Risky in the investment sense - best to ask in the open forum.

Risky to give the 10k the lawyer - as long as you get a client's account receipt, it should be ok. Check out also if the firm is listed in the malaysian bar website.

Ok, thanks.

Hi all sifus, need your advice... i signed an SPA on september in buying a subsale leasehold condo. The problem is, the owner havent got their consent of transfer from developer and according to my lawyer, the owner needs to get their consent from developer then only can transfer to me... they called it double transfer... now already december and the lawyer only tell me that the owner only gonna sign the SPA this week. Then i ask when will they get their consent... lawyer replied they cannot control that and they can only remind the owner... is that true? what if it takes forever? Sorry a bit long. Thanks for advice.

In the SPA, a deadline can be set for the vendor to obtain the MOT from the developer and hand it over your lawyers. Is the vendor represented? If not, has he authorised your lawyers to act on his behalf to prepare and follow up on the MOT? That is usually the way. To expect the vendor to do everything on his own would only prolong things.

Yes the vendor is represented, usually doing those MOT stuff are lawyers or individual?

Hello, guys. I'm here hoping to seek out more help from experienced people here. So my mom is closing on a house deal in KL. And the seller decides to intro her to some lawyer guy he knows. So I was just wondering is there any risk of taking a lawyer from the seller himself? Pardon me as I'm just 19 so I've literally 0 experience in houses procedure like this.. Please do kindly enlighten me. Thanks in advance.

Lawyer will do it.

Then the reason why she say she cant control the vendor speed but only can remind them is because lawyers cant control another lawyer firm procedure speed is it?

It is risky in the sense that the vendor knows that lawyer and perhaps, that lawyer once acted for the vendor in some other matter. Now, the vendor is trying to save legal fees by pushing that lawyer to you to appoint and pay full fees, while he just pays minimal fees without the need to appoint his own lawyer. If you decline to appoint this lawyer, don't be surprised to see that he eventually appoints that same lawyer.

Read my post in the first page on appointing a lawyer for your SPA.

Dear all,

Tomorrow will be the last day for everyone to field questions, as I would be on a break until the new year.

Would also be closing this topic at the end of the year, as we are hitting the limit of 2500 posts not long from now.

If the situation permits, I will open v3 of this thread and start 'work' in the new year.

If v3 is out, I hope to improve the first page of this thread to contain more relevant information.

Cheers.

This post has been edited by dariofoo: Dec 19 2012, 05:42 PM

hi dariofoo,

Need your advice.

Do the owner have a case if the developer doesn’t bulld according to picture (so called artist illustration) / model at show unit?

E.g. steel plate at car park building and Chain fencing vs wall @ picture and model.

No so much until litigation, can purchaser file a complaint to relevant parties?

Hi dariofoo,

Kindly give me advice on below.

Shop rented to tenant, but he have not pay for more than 3 month now, and he doesn't want to leave. What can I do?

Can I lock the premise? Should I lodge a police report?

A friend told me that I can lodge a police report and lock the premise and I can take the tenant "things" to cover up the rental. Is it true?

Advertisements, brochures, flyers and show units are all considered an invitation to treat (ITT) and not an offer to a purchaser. An offer is binding on the offeror once the other side accepts. An ITT is not binding upon the party issuing it, in this case - the developer. It is an invitation to you to make an offer based on what you see.

Unless - all the above are stated specifically in the SPA. But I doubt so, as the most detail they would give is the plan and the list of fixtures and fittings.

You can still file a complaint with the developer, the HDA and also the Homebuyer's Tribunal, but do you have any evidence in writing of the promise? Or was it just a show unit? If nothing in writing, you might face an uphill task.

Is there a tenancy agreement? If yes, then follow the procedure there. If you want to terminate, you need to give 1 month's notice to the tenant to surrender vacant possession. That is what would normally be stated in the agreement. Check yours.


It is illegal to lock up and deprive the tenant the use of the premises. Just because he did not pay does not mean you can lock him out.

Lodging a police report does not make the act legal in any way. He can sue you for losses in his business if you lock it up without any court order. You also cannot terminate the utilities.

Best to try to negotiate a settlement and for the tenant to move out quietly without any further problems and costs to both sides. If still cannot,then it would be best to consult a lawyer. But do not wait too long as remember, one month's notice of eviction has to be given.

Thanks



This post has been edited by hidden830726: Dec 20 2012, 12:32 PM

Let me give a better example:

You went to KFC, and saw a picture of KFC Dinner plate, the chicken looks meatful and so big portion.

Then you order. And you found that the fried chicken not as big portion as illustrated.

But most of us, would understand, its only for illustration only and at least we still get our fried chicken and other stuff as the pic, although relatively small portion compare with the picture.

But now, the scenario is like, show dinner plate with mash potatoes and coleslaw but after ordered, only give fried chicken and coleslaw… where is the mash potatoes? Illustration only? This not constitute of cheating?

Comparing the purchase of a property with a dinner plate is KFC is like comparing apples with oranges.

When you decide to purchase the property, you proceed to sign the SPA. So, parties are bound by what is stated in the SPA. End of story. Whatever stated in the brochures and other verbal promises made - if it is not included in the SPA, the developer is not bound by it.

With regard to KFC, one does not merely look at the photos before making an order. There would be a proper menu with the list of what is included in the set. Of course if the list states that it included potatoes, and potatoes were not served, then you can demand for it. I have not come across any KFC outlets who refuses to serve whatever is listed in their set meals.

Thanks dario bro.. Loud and clear.

Thanks Dario bro too!

what is standard procedure to get my rented land back, if tenant did not pay 1 month? without a lawyer can?