Hi Dariofoo,

I bought a property on year 2009. Bad vendor refuse to sell / disappear after received 10%, refuse to receive any letter that send by my lawyer by hand.
Due to both of us appointed same lawyer because that time i thought same lawyer wil more easier and faster. But my lawyer said very hard to sue the seller because seller don't answer call and don't want acknowledge receive letter, my lawyer ask me look for another lawyer if i wan to put tis to court, he can't help. Sigh~

I tried to look many other lawyers, but none of them want to accept my case, because it was messed up by previous lawyer, they need study the matter, and i wil blame them if they failed to fight for me.
So the case pending about a year.. even i also went to MCA about this, MCA said just think positive money can earn back as long i healthy should thanks god ady.

After a year...
I managed found a good lawyer, after he viewed my case he very confidence he accepted the case and fight for me. We summon the seller ask him attend court...end up seller turned up and agreed ti sell. The property price increased ady but ofcuz we stil follow the S&P price which is signed on one year ago.
So everything start over again, inform bank lawyer that this case reopen and continue. My lawyer on hand got other many cases and his staff resigned..so my case pending and delayed but he did request seller to extend the complete time. Seller lawyer extended once to me ady, so is excited 3+1 mths ady.
On mth 4 nearly mth 5, bank panel lawyer oni infromed me tat she found my loan oni valid for one year frm te day i purchase the property (one year ago) now no longer valid, need to reapply/resubmit again!! But this time seller rejected to sell, he said follow S&P i can't complete the transaction on time n he gt right to forfeit my 10%..:'( sob sob.

One month later...
my lawyer start chase me lawyer fees 10k, he said he done his job ady, juz the bank panel lawyer found my loan expired too late…

Hope u can advise me n sorry on my poor english n grammer.

Well, the problem seems to lie between the bank and/or the bank lawyer, from what little you have told me here.

What you need to do is to prepare a proper chronology of events from the commencement of your SPA (recent one) until the date of termination by the vendor.

Few things which you would need to seek clarification from the bank/bank's lawyer or from the documents in your possession:

1. Where is it stated that the letter of offer is valid for only one year?
2. Did you sign the loan documentation (facility agreement, charge, etc) ? Did the bank's attorney sign it too?
3. When was the bank lawyer appointed to prepare the documents (letter of instruction)?
4. Did you receive a letter in writing informing you that the approval for your loan has lapsed after one year and that you need to resubmit? Did they indicate it to you earlier at any time?

Any delay from your SPA lawyer's side? You need to gather evidence from their side as well to ensure that they did not slip up at any time and did not contribute to the delay.

Once you confirm which party is at fault - only then can you file a formal complaint against the law firm (via a complaint to the A&S DB) OR the bank (via their internal complaint mechanism and to BNM).

If you can show that the bank acted in such a way to lead you to believe that they would release the loan, then you can claim that they have misrepresented and breached their contract against you (via the letter of offer) - and that you can seek compensation from them.

If SPA is aborted, the lawyer normally charges only 50% of the scaled fees as the entire work has not been done. You would still need to pay your SPA lawyer but perhaps you can ask for a 50% waiver as mentioned.

1.you pay full stamp duty now for the deed of assignment. When the title is out, you only pay nominal sum of RM10 upon the MOT. There is no double stamp duty.

2.vendor bears the cost.

Many thanks Dario.

One more question - I was told for the state consent in KL, there are 2 types - consent to transfer (fees paid by vendor) and consent to charge (fees paid by buyer). Is this correct?

Why are you refusing to execute the letter of  undertaking and MOT (which I assume is that you meant by 'land title transfer')?

Are you even aware of the contents of the SPA which would stipulate the docs which you have to execute? Any delay from your side will extend the completion date for the purchaser.

Don't simply refuse to sign documents. Find out what it is first.

If you're so unsure of the procedure and don't trust the purc's lawyer, why didn't you get your own lawyer?

Hi Dariofoo,

I bought a property on year 2009. Bad vendor refuse to sell / disappear after received 10%, refuse to receive any letter that send by my lawyer by hand.
Due to both of us appointed same lawyer because that time i thought same lawyer wil more easier and faster. But my lawyer said very hard to sue the seller because seller don't answer call and don't want acknowledge receive letter, my lawyer ask me look for another lawyer if i wan to put tis to court, he can't help. Sigh~

I tried to look many other lawyers, but none of them want to accept my case, because it was messed up by previous lawyer, they need study the matter, and i wil blame them if they failed to fight for me.
So the case pending about a year.. even i also went to MCA about this, MCA said just think positive money can earn back as long i healthy should thanks god ady.

After a year...
I managed found a good lawyer, after he viewed my case he very confidence he accepted the case and fight for me. We summon the seller ask him attend court...end up seller turned up and agreed ti sell. The property price increased ady but ofcuz we stil follow the S&P price which is signed on one year ago.
So everything start over again, inform bank lawyer that this case reopen and continue. My lawyer on hand got other many cases and his staff resigned..so my case pending and delayed but he did request seller to extend the complete time. Seller lawyer extended once to me ady, so is excited 3+1 mths ady.
On mth 4 nearly mth 5, bank panel lawyer oni infromed me tat she found my loan oni valid for one year frm te day i purchase the property (one year ago) now no longer valid, need to reapply/resubmit again!! But this time seller rejected to sell, he said follow S&P i can't complete the transaction on time n he gt right to forfeit my 10%..:'( sob sob.

One month later...
my lawyer start chase me lawyer fees 10k, he said he done his job ady, juz the bank panel lawyer found my loan expired too late…

Hope u can advise me n sorry on my poor english n grammer.




after reading this unfortunate experience - i feel afraid , my purchase of a property going on now and
the vendor also playing the fool
but if we use lawyers and do things in proper order - should be quite safe ?
or purchasers are always at a risk when buying subsale property ?

Good day Dario,
Thank you for the reply. I was being careful , and didn't know it was standard to sign the other documents also on that same day.

Regards

G' afternoon Dario Foo,

Something off-properties a bit.

Background Info
I'm a divorcee with a child (joint custody) that my ex spouse is having "daily operational care" for. They are now in Singapore. Ex spouse says she wants to take the option of converting to be a Singaporean after 2 years of PR and wants my consent for my daughter to relinquish her Malaysian citizenship & be Singaporean.

Assuming i agree and my daughter is a Singaporean:
a. What are the legal impact to my Will, with my daughter as a beneficiary, even if i state her SG identity card?
Especially properties (foreigners aren't allowed to blah blah below RMXXXK, etc.?), stocks, bonds, mutual funds, gold, etc.

b. What are the legal impact to the contract of divorce?
eg. do i lose all my legal rights to ensure my daugther's growth is ok or have a say in it? ie - joint-custody in divorce contract hangus?

c. Any further experiences/thoughts to "watch out" for when relinquishing citizenship?

Thank U in advance sir. 

---

Added on December 8, 2012, 1:42 pmafter reading this unfortunate experience - i feel afraid , my purchase of a property going on now and
the vendor also playing the fool
but if we use lawyers and do things in proper order - should be quite safe ?
or purchasers are always at a risk when buying subsale property ?

Where can i look for whether the real estate agent who asked me to sign an exclusive authorization to sell letter is a genuine agent or not?

Here:

http://www.lppeh.gov.my/searchregistrant.p...l&search=Search

OK I found out that he is only a negotiator and not registered real estate.
Does he has the right to ask me to sign the exclusive authorisation to sell and demand me to pay the company the professional fee of 2% if I am to sell the property to another buyer using another agent within the exclusive period?

Dear Sir Dariofoo
I have 2 properties that I wanted to sell:

a) A condo which I bought in 2005, refinance it on 2009. Would the RPGT tax applicable on my case?

b) Another house which I bought in 2009. Would the RPGT tax applicable on my case?

Hope you can advice on scenarios below:
- Should I sell (b) first, and exercise my 1 house RPGT tax exemption, then only sell (a)
or
Can I sell (a) and then sell (b) but exercise my 1 house RPGT tax exemption on (b). This is because (b) is my second house and I will be taxed if I sell my second house.

Hope you can advise.

Thanks.

Hi Dario,

I was told effective Jan 2012, a sub sale leasehold condo with master title no longer require state consent.
State consent is only required if the condo has a strata title. Is this true?

Thanks.