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 Lawyer's Corner v2, One-stop centre for any legal queries

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MR_alien
post Dec 13 2012, 05:15 PM

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QUOTE(dariofoo @ Dec 13 2012, 05:00 PM)
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?
*
there was a will but the lawyer(not sure true or not) said the will was somewhat "incomplete"
so we are not particularly sure
just now when talking to the LHDN staff, after she asked, she called back and say if grand of probate surely need lawyer and some fee
whereas LA can do it in high court, she asked me to go to high court and ask the procedure...didn't mention also need a lawyer
if we need lawyer thn i think am gonna just let it go, just RM1k+ only...dn't feel like paying the lawyer anything anymore since paid like 10k to him already

i checked back the thing he charged us
there was "filing fee for petition for grant of letter of administration with will annexed - RM88"
thn below a few there is
"filing fee for grant of LA - RM212"
does this mean there is LA?..and i can get it from the lawyer?(a copy)
idoblu
post Dec 13 2012, 05:20 PM

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QUOTE(dariofoo @ Dec 13 2012, 05:03 PM)
Never encountered such a situation before.  hmm.gif 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?
*
just wonderng for now. hope that wont happen tongue.gif
thank you sir notworthy.gif

rayzrblade
post Dec 13 2012, 10:29 PM

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I need brainy lawyers help please.

I stay in condo.
My upper level unit pipe has leakage.
Causes serious water damage to my plaster ceiling.
According to some act the landlord upstairs should be responsible for fixing his units pipe and bear all the cost.
But he refuse to pay for the cost for fixing my ceiling saying no such law.

Lawyers, enlighten me please.
TSdariofoo
post Dec 14 2012, 11:01 AM

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QUOTE(MR_alien @ Dec 13 2012, 05:15 PM)
there was a will but the lawyer(not sure true or not) said the will was somewhat "incomplete"
so we are not particularly sure
just now when talking to the LHDN staff, after she asked, she called back and say if grand of probate surely need lawyer and some fee
whereas LA can do it in high court, she asked me to go to high court and ask the procedure...didn't mention also need a lawyer
if we need lawyer thn i think am gonna just let it go, just RM1k+ only...dn't feel like paying the lawyer anything anymore since paid like 10k to him already

i checked back the thing he charged us
there was "filing fee for petition for grant of letter of administration with will annexed - RM88"
thn below a few there is
"filing fee for grant of LA - RM212"
does this mean there is LA?..and i can get it from the lawyer?(a copy)
*
Are you in Semenanjung or Sabah/Sarawak? Because there is no such concept of "grant of letter of administration with will annexed" in S'jung.

If got will - GoP. If no will - LA.

How can LA with will annexed? rclxub.gif

Anyway, my suggestion is to get this copy of the LA from the lawyer since 10k has been paid to obtain it. If nothing is done - complain!
TSdariofoo
post Dec 14 2012, 11:01 AM

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QUOTE(idoblu @ Dec 13 2012, 05:20 PM)
just wonderng for now. hope that wont happen  tongue.gif
thank you sir  notworthy.gif
*
doh.gif doh.gif
TSdariofoo
post Dec 14 2012, 11:02 AM

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QUOTE(rayzrblade @ Dec 13 2012, 10:29 PM)
I need brainy lawyers help please.

I stay in condo.
My upper level unit pipe has leakage.
Causes serious water damage to my plaster ceiling.
According to some act the landlord upstairs should be responsible for fixing his units pipe and bear all the cost.
But he refuse to pay for the cost for fixing my ceiling saying no such law.

Lawyers, enlighten me please.
*
This question has been posed and answered not too long ago in this thread. Look it up. icon_rolleyes.gif
~berry~
post Dec 14 2012, 11:14 AM

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is it possible that for a direct purchase from the developer the selling price stated in the SPA is the gross selling price but the buyer pays the stamp duty at the nett selling price?
itanium2
post Dec 14 2012, 12:27 PM

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QUOTE(itanium2 @ Dec 10 2012, 11:34 PM)
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.
*
Hi Dario, you missed my question. smile.gif
Just to add the condo is in K.L.
Thanks.
TSdariofoo
post Dec 14 2012, 03:28 PM

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QUOTE(itanium2 @ Dec 14 2012, 12:27 PM)
Hi Dario, you missed my question.  smile.gif
Just to add the condo is in K.L.
Thanks.
*
Sorry for missing that out. Yes you are right but I am not aware that it was effective 1 Jan 2012. As far as sale by way of assignment, consent is not required.
MR_alien
post Dec 14 2012, 04:07 PM

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QUOTE(dariofoo @ Dec 14 2012, 11:01 AM)
Are you in Semenanjung or Sabah/Sarawak? Because there is no such concept of "grant of letter of administration with will annexed" in S'jung.

If got will - GoP. If no will - LA.

How can LA with will annexed?  rclxub.gif

Anyway, my suggestion is to get this copy of the LA from the lawyer since 10k has been paid to obtain it. If nothing is done - complain!
*
i'm in sabah BTW
not sure here got or not though
but the bill which stated what he charged us for have these details
there is a will of course but he say is somewhat incomplete, missing something tongue.gif
am gonna ask him for it though...morning got ask but hes not in...will ask him later
nookie188
post Dec 14 2012, 04:38 PM

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dario boss

for a freehold 8year old property with title, no lien, if the vendor decides to use the purchaser's lawyer , what are the risks involved?
assuming that the vendor has experience with S&P and is quite confident of vetting the draft before finalization..


risk of lawyer running off with the proceeds? shocking.gif
lollipop12345
post Dec 15 2012, 07:21 AM

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QUOTE(dariofoo @ Dec 11 2012, 12:02 PM)
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.
*
How did I, a nonbumi, was sold a bumi lot...and remained in the dark till I enquire about why the loan installments seemed to stall...
The lawyer said it was the developers who didn't sort out the titles properly and sold their property too hastily. The developer apologised and claimed the title will be changed soon. I am so confused by them and I just want my money back... icon_question.gif
wilbalan singh
post Dec 15 2012, 01:00 PM

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Dario Boss,
Just a question in regards to vacant possession from the developer whereby the title has not being issued and the sum due which also include the defects liability to be kept by the developer's lawyer as stakeholder. Will the purchaser's financier make this payment directly to the developer or to the developer's lawyer which handled the S & P? What about if the purchaser is a cash buyer?
TamaUser
post Dec 16 2012, 12:47 PM

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About divorcing, Please help me! My girlfriend's mother decides to divorce with her husband. But I am not sure about father's side decision. They have married for 20+ years.

In my point of view, my gf's mother is right. The story goes like this: My gf's father is a drunkard, every quarrel starts by him. And he makes promises to be a better husband after each quarrel ends. But he never fulfill his promises. After drinking alcoholic drinks, he will take knife (not the small one) and point at his family member and ask them to admit they are wrong. LOL. And the list goes on...

With this, my gf and her mother had lodged a police report with pictures. And they are preparing steps to getting divorce.

But what they concern are, the mother doesn't work nor having a stable income. But all of her children want to follow her, not the father. There are 4 children, two are currently working. So who hold the higher chances of getting fostering right?

This post has been edited by TamaUser: Dec 16 2012, 12:49 PM
TSdariofoo
post Dec 17 2012, 01:00 PM

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QUOTE(nookie188 @ Dec 14 2012, 04:38 PM)
dario boss

for a freehold 8year old  property with title, no lien, if the vendor decides to use the purchaser's lawyer , what are the risks involved?
assuming that the vendor has experience with S&P and is quite confident of vetting the draft before finalization..
risk of lawyer running off with the proceeds? shocking.gif
*
Risk is always there. In every case where the lawyer holds stakeholder monies the risk is there for the lawyer to abscond. How do you tell whether it is going to happen or not? Your guess is as good as mine.

If, as you said, "vendor has experience with S&P and is quite confident of vetting the draft before finalization" then you mitigate the risk , as all the clauses would be fairly balanced in the SPA.
TSdariofoo
post Dec 17 2012, 01:13 PM

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QUOTE(wilbalan singh @ Dec 15 2012, 01:00 PM)
1. Will the purchaser's financier make this payment directly to the developer or to the developer's lawyer which handled the S & P?
2. What about if the purchaser is a cash buyer?
*
1. Developer's lawyer as per the SPA.
2. Same as above. It will be kept by the lawyer as stakeholder.
TSdariofoo
post Dec 17 2012, 01:39 PM

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QUOTE(~berry~ @ Dec 14 2012, 11:14 AM)
is it possible that for a direct purchase from the developer the selling price stated in the SPA is the gross selling price but the buyer pays the stamp duty at the nett selling price?
*
Never heard of such things as gross and nett selling price in SPA.

This post has been edited by dariofoo: Dec 18 2012, 01:47 AM
xSean
post Dec 17 2012, 05:06 PM

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hi dariofoo,

need some advise from you...i received letter from developer to transfer strata title....

i'm a sub-sales buyer 2 years ago, i know i need to pay legal fee to s&p lawyer to help me transfer to strata title....but how about loan lawyer? do i need to pay loan lawyer's legal fee to tranfer strata title?

This post has been edited by xSean: Dec 17 2012, 09:53 PM
TSdariofoo
post Dec 18 2012, 01:46 AM

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QUOTE(xSean @ Dec 17 2012, 05:06 PM)
hi dariofoo,

need some advise from you...i received letter from developer to transfer strata title....

i'm a sub-sales buyer 2 years ago, i know i need to pay legal fee to s&p lawyer to help me transfer to strata title....but how about loan lawyer? do i need to pay loan lawyer's legal fee to tranfer strata title?
*
You need to pay the loan lawyer to prepare the charge.
Ssui
post Dec 18 2012, 10:30 AM

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Hi,
Currently there is a project called vsummer place in JB.
Good location, good design.
But I was told by sales officer currently the developer still lack of 1 approval, so we just can book the unit by rm10k.
And do not need to apply loan first and sign s&p.
All we can do is wait for the developer get the approval from government first.
And the rm10k is issued to law firm, because developer have no right to keep for our money.

I never heard such case before. There are so many question marks in my mind.
It is very new developer, just second project in JB.

Rm600/sf in this area is considered reasonable, but is it too risky?

Thanks ur reply.


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