Dear Dario,

Thank you for prompt reply.

If deposit was paid but the seller tried to delay and not to fulfill the terms in the LoI then how to proceed in this matter.

Thank you.

Same process. Your lawyer would've prepared the MOT for you to execute when you attended to execute the SPA.

Engage a lawyer and send a letter of demand. If he still fails to comply, you have to instruct your lawyer to file a civil suit in Court.

Need some info on strata title for my apartment.
After i have paid all legal fees for the strata title, what is suppose to happen next? I made payment in 2008 but have not heard anything nor received any word on the title since then from the lawyers..
sorry... i'm a first time property owner..

A photocopy of it ought to be sent to you. Call up the lawyer and request for it.

Hi Dario,

Thanks again.

Hi peeps, can i ask 1 question on post completion matter? When I bought my property, all payment etc was made through my lawyer. At the end, they confirmed to me that all outstanding payment to the property was made and they have gotten copies of receipts (maintenance, water, quit rent) etc and sort out the calculations and apportionment before releasing the amount to the vendor. However, now after 1/2 a year later, I found out from the management office that the previous owner have not been paying the sinking fund for quite some time (amounts to RM4k++). Now, I am asking my lawyer to check and advise (on their records since they were the one who advise and release payment to vendor) but they have been ignoring my emails and phone calls. What can I do in this case? Would the lawyer be liable for the loss of this RM4k+?

thanks in advance for any advice.

Hmmm. Sounds like negligence on the part of the lawyer. Could that be the reason why they are ignoring you? Don't waste time with emails and calls.

Write an official letter and get it sent by hand - get it acknowledged. In your letter, you ought to state the chronology of events, proof of the outstanding amount, proof of their letter confirming that all dues have been settled, and demand for a formal explanation as to how the situation could have occurred.

Give them 7 days to reply in writing, and state that failing which you will file a formal complaint with the Advocate & Solicitor Disciplinary Board. Then they ought to reply to you. Don't need to cc it to any other party. If they still fail to comply then you need to file a formal complaint. The link is at the first page of this thread.

that is what i was afraid of!! i'm terrified that things may get messy but guess i'm out of option here

many thanks dario! will do just that!!

Hi Dario,

Sorry to ask again. In normal civil suit in this matter, what is the duration time from filing in court until the judgement date, how complex is the process and finally what will be the cost involved in term of % of purchase price.
Thank you.

The process is not complex if your case is straightforward. You can apply for SUMMARY JUDGMENT if your case is clear-cut.

Costs: in terms of legal fees, it really varies as to the seniority of the lawyer (disbursements excluded) and the firm's standing if the case is straightforward. There is no % involved, unlike conveyancing matter where it's regulated by the Solicitors' Remuneration Order.

Courts Costs: at the discretion of the court to grant.

Duration: With the recent implementation Key Performance Index, the Courts nowadays are really 'working'. It'll be much faster than last time. This is of course subject to the lawyers' diligence.

TK

This post has been edited by me_1980s: Jan 17 2012, 11:27 AM

Duration of time really depends on the efficiency of your lawyer and that of the Court. It also depends if the other side engages a lawyer, or opts to settle the case and agree to sell the house to you, or pay you a certain sum in compensation which you are happy with. That would be the "best case scenario".

Another factor would be if they appeal. If they appeal, they can request for judgment to be stayed (postponed) until the hearing of the appeal. From High Court they can appeal to Court of Appeal. From the COA, if they lose, they can file an application for leave to appeal to the Federal Court. As property is involved, there is a possibility that a stay might be granted until the disposal of the appeal and the application for leave (if they proceed further). That would be the "worst case scenario".

Process is really not complex as the facts seem straightforward. Filing would be by way of writ of summons, followed by an application for an order for specific performance under Order 81, Rule 1(a), Rules of the High Court. Provided that there are no issues to be determined and if you can prove the fact that terms were agreed but the vendor blatantly refused to execute the SPA, then you have a reasonably good chance of success.

Legal fees is negotiable with the lawyer. There's no barometer or measure to calculate it.

Good luck

Hi me_1980,

Thank you for kind feedback.

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Added on January 18, 2012, 1:08 amHi Dario,

Thank you for above scenario and process plus explanation.

From above process of appeal and appeal again if the seller really want to drag on the whole matter , it seems that the process is a bit lengthy to the purchaser. Is it worth to proceed with the deal as the whole process is time consumed and emotional to the purchaser? What the early intention of the purchaser was to get the property but now is changed to get fairness of judgement.
Another question is what about if no time frame was being set for the seller to fulfill a term in the LoI, is the whole suit case will getting longer?
Thank you.

This post has been edited by TkPerak: Jan 18 2012, 01:08 AM

Hi .. I'm in the progress of settling my homeloan pending redemption & release letter from the bank. I believe the release letter will be enough to prove that I'm free from the homeloan and can use that as evident to secure a 90% loan for my 3rd property if needed. Please correct me if I'm wrong.

I was told that the next final step is to hire a lawyer to get back my SNP and other documents from the bank. This process will take as long as a month time. Is that the case? How much does this normally cost and how long will it take to complete the whole procedure?

Thanks.

I'm trying to rent an office. Looking at the rental agreement, I doubt if the company named in the agreement is the real landlord.

As far as I know the rental agreement cannot be valid if the signee is not the landlord (or authorized by landlord).

How do I make sure that the real landlord sign the rental agreement with me ? Any way to find the real landlord ? Like a title search ? Who can help me with this ?

Only you can answer that question. How much you want that property plus whether you can handle the effect of an ongoing litigation. Weigh the pros and cons first before proceeding.



In the LOI a timeframe ought to be given to the purchaser to prepare and finalise a draft SPA. That is a normal term in a LOI. So, your lawyer needs to prepare the draft and send it over to him for his approval. His refusal to proceed would effectively be a breach of the LOI.

This is procedural and depends on bank to bank. The best is to obtain advice from a banker from the bank in which you're making the new loan applic.


Discharge of charge/Deed of RnR costs RM300. If additional title, add RM100/title. Disbursements ought not cost more than RM250. Procedure would take, let's say 1 month at the soonest. Hopefully the bank didn't misplace or lost the original documents or else it would add to the time to complete it. More often than not, all would be ok and it'll be done within 4-6 weeks.

Ask for the company to provide you with a copy of the SPA in which they purchased the property. The actual purchaser/landlord ought to be stated there. No need to do land search.

hi,

bought a property recently by paying 2% booking fee

Will sign the S&P soon next week

However the vendor / seller suddenly want to state in the S&P that the redemption will only be done by end of April (This is due to their bank loan lock in period will only end then)

So in order to save penalty fee to the bank, they want to impose this condition

Of course i don't agree to this because this was not stated upfront and also only make known after i paid the 2% so my 2% is stuck there now


After checking with my potential lawyer for this deal, according to him, we can disagree and not put in the S&P but there is NO stopping the vendor / seller to drag the redemption to their bank for a few months or even a year to complete

The extension due to this drag will only be compensated to me via extension of time to me and no monetary compensation

I find that strange as in that case then we buyer / purchaser are not protected at all. We are at the mercy of the vendor / seller?

Checking the standard S&P, i can't find any clause which will penalized or disallow the vendor / seller if this scenario happened

Only me the buyer / vendor will be penalized *% per annum if i cannot complete the deal in 3 months time


Any help to shed light or advice on this is much appreciated

I'm planning to withdraw from my EPF Account 2. At the same time, i'm also planning to sign up for 80% loan from a bank.
At the moment, i have enough cash on hand to pay the 10% deposit which means i have the remaining 10% will come from my EPF account 2.
My question is when is the last day for me to make the 10% payment ?
Just right before 3 months from the SPA signed ?
The reason is i'm trying to drag the EPF withdrawal as long as i could as EPF is going to announce the dividend.
Once the dividend is announce, i will immediately submit for withdrawal but at the same time, i do not wish to take any risk of penalty charges of late 10% payment if there is any due to the time taken to process the withdrawal.