An amendment act is to add/vary certain section of the principal act. In this case, the Contracts Act 1950. The only amendment act for this Act would be one in 1976, which pretty much adds in sections on scholarships agreements.

If you dispute it, the developer can say that it was a genuine mistake and that the correct layout for the intermediate unit ought to have been annexed. I can't see how you can dispute it and ask for the same layout as a corner unit. It just doesn't make sense. Unless you want a window to join with your next door neighbour's side wall?

Price in the SPA.

Yes you do have to pay such fees if you appoint them to do so.

CKHT 1A is RM300 per pax which is fixed. The rest of it must be disbursements. I assume that your loan has been fully settled so there's no redemption and discharge of charge to prepare. Otherwise, you would have to pay more. You ought to request for a detailed invoice/note of charges so that you know what you are being billed for.

If the only outstanding thing is filing of then CKHT 1A form then you might as well do it on your own, provided you know how to do so. Perhaps you would need to contact LHDN hotline to find out the procedure and visit a branch to find out how to fill up the form. Filing is free and you can download the forms from the LHDN website.

Purchaser pays full scaled fees which are much higher than the ones you are paying. So you can't compare with that.


Did you sign a letter of offer to purchase or any other agreement when the booking fees are paid? If yes, then go by the terms of that document. Otherwise, there's nothing to bind the parties in any way. There is no law which fixes the SPA to be signed within 14 days from the date of payment of booking fees/earnest deposit. All terms and conditions ought to have been ironed out before the booking fees/earnest deposit is paid to you.

I've already advised you to ask for a breakdown of the fees involved. You can find out more there.


Go to the first page of this thread and read the rules, in particular rule no.4

Both your questions depend on what is agreed in the SPA. Of course you have to submit the original geran to the Purchaser's Lawyer but WHEN you submit the geran to him is up to how parties agree for it in the SPA.

GM is a final title where the boundaries are permanent. Hakmilik Sementara, whether it is HSM or HSD, is a temporary title where the final boundaries are not yet determined and finalised.

You need to ask the land office on that.

Once you have signed the SPA, you are bound by it. If you want out, then you need to refer to the relevant clauses in the SPA for assistance.

Please refer to the many samples in v1 of this thread.

Consent of State Authority is a condition precedent attached to a particular title. It means that your property cannot be charged, transferred or subdivided without the consent of the State Authority. Consent is obtained via an application in a prescribed form. It is done once the SPA is signed and time would not start to run until consent is obtained. If somehow, consent is not obtained, you can appeal. Otherwise, the SPA is aborted and you would have to refund the deposit collected to the purchaser.

Did you mean how much does it cost to apply for consent? Your lawyer would do it for you as it is part of his duties when acting for you. Legal fees just for consent is RM300 while there would be some registration/filing fees which would not cost more than RM200 in total.

This post has been edited by dariofoo: Mar 22 2012, 07:58 AM

Please read the earlier posts in this thread as a similar question has been asked and I've answered it in length already.

This question has been posed and discussed at length in the earlier part of this thread. Please take a look.

1. You are bound once you sign it. Doesn't matter if it is stamped or not. In any event, stamping is only RM10/copy and that can be done by the other party at any time. Even if have not signed but have merely agreed in writing that the draft is ok and ready for signing, that is enough to bind you.

Normally if seller defaults - refund deposit plus another 10% as damages. If purchaser defaults - 10% deposit paid forfeited by vendor as damages.

2. a) Buyer A cannot just cancel the purchase just because he thinks that the 'built is bad' just by observing it. In any event, there is a defect liability period after construction so that ought to cover any problems that crop up after the property has been completed.

b) Buyer A can execute a SPA via sub-sale to Buyer B provided that the developer has no objection to it. See what is written in the SPA.

Cheers,bro.


Sorry bro if my words hurts your eyes. Hope the pain is less with some good medication taken.

You can appoint a lawyer to do it, or you can draft it on your own. Use Google to get some idea on simple contract templates and surely you can draft it. Terms are to be agreed upon by both parties so there might be a few exchanges of drafts via email before it can be executed. A bit of headache now to prevent bigger headaches later.

wongmunkeong:


Thanks for the questions. A breath of fresh air indeed. The first page of this thread is clear - legal queries on any topics are welcomed and i'll try to assist where possible. I remember in v1 of this thread there was even an interesting question on criminal law.

1. "If i'm brain dead and/or...
..i do not wish to be kept alive on machines or resuscitated.."

- I don't think that you can do this in writing legally. Are you authorising someone to authorise a doctor to "end your life"? I think you can verbally communicate this to your family members and I'm sure they'll respect your wishes and do the necessary to "unplug" you from this life.

PS: The likelihood of them respecting your wishes are more likely if you have a lot of assets which are waiting to be disbursed upon you being "unplugged". Bet they're all going ----> when reading your Will beforehand.

..donate my organs to...

Fill up the organ donation form now while you're alive. You can put it in your Will and attach the form at the back as an annexure to quell any doubts.


..cremate my remains and just a simple Christian funeral..

This can be reflected in your Will. Perhaps you want to define what simple Christian funeral means. Once again, how this wish is "fulfilled" depends on your family, right? If not, what can be done? Rise from the dead and sue the executor for breach of duty?

2. This area is quite tricky. If you get a Court Order in Malaysia with regard to your assets, it can include assets out of the jurisdiction of the High Court of Malaya/Sabah & S'wak BUT you would need to enforce it in their respective countries.

Now, here's the deal - you would need to check if the other country is one included in the Reciprocal Enforcement of Judgements Act 1958.

www.agc.gov.my/Akta/Vol.%202/Act%2099.pdf

If so, then the HC order can be registered and enforced there without the need to start probate proceedings all over again there.

If not, then you would need to file fresh proceedings there for probate in respect of property in the sole jurisdiction of that country. As to the law and procedure AND whether a separate will must be drawn up by a will-writer/lawyer in that country, that would refer to the separate law in relation to Probate of that country involved.

3. Not sure about this pre-nups. I don't think this is illegal. You can do it. Let me check it out, as I'm not 100% sure on this.

1. True. Under the Age of Majority Act 1971, a person only attains age of majority at 18. Until then, any property which is intended to be transferred in favour of the minor must be held by a trustee.

2. Deed of Trust. Lawyer can do it. I think will-writing companies provide such services as well.

3. The order can't state for it to be transferred to the son. It must appoint a trustee to hold it in trust on behalf of the son.

4. If cannot settle, have to wait. I can't see any other way.

The JMB can be successfully sued for damages only if you can prove that they are negligent. I am of the opinion that the JMB CAN be found liable for negligence for theft/break-in of the individual units in the following circumstances:

1. If the JMB collected monies for security purposes and established security requirements for the condo - i.e. access card, boom gate, security guards (who also patrol around the units), CCTV system. If such system were initially in place and perhaps it was not well-maintained or the guards employed were negligent.

* the above argument is not 100% as the JMB can always use the reason that the security is to protect the common property of the condo. They will say that they do not have the responsibility to protect the individual units. So, there's no right or wrong answer there. It's all up to the arguments and the evidence in support. If you claim negligence, then you have to show it.


2. If it were the guards themselves who did it @ inside job. This would depend on your police report and the keputusan kes.

* if this is the case, then you have a clear cut case against the JMB. The JMB would then bring in the security company in as a third party and claim indemnity from them. You sue the JMB as your nexus is with them. You can't sue the security company directly. If the keputusan kes can support your contention, your case is much stronger than in situation 1.

Bear in mind that you need to prove your losses. If you claim that you lost jewelry, receipts must be shown. Same goes for other items. If monies were lost, then your bank accounts would have to be produced as evidence of withdrawal of the said monies.

My advice is a bit different from the advice dished out by other forummers in the thread - whom all seem to suggest that you can't sue. I am of the opinion that you can, but gather your facts and evidence and seek professional advice first before deciding whether to proceed.

PS: Don't stay in the same place if you decide to sue the JMB. Bad idea. If you want to sue them, it's best to live elsewhere. If you have no alternative but to remain, I would advise you against suing them.

I don't understand the scenario, chief.