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

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TSdariofoo
post Mar 1 2012, 10:47 AM

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QUOTE(irise.ufall @ Mar 1 2012, 09:24 AM)
No Sifu Dario, they ask if i can rent the unit to them after they hv handed over the keys to me.

That's y they keep dragging...

Can the Bar Council do something on this? Like monitor them?
*
I see. BC would not interfere in this. If you feel that the lawyer has been dragging their feet and not protecting your interest, the only way is to lodge a formal complaint with the ASDB. Link at first page of thread. Before that it would be better for you to raise your issues in a letter addressed to the SPA lawyer and sent by hand to their office with an acknowledgement that they received it. Give them 48 hours to provide you with an explanation as to the delay, etc. Put in all your complaints there and back it up with e-mails or what was said in phone conversations. State that if they fail to reply, you will lodge a complaint with ASDB. That ought to shake them up. Then you see how it goes.

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TSdariofoo
post Mar 1 2012, 10:48 AM

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QUOTE(MR_alien @ Mar 1 2012, 12:21 AM)
ic
but that 6k is phase one...for high court stuff only
its not a total package...he say this is the fee just for phase one
phase 2..transfer is another fee
i wrote down everything in another thread...the last post
http://forum.lowyat.net/index.php?showtopic=2246732&hl=

so i think overall...might be 10k just to transfer ownership only...and its just a small apartment
*
Just get another quotation from another law firm. It's a free world and I'm sure there's many other lawyers in your town/city. Am sure you can get one who can do the work for much less (since your priority is low legal fees). You can keep on going until you find a lawyer who can match your budget.

Good luck. icon_rolleyes.gif

This post has been edited by dariofoo: Mar 1 2012, 10:49 AM
TSdariofoo
post Mar 1 2012, 02:16 PM

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QUOTE(hianboy @ Mar 1 2012, 12:38 PM)
Hi there, im not sure this is the correct thread to ask this question.

Is bout a under-con(+-70% built) property that i'd bought (loan approved, now waiting to sign SPA), i got another quotation from another law firm, is much cheaper then developer's law firm quotation, developer said is ok to use our own law firm but she wan me to bare in mind that the bank drawndown period is only 21 working days after sign SPA, which she worry that if two law firm working on the submission of relevant documents might lengthen the period.

My concern is, what i know (from banker & fren who work in law firm) said that 21 working days ain't enough for the bank to start giving money to the developer, normally are 3 months (?) but the developer side replied me said that 3 months is for completed property and under-con is only 21 working days for bank drawndown.

If i use their panel lawyer, 21 days still is a very tide period and if over 21 days, developer gonna penalty me anyway either use my own or their lawyer.

But the developer said their SPA stated 21 working days (approx. 1 month) already, thats the facts. If it so, what else can i do? is it really only 21 working days for under-con property? or just this developer? is the drawndown period set by developer them self?

Most appreciate, sorry for the long questions coz first time buying property.

Lucas
*
21 working days is quite standard. It is more than enough time for the bank to issue drawdown. If your loan is approved before signing the SPA itself then there is nothing to worry. There are folks who do not want to use the developer's panel lawyer and insist on being represented by their own law firm, just to get the peace of mind.

QUOTE(hianboy @ Mar 1 2012, 12:38 PM)
If i use their panel lawyer, 21 days still is a very tide period and if over 21 days, developer gonna penalty me anyway either use my own or their lawyer.
*
That's a good observation. nod.gif

This post has been edited by dariofoo: Mar 1 2012, 02:20 PM
TSdariofoo
post Mar 1 2012, 02:20 PM

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QUOTE(ketiak_masyam @ Mar 1 2012, 01:34 PM)
is there any good to purchaser if seller wants to use purchaser lawyer for SPA?
*
Better, actually! More faster and eliminates one paper trail. nod.gif
TSdariofoo
post Mar 2 2012, 08:01 AM

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wufei:
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With regard to the fees, please check the many samples in v1 of this thread. Do note though, that the RM100 for S/D-LOU should not be charged. icon_rolleyes.gif
TSdariofoo
post Mar 2 2012, 08:05 AM

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alvinchien:
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1. You can demand it from him in writing using your own letterhead and sending it to him by courier/registered post. Alternatively, you can appoint a lawyer to do so. You should not ask the agent to assist you to appoint a lawyer to sue the vendor, as the agent is basically acting for the vendor to sell the house to you. Better get one of your own. Ask family and friends for recommendation.

2. Quite good. I can't see how he can wriggle out of what he has agreed in writing.

3. Letter of demand -> civil suit -> summary judgment -> you (should) win -> enforce judgment against him.

4. In your letter of demand, you can put in 7 days, failing which you would institute legal proceedings against him.
TSdariofoo
post Mar 2 2012, 12:15 PM

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QUOTE(karfei00 @ Mar 2 2012, 10:28 AM)
thanks, what if bank reject my loan application and lawyer has done some work on it, what will happen? any charges from lawyer?
*
Just pay him transport charges and land search fees - total maybe RM50-60. If he so berkira la. At end of the day, you can still tell him that you'll appoint him for the next purchase. I doubt if he'll charge you full fees yet as the draft SPA has yet to be drawn up.

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TSdariofoo
post Mar 2 2012, 03:03 PM

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QUOTE(karfei00 @ Mar 2 2012, 12:18 PM)
Thx bro, as for the legal fees, isn't it the charges is standard and calculated based on amount bracket? in what sense that some lawyer charges more? and where does the $$ difference comes from?
*
Those are scaled fees for preparation of SPA. That RM50-60 in my last post refers to disbursements (expenses). That is not fixed.
TSdariofoo
post Mar 2 2012, 03:07 PM

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QUOTE(Seremban_2 @ Mar 2 2012, 12:39 PM)
Why only he but not she or he?
*
Bro, any reference using the male gender term also denotes female gender and vice versa. Quite standard clause in all agreements. If I want to type he/she or "he or she" in every answer I'll seriously pengsan after awhile. sweat.gif smile.gif


QUOTE(Seremban_2 @ Mar 2 2012, 12:39 PM)
Not only land search n transportation charges. Also got postage,paper & File total RM10,bankruptcy search also hefty sum.
*
Land search - RM30, transport to land office would be RM10/20. Bankruptcy search no need to do now as the purchaser is only getting the title search out now to pass it over to the bank. I think that was the question. I don't think there's any postage/paper/file charges at this stage.

TSdariofoo
post Mar 3 2012, 01:30 AM

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QUOTE(napoli26 @ Mar 2 2012, 04:47 PM)
hi Dario, if buy subsale house, after sign snp and loan agreement, can i start to renovate the house? or need to wait untill all the process 100% comfirm ok only start to renovate?
*
The vendor has agreed to allow you to do so? Well, there is a risk involved - especially if you haven't got a loan approved yet. Safest is to wait until you're confirmed as the registered owner at the end, before you start work. icon_rolleyes.gif
TSdariofoo
post Mar 3 2012, 01:53 AM

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QUOTE(home-buyer @ Mar 2 2012, 05:22 PM)
Hi Dariofoo,

I need some help here!
I've bought and subsale freehold house and done signing SNP and paid the lawyer. Then I took the SNP to apply for loan.

The problem is: The address in the SNP is wrong ! The bank told me that it might have difficulties in disbursement later.

The wrong address in the SNP:
123, Jalan Bunga Merah 5, Taman Bunga Merah, Selangor.
Whereas the address previous SNP and Land search:
123, Jalan Bunga 5, Taman Bunga Merah, Selangor.

(additional of Merah in address) (*fake address).
Will it be a problem? The lawyer and the buyer has already banked in the cheque.
What should I do now?
The lawyer is on leave today, I cannot contact her..

Please advise, thanks!
*
Small matter. Can be amended anytime. Call your lawyer on Monday to get it changed. Small mistakes like that do happen. icon_rolleyes.gif
TSdariofoo
post Mar 3 2012, 10:54 PM

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Dear all,

LAWYER'S CORNER WILL BE TAKING A BREAK.

Shall be away for an outstation trip and will be back on Tuesday night. All queries will be answered on Wednesday.

Your patience is much appreciated.

Any urgent queries, do post it out in the open thread. icon_rolleyes.gif

Cheerios. icon_rolleyes.gif

TSdariofoo
post Mar 6 2012, 11:06 PM

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QUOTE(axantra @ Mar 5 2012, 03:54 PM)
need advise here..
i want to renovate my house using government housing loan since it cheaper. but i have few question in mind..
a) should i appoint a lawyer since my HR dept say dont have to but in the checklist issued by treasury need
i)Salinan Perjanjian Ubahsuai Rumah yang disahkan oleh peguam.
ii)Salinan lesen kontraktor/Pendaftaran CIDB yang disahkan oleh peguam.

b) how much do it cost roughly and procedure need ( for lawyer)

a bit blur here...tq
*
I think what was meant was that a lawyer must check the photostat with the original and then place the SALINAN DIAKUI SAH stamp upon the photostat to certify (sahkan) that the photostat is indeed a true copy of the original.

Cost? Not sure, as it is not fixed. If you have used a lawyer before, just ring him up and ask him to certify it for you for free. It's just a small matter.


TSdariofoo
post Mar 6 2012, 11:07 PM

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LightEnchanter:

Please check the many samples in v1 of this thread.
TSdariofoo
post Mar 6 2012, 11:12 PM

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QUOTE(aarondotcom @ Mar 6 2012, 05:37 PM)
Hi dariofoo,

I need some professional advise from your. My grandpa(deceased) leave a house for his 5 sons, eldest son 1 share, 2nd son 1 share, 3rd son 1share, 4th son 1 share and 5th son(my father) 1 share. So apparently on that time whereby my grandpa wrote this will, my father(youngest son) is under 18 year old, so my grandpa had assigned his eldest son as a trustee for my father share(there is another legal letter stated this which holding by my grandpa eldest son). In short saying that, his eldest son holding 2 share now. Now my father already 50+, he want to take back the share which holding by my grandpa eldest son long enough, what is the procedures? I check the house title, my grandpa eldest son got 2 name in there, which means got 2 share belong to him now.

There is some interest of conflict going on among all the brothers now, is there any legal way to take back my father portion? Or putih2 see these predator eat up my father share?
*
As far as the title is concerned, is there anything to reflect that the eldest is holding 1/5 as trustee? Or does it just say 2/5 bahagian next to his name? If there is nothing, then it has to mean that he owns 2/5 share. If your father wants to prove anything contrary to that, the burden of proof is upon your father. If the only proof that the eldest son is holding the 1/5 share as trustee for your father is currently in the eldest son's hands, what else is there to support your father's allegation? A bare allegation without documentary proof has no merits. Even if the letter is produced, is there a living witness who can testify that your grandfather indeed executed that document? If there are no witnesses, the eldest son will never admit and will dispute the legality of the so-called trust created by way of letter.

It's not going to be easy for your father to pursue his rightful share, unless there is some strong documentary evidence in support as mentioned above.
TSdariofoo
post Mar 6 2012, 11:14 PM

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QUOTE(napoli26 @ Mar 6 2012, 08:14 PM)
hi dario, he must submit CKHT 2A? if we din submit, anything will happen?
*
Who's he? hmm.gif
TSdariofoo
post Mar 6 2012, 11:17 PM

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QUOTE(BeastB @ Mar 6 2012, 08:33 PM)
Hi there,

I'm helping a foreigner (from Iraq) purchase a house in Malaysia and I'm an agent here. Any additional steps he requires in purchase? Buying the property cash btw, no loans required.

Appreciate your kind response.
*
Nothing special, just that he would need to apply for consent from FIC which will be a pre-condition upon execution of the SPA. His lawyer would prepare it and there is an additional legal fee of RM300 for it. That's about it. icon_rolleyes.gif
TSdariofoo
post Mar 7 2012, 11:28 AM

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QUOTE(BeastB @ Mar 7 2012, 12:45 AM)
Thank you for your response. Just to be clear, the lawyer is responsible to make this application to the FIC? Or does he or I need to do this ourselves?

Thanks!
*
Lawyer will prepare it and follow up. It's part of his job. That is what the RM300 fees are for. smile.gif icon_rolleyes.gif
TSdariofoo
post Mar 7 2012, 11:31 AM

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QUOTE(napoli26 @ Mar 7 2012, 08:30 AM)
sorry, i mean "we", so if din submit CkHT2a, anything will happen? kena fine?
*
Yes, you have to do so within 60 days from date of SPA. If there is no CKHT to pay, I have not come across a case where LHDN imposes a penalty. If there is CKHT to pay, then there would be a penalty.

The preparation and filing of CKHT forms are usually factored in the legal fees (additional RM200/pax for CKHT 2A) and the lawyer would fill up the forms, get you to sign it, and then file it for you. nod.gif
TSdariofoo
post Mar 7 2012, 01:29 PM

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QUOTE(wufei @ Mar 7 2012, 12:04 PM)
Does buyer has the rights for not doing the s&p for me and ask me to appoint different lawyer?
*
Of course. It is you who has to ask the purchaser's lawyer whether you can tumpang him - tumpang is only for redemption and CKHT, that's all.

If the purchaser says no, obviously the instruction would go to his lawyer not to accept your offer to tumpang.

So now you have to appoint your own lawyer. nod.gif Or act in person. nod.gif



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