What does your SPA lawyer have to say about this? Have you spoken to the developer about it? What is their response? Sorry to reply your question with more questions but I would need more info before advising you further.

This post has been edited by dariofoo: Dec 11 2012, 12:03 PM

A transfer is always by way of sale & purchase agreement (SPA), if there is money (or some other form of consideration) changing hands.

An SPA is not proof of ownership. It must be supplemented by an MOT (if property is with title) or deed of assignment (if without).

Exception: If there is no consideration, then it can be via a deed of gift or just a transfer via MOT with love and affection as the consideration. There is no need to draft a SPA for such cases.


Assignment in the Malaysian context refers to a deed of assignment (DOA), which only comes into the picture when the property in question does not have an individual title, eg a condo under a master title and the developer has not applied for strata (indiv) title yet. So, when the first purchaser (A) wants to sell it to another party (B), there would be a SPA plus DOA to evidence an assignment of rights from A to B, and so on and so forth. The trail of DOAs must be kept as evidence of continuity of assignment.

Once the strata title is out, then the assignment is no longer relevant, as in Malaysia, registration is everything.

Thank You Sir

I paid the deposit for the house about 3months ago. And subsequently gotten a home loan for it. The house is already under construction, so it was a little funny when I needn't start to pay installment. So, I checked with the bank and received a rude shock about the house's messed up title. It's apparently bumi! ( And i am nonbumi,thus bank has not started paying). Developer apologized and claimed it will be sorted up soon. Lawyer explained the developer sold the house before the titles are sorted out. And I am wondering big time why I was kept in the dark. And if I need a law degree to buy property in this part of the world. Sigh....

Dear Dariofoo,
Need your advice, pls.
1. I noticed my appointed lawyer firm for loan agreement mentioned in a letter sent to developer that they are acted for lender (my end financier).
2. I was copied in the letter with a note that prior to release loan, I have to settle progressive payment (under construction property) due as the lawyer and the lender will not responsible for late payment interest.
3. legal fee for loan agreement is borne by me and it is part of loan sum.

Based on the above, I feel that the lawyer doesn't act on my behalf. What do you think?

It took 2.5 month (from the date of SPA) for the lawyer to get loan Security document perfected and legally binded. Is this length of time considered late or normal?

Thanks

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Added on December 12, 2012, 12:34 amDear Dariofoo,

the legal fee for loan agreement is part of loan sum.

the actual legal fee to be paid is lower than the amount quoted by end financier.

actual legal fee: $8,400 (advised by lawyer )
legal fee included in loan sum: $9,000 (quoted by end financier)
Differential: $600

How can I ask for refund from end financier for the differential amount?

Thanks

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Added on December 12, 2012, 12:34 amDear Dariofoo,

the legal fee for loan agreement is part of loan sum.

the actual legal fee to be paid is lower than the amount quoted by end financier.

actual legal fee: $8,400 (advised by lawyer )
legal fee included in loan sum: $9,000 (quoted by end financier)
Differential: $600

How can I ask for refund from end financier for the differential amount?

Thanks







This post has been edited by spk: Dec 12 2012, 12:34 AM

Hi Dario, this is in KL. Thanks!

I rent a house to a Korean tenant , they move in in August 2012. After move in, the water pipe was leaking, within a week , the developer had fixed it. Today, the tenant show me a water bill, the meter reading as at 20jul was 27m3, and as at 22No was 486m3. So after work out the Nov water bill charges is RM698.

The tenant suppose to pay RM4k for December rental, but he only pay RM3300 for rental, cos he deduct RM 700 for water bill. He claimed, the water bill high is due to the previous pipe leaking.

May I know, what can I do, and my rights at this kind of issue.

Hi Dariofoo,

1. If for selling a subsale property thru an agent, after them taking their fees and in the unforeseen circumstances that somehow the property can't be transfer
for some reason but not due to the vendors fault, what's going to happen to the fee paid to the agent? Since I have to refund all deposit but part of that went to paying the agent
(after signing SPA)

2. Does Selangor state law still requires consent to be given before the subsale of a leasehold landed property that has already been issued individual title?

3. Any complications selling to a couple but one is local the other a foreigner? What consent must be given for this and usually how long does this takes?

Thanks in advance for your valuable advise

This post has been edited by idoblu: Dec 12 2012, 08:24 PM

anyone here can tell me what is "grant of probate"?
my dad has passed away for nearly 2 years already
and 1 lawyer is responsible for transferring all the property to each of us
and thn last week, came a letter from LHDN for my dad's tax refund
and since my dad have passed away, i asked LHDN what is needed for me to claim it(as wife or son)
LHDN replied need death certificate and a thing call "grant of probate" or "surat wakil kuasa"...
my mom proceed to ask the lawyer for it, and the lawyer somehow say that was "left out/tertinggal" back thn and if we wanted to obtain that grant of probate, thn the whole process have to start over
i was like, how can it be "left out"
anyone here can advice?

This post has been edited by MR_alien: Dec 12 2012, 08:14 PM

All queries will be answered tmr. Cheers

Hi,

I have one question,
is the price calculation/lawyer fees/tax for transferring a property to another name via a will is the same as buying a property?

Thanks

The lawyer acts for the bank even though you bear the legal fees. Weird, but that is the way the process is in the system.

Was there any penalty by the developer? If no penalty, then all is ok.

Speak to your loan lawyer and also the mortgage consultant about it to arrange for the excess to be paid to you.

What is stated in your tenancy agreement? Is there a clause to deal with such matters.

What was the reading when the pipe was fixed? Would that not be the most accurate reading in order for you to determine the cut off mark? Worst case scenario - calculate the monthly average and deduct accordingly. At the very least, they must pay for actual usage. They can't refuse to pay for water at all!

1. What is stated in the booking form between the parties? It should contain a clause in relation to the agent's fees.

2. Yes, if it is stated so in the title.

3. Consent from FIC. How long? Depends on the efficiency of the parties - usually 1-3 months.

Grant of Probate is a document which empowers the executor to deal with the estate of a person who died leaving a will.

Dealing with the estate would mean dealing with the properties, monies, belongings and also to cover debts, liabilities as provided for in the will.

I do not understand how in your case, the lawyer purportedly transferred all the properties without the Grant of Probate being first obtained from the Court? That should've been the first thing done.

Kindly download and read the SRO at the first page of this thread.

yeah...same as what i think as well, no grant of probate, how to transfer but still me and my family dn't know much abt laws as well
so maybe he kinda lied and say he left out that and if we wanted that, we will have to start from the beginning
but nvm, just now after some calls to LHDN, the ppl there recommend "letters of administration" since no need lawyer
she said proceed to high court to ask the procedure 1st
can u tell me what document needed and whats the procedure to get this "letter of administration"?

1. the booking form only says if either parties cancel before SPA, but what happens if SPA already signed but somehow down the line,
the property cant be transfer?

Boss, was there a will or not?

If got will - Grant of Probate. No will - letters of admin (LA).

Both require going to Court to obtain an order. Both require a lawyer to be appointed to prepare it.

LA is more complicated than probate as all the beneficiaries need to repudiate their claim to be the administrator (same function as an executor explained earlier). The administrator will administer the estate accordingly once the order has been given.

Go back to the lawyer again and ask what was done. Did you pay fees? What did you pay for?

Never encountered such a situation before. Well, you have to refund the purchaser in full first, and then settle between you and the agent. See what can be worked out. In the absence of anything in writing, it's hard to advice.

What was the reason for the SPA to be aborted?