Standard. Calculator at first page. Scale is same as for SPA.

Depends on what is stated in the SPA - whether the seller's lawyer has to show proof of submission of application to the purc's lawyer. If none, then it is more of a matter of courtesy.

Purc's lawyer can write in and request for a copy of the cover letter and application for consent.

1. Legal fees for MOT is not more than 25% of scaled fees if you use the same SPA lawyer, and not more than 50% of scaled fees if you appoint another lawyer to do it.

2. If MOT together with SPA, then there is no separate fee for the MOT.

Thanks for the clarification!

1) So it's advisable to stick to the same SPA lawyer even I dislike the lawyer service am i rite?

2) "not more than 25% of scaled fees" - meaning this fee is negotiable but not more than 25% ?

3) MOT together with SPA is the scenario of a sub-sale with strata title already issued, am i rite?

4) what are the disbursement items if i use back the same SPA lawyer for MOT?

This post has been edited by mimi1986: Nov 29 2012, 03:13 PM

1. You decide yourself whether you want cheap fees or good service. They rarely go hand-in-hand.

2. Yes, but the minimum is RM200. See the SRO which you can download at page 1/

3. Yes.

4. Transport, photocopying, paper, courier, etc. Title search. Nothing much, really. I doubt if it will cost more than RM200-300 for disb.

This post has been edited by dariofoo: Nov 29 2012, 03:23 PM

Hi Dario, my foreign tenant is terminating the lease contract earlier (18 months into the 24 months contract) due to diplomatic reasons (company sending him back to home country). As I have applied for Unifi under my name as requested by him before the move, and now I have to get hit with a penalty for the early exit from the unifi contract, who should be liable to pay the penalty? the landlord or the tenant?

What is stated in your tenancy agreementt? Did you do a supplementary agreement when you applied for Unifi? What was agreed between the parties. If nothing was agreed my opinion would be that you provided the Unifi service as a courtesy without any further terms attached. So, you bear the penalty and not him.

Hi Dariofoo,

I have some issues on my MOT (Strata Title). The developer claims that my condo square feet is actually more that what it stated in SPA. I bought my house direct from the developer. Now the developer actually asking for additional money on the additional square feet.

Can I know the developer have the right to demand money for this additional square feet?

No such thing. It should follow the terms of the SPA where all the terms, price and size have been agreed upon. How can they demand for more now? They are amending the purchase price. Have they shown any proof to you about this? Or did they sold you a bigger unit by mistake, ie signed wrong SPA?

Thanks for your reply. They are actually demand for more money now.

I didn't signed wrong SPA and they didn't proof to me on the extra square feet. They are now request me to make payment, else they will not sign the MOT.

I ask around my friends, this is the first time they heard about this! and I don't feel like being an idiot...


Attached thumbnail(s)

Why did you not put in the attachments earlier?

A reading of that seems quite clear that you have to pay. Request for a copy of the title and plan to ensure that the measurement stated is correct. If it is in order and the calculation correct, then you have to pay as it is stated in the SPA.

Do it fast to prevent further delay in the MOT.

hi dario ,
thanks for replying
spa states clearly vendor to pay all his
arrears , outstandings.
this seller have been tricky from the start ,
will inform my lawyer to go according to spa.

regards
henry

Sorry for not attached the attachments earlier.

Is it normal that in SPA the clause stated that way? or that is an additonal clause in my SPA?

Can I argue on the said issues? as our all 4 blocks of condo having the same issue....

With regard to your SPA, it should follow the Schedule H template in the HD Act.

The relevant section is as follows.

Position and area of Parcel
13. (1) No error or misstatement as to the description of the area of the said
Parcel shall annul the sale of the said Parcel or entitle the Purchaser to be discharged
from the purchase.
(2) Any error or misstatement as to the description of the area of the said
Parcel shall give the Purchaser an entitlement to an adjustment of the purchase price
in accordanc e with the provisions of this clause.
(3) If the area of the said Parcel as shown in the strata title when issued is
less than the area shown in the Building Plan, there shall be an adjustment of the
purchase price for the difference (if any) in excess of three (3) per centum of the area as
shown in the Building Plan calculated at the rate of Ringgit Malaysia
…………………………………… (RM………………..) only per square metre shall
be adjusted accordingly.
(4) The Vendor shall not be entitled to any adjustment of the purchase
price if the area of the said Parcel as shown in the strata title exceeds the area shown
in the Building Plan.
(5) Any payment resulting from the adjustment and required to be paid by
the Vendor shall be so paid within fourteen (14) days of the issue of the strata title.

If you look at subclause 4, it does say that the Vendor is not entitled to request from the Purchaser the excess, if the area in the strata title exceeds the area shown in the plan.

So, your argument would be that the provision in your SPA is in contravention of the template in Schedule H, and it thus void.

The developer's argument would be that you had signed the SPA with that clause in it, so you would be bound by it.

I think, bearing in mind the provisions of Schedule H - the law would be in favour of the Purchaser.

If you can rally all the purchasers together, perhaps via the JMB, then a collective voice against the developer would have a better effect.

Sorry for the conflicting advise with my previous post. I should've checked the Schedule H template before advising you further.

This post has been edited by dariofoo: Nov 30 2012, 04:04 PM

dario boss

-rented a shop to a company for 2 +2 tenancy
-just received email that they hv vacated shop as business closed down (they did give kind of a prior notice via email that they may close in nov or dec but
no confirmation of date till recent email about them moving out)..

- clause in tenancy agreement that they are obliged to pay for remaining tenancy period should they terminate early.


-they have asked me to contact their contractor to collect the keys back but no mention of rent payment for remaining period (which I doubt they will pay).

as provided under the agreement i will be able to forfeit their 2 month deposit and utility deposit..

what are my options and your advice please?

i would like to write to them officially and what should i state in the letter that will give me an option to go after them later should the place is left in a mess and
or the airconds as provided by me are missing or they left behind unpaid utility bills and also the early termination compensation? i have not seen the shop yet and will do so once i get back to KLnext week.

thank you

I can only provide general advice and if you want to ask about how to draft letters I would suggest that you appoint a lawyer to do it on your behalf since your intention to enforce the tenancy against them anyway.

Then you play 'good cop bad cop' la. Tell them that your lawyer advise you to sue them but you personally want to settle and reach a compromise.

thanks for the advice..

how much you reckon i need to spend on legal fee to draft the letter? just a rough indication so that i know what i am up against..

Cheapest might be RM100 while highest up the scale would be above RM1000.00 if big firm.

Hi dariofoo,

I am asking on behalf of a friend.

He bought a condo for his son as investment (condo under son's name). He is now afraid that his son might sell the condo and spent all the money. He is thinking if there is a way to stop this from happening such as making a power of Attorney? Will this prevent his son from having the power to sell? Or if cannot, any other way?

Appreciate your advise. Thanks.

With or without title? Encumbered or not?