lawyer to handle my MOT in the future when the individual title is ready?
*
Yes you can.
petlu28
post Nov 16 2012, 01:49 PM

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Dear Dario,

I will selling my house soon. May i know if i use back buyer lawyer what good & bad to me????

This post has been edited by petlu28: Nov 16 2012, 01:50 PM
TSdariofoo
post Nov 16 2012, 04:30 PM

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QUOTE(petlu28 @ Nov 16 2012, 01:49 PM)
Dear Dario,

I will selling my house soon. May i know if i use back buyer lawyer what good & bad to me????
*
This question has been asked many times before. You can read the earlier posts in this thread and also in v1 of this thread to get an answer on the pros and cons of tumpang the purchaser's lawyer vs appointing one of your own.

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