1) Yes, there is a separate legal fee payable for the loan documentation. Follows the same scale.
2) Lawyer's fees = legal fees. Don't forget to add disbursements (expenses)
3) Yes.
4) If the property is RM350k and below, there is a 50% discount on the stamp duty upon the MOT and principal loan doc. See here:
http://forum.lowyat.net/index.php?showtopic=1748580&hl=

This post has been edited by dariofoo: Nov 27 2012, 12:59 PM

Thank you for your reply. If the quotation i get is RM15K for all the total, is this pricing OK? Thanks again in advance.

Dear Dario,

want to see your professional advice. One of my neighbour claim that my house`s concrete fence has cross its border of half a feet. The concrete fence was constructed by developer and not by me.

I called up the developer and he say, I have sold the house, this is not my business. From my point if view, if the house leak,crack, yes, it is not your business. But the house has crossed border, and they didnt do the surveying correctly. How can he just wash his hand clean like that?

What say you?

Thank you

Check your invoice with the many samples in v1 of this thread. Link is at the first page.

Much ado about half a feet?

Nothing much you can do but to hope that the neighbour sues the developer and leave you out of it.

However, that would not be the proper way to go about it.

The proper way would be to sue you for encroachment/trespass to land, and you would then have to bring in the developer as a third party, whereby you seek indemnity and reimbursement of whatever sums you pay as compensation to your neighbour, since you are alleging that it was the developer who constructed the fence, and not you. If the developer wants, he can bring in the surveyor as a fourth party, and claim indemnity from the surveyor. But that is not your problem.

To protect yourself now itself, you can write a letter to the developer stating that you have been verbally informed by your neighbour of such and such (state the facts), and ask for an explanation from the developer in writing. Get it acknowledged by sending it by hand. Then keep it for your record purposes to show that you acted in good faith from the get go. It would also strengthen your claim vs the developer and paint them in bad light, if they do not respond or give a irresponsible reply like they did.

This post has been edited by dariofoo: Nov 27 2012, 03:36 PM

dario boss

this is the scenario..

tenancy agreement for a shoplot is ongoing..landlord decides to sell the property...
can he do so without any problem?

what about the continuation of tenancy if the buyer requests for VP?


the tenancy agreement is silent on this matter..



thanks

How can the agreement be silent upon the occurrence of such an important event?

It has to be sold with the existing tenancy to continue until the end of its term. The landlord cannot terminate the tenancy upon a sale. He has to honour it til the end of the term, unless the tenant voluntarily agrees to terminate it and move out.

thanks boss..

what can i say - lawyers also come in all shapes and sizes if you know what i mean..

Dear Dario,

I need your advise regarding my apartment Strata Title. My management & bank officer told me since i wanna sell out my apartment they advise me no need executed strata title from Land Office. Then now i already told management office inform lawyer cancel processing. Bank officer told me IF i have executed strata title next time new buyer also need to do. So better i don't executed it let new buyer do it.

My question is IF i didn't executed strata title is it will make new buyer more troublesome to get loan & processing procedure?

Thanks

If developer willing to do direct transfer to purchaser then it is ok, you can skip the process.

However, if I'm not mistaken, the developer would give a one year period for you to finalise the MOT to transfer the strata title to your name (in a normal scenario). After that, a penalty is payable. You can check the notice which the developer gave to you when informing that the strata title is out.

So, if you plan to sell soon, then you can check if they are willing to do a direct transfer within the 1 year period.

It will not affect the purchaser's loan application. As long as the developer consents to do a direct transfer, there should not be a problem.

Ok. Thanks your expensive information given. I will ask developer then anything will get back to you.

Thanks Dario.

---

Added on November 28, 2012, 11:49 amDear Dario,

I just ask my developer. She say can transfer strata title to new buyer just charge me RM500 admin fee.

This post has been edited by petlu28: Nov 28 2012, 11:49 AM

Dear Dario,

We (my wife and I) plan to get a new condo value at abt rm662k in Shah Alam, freehold. However my wife is a foreigner. We want to have a joint name S&P, however, the sales guy from the developer told us can't. I hv asked my lawyer, she said can if :
1) Prop abv rm500k
2) not landed and no title, no need to get approval from FIC and Land Office
3) Need developer consent letter
4) As wife from China, need to get approval from Bt Aman ( is this true?)

Whose adv is correct? i am lost. And will there be additional charges for a joint name legal fee or misc. charges?

Appreciate your adv.

Tks bro.

hi dario
like to ask your advice on this , thanks for your time

i was at my lawyer to sign the loan agreement for a office unit,
the clerk informed me that the seller not settled the oustanding
arrears with developer - amount of 9k+
and seller ask me to pay half to get the deal thru
but this is seller responsibility ?
according to s/p onus is on seller to get letter of consent from developer

is the seller too greedy in this case , like extortion

best regards
henry

Thank you so much dario:)

1 more question, is that all loan agreement fees are standard calculation? can i know how to calculate it?

Bro,

How we know if the seller's lawyer had applied the consent from land office? Do they have to provide a copy of such letter to the buyer's lawyer as proof?

Thanks

what are the 'different set fees" in the case the MOT is ready later? (for condo still under construction up to 30%).

so there won't be any other legal fee for MOT in this case rite? like u mentioned legal fees are for loan n SPA only am i right?

Lawyer is right for no.1 and 2. No.3 I'm not sure. No.4 - never of it before.

Normally it would have to be paid by the vendor. This should be reflected in your SPA. What does your SPA say?