Thanks! cause i have been waiting since last Sept 2011...the lawyer answer is..in progess...LOL...

Hi Dariofoo,

I'm refinancing my property. My loan lawyer had actually charged me entry & withdrawal of private caveat. Which i clarified later on, it was requested by the bank. My property is condo & strata title was issued out. Is it a standard pratice for banker to lodge private caveat? Pls advise. Thanks

In another note, I've called up my condo management to enquire about the strata title. According to them, developer has submitted the request since year 2009 but still pending at land office. Is that really take so long to get the title and is there anything the owners can do to speed thing up?

Is the writ of possession only being carry out in High court not magistrate court or civil court ?

If under Order 54 of Subordinate Court Rules, 1980,


Defendan must be filed in  14 days ( but not serve to plaintiff within 14 days)after the service of claim,

is time an issue?

if only serve to the other party in 32 days after summon being serve, or 21 after 1 st hearing,  7 days after 2nd hearing,

can plaintiff request for default of judgment (amount & course of action)? is it justify? what is the form no and how's the procedure?

Hi All,

I bought a house with my gf 2 years ago. Now we would like to transfer house ownership to my gf's mother. Bank advise us to do new S&P and new loan agreement (Our current loan still within lock in period and will be fined). My queries as following:

1.) Could we only do the MOT (treated as love and affection transaction) instead of new S&P?

2.) If new S&P is a must, could we have 50% discount on stamp duty because of transfers of immovable property between speficied family members?

Appreciate if you all can advise. Thanks.

I have a question about MOT. Is it common for vendor to bear the MOT if strata title issued before completion date?

Thank you.

Hi would like to ask, if its possible for me to get a lawyer to process my house purchase, S&P stamp duty, fees and so on which will be around 5k and to pay them only after ive withdrawn my EPF money?

Planning to buy a house, paying 3% deposit cash to book the unit, then getting a loan, and will get the letter from bank to go and withdraw $ from my account 2 to pay the remaining of the deposit. can i only pay the lawyer once ive withdrawn my EPF money?

hi dariofoo,

I've a property still under transfer to new ownership period. The purchaser lawyer require me to sign a power of attorney for purchaser to sign on behalf to transfer the strata title to their name.For now, we still pending for purchaser bank to release first disbursement to my bank loan. As i hardly understand the law jargon in their contract, is this procedure legal necessary? i don't want to end up in trouble.

thanks dariofoo,

My own lawyer says this PA contract is to allows them to transfer the strata title of this property without hassle to get my signature after property transferred. This is special request by purchaser. They will not advice bank to release 1st disbursement until i sign this document. That is why i feel unsecured of this procedure.

Hi sirs,
I've got some question regarding insurance in Architecute/ constructing biggrin.gif please do help me out here.

1) If there is a construction building starting on the pilling, the company will surely buy insurance against adjoining property right? biggrin.gif so damage done against that building during construction or pilling will surely be insured. But if the adjoining property or neighbour property is a hospital and there are like old people inside or sick patient. What will happen if during piling the vibration/sound/lack of sleep killed some patient or old people? What insurance should be bought? What steps should be taken?

2) Let's say there is a building and there's like 10 floor in the building. Each floor is owned by different company such as ; 10th floor=OCBC; 9th floor=Alliance Bank ; 8th floor=Maybank ; 7th floor=great eastern ; 6th floor=great western ; 5th floor and onwards. Each of them bought insurance against Fire. Erm... Fire Safety Insurance.
Alright? Now all of them bought the same type of insurance that is against fire but all from different insurance company. So there is 10 company/bank bought Fire insurance from 10 different insurance company. What would happen when the building burn down? What would the insurance company do? Would each of them be given new building? How is the compensation givin out?

Hi,

If I only do the MOT (love and affection transaction), shall I still need to pay the stamp duty fee as below rate:

First RM 100,000.00 = 1%
Next RM 100,000.01 - RM 500,000.00 = 2%
Next RM 500,000.01 - RM 2,0100,000.00 = 3%

Thank you!

Hi dariofoo,

read ahya2009 case, i would like to confirm writ of possession must being carry out in High court or magistrate court or civil court ? can it be small court ?
The tenant breach the contract but the term of contract only coming to end half year more. The landlord file in small court
Under Order 54 of Subordinate Court Rules, 1980,
is time an issue defendan must be filed in 14 days only or must filled in and serve the plaintiff within 14 days?
if plantiff serve summon to pay and vacant the possession, the court postpone. 2nd hearing defendan file in F165 but refuse to serve plaintiff. 

1)Defendan only serve AR to plaintiff  but without F165 inside envelop
after  30 days after summon being served to him, or 18 after 1 st hearing, 4 days after 2nd hearing (sorry not 32, 18, 4 as the notice card stated later date)

what can plaintiff do? plaintiff want to buy. the clerk say not available.

2)Defendan only serve AR to plaintiff  but without F165 inside envelop but cheque inside
after  30 days after summon being served to him, or 18 after 1 st hearing, 4 days after 2nd hearing (sorry not 32, 18, 4 as the notice card stated later date). is that mean that defendan alreay restore the breach and plaintiff have no say and the contract keep on

what can plaintiff do?

can plaintiff request for judgment in default of serving (amount- rental & course of action- vacant possession{can small court do that}) base on timing ? is time justify to which is defendan only serve plaintiff 30 days after summon or 18 days after 1st hearing? The defendanis a very problematic person, haunted plaintiff day and night.  what is the form no of judgment in default? and how's the procedure? Is very subjective right up to Courts.

What is the best solution? to withdraw the case from small court and asked for lawyer to handle?

Hi dariofoo,

I paid RM800 for disbursement fees to the developer's lawyer. RM400 covers miscellaneous, which include Land Search, Transportation, Document Fees, and Other Miscellaneous. The remaining RM400 is for Registration for Transfer (the lawyer mentioned that it's for registration of document of transfer at Land Office from developer to my name - Individual Title). Is this referring to the CKHT form? Is the amount for disbursement fees reasonable? Please advice...thanks in advance!

Hi Dario, can you please advise on above quotation whether it's reasonable? Thanks

Hi,

I bought a house with my gf 2 years ago. Now we would like to transfer house ownership to my gf's mother. Bank advise us to do new S&P and new loan agreement (Our current loan still within lock in period and will be fined). My queries as following:

1.) If I do the MOT (love and affection transaction) instead of S&P, shall I still need to pay the stamp duty fee as below rate:

First RM 100,000.00 = 1%
Next RM 100,000.01 - RM 500,000.00 = 2%
Next RM 500,000.01 - RM 2,0100,000.00 = 3%
Thank you!

Thanks for reply 

1) Well, i guess as much that there won't be such insurance. But there is insurance for "damage against adjoining property" but that is only property. This is only an if there's a construction nearby a hospital. What could the construction company do to protect themselves? If it's not claimable what can they do? 

2) JMB/MC? What do you mean pro-rated according to units owned?    can anyone help please?

Hi dariofoo
 
    I’m  doing a clean transfer with "love and affection from husband to wife" as consideration via a memorandum of transfer (MOT). The lawyer says I need to do consent because the state authority request it when do name transfer, may I know is this true?

So JMC/MC exist in every building?

Dario, how are you? I got some problem to trouble you again.
For my case, my bank has released the first payment to the vendor, now I'm waiting for the second release. There's been over one month ++ since the first release, I call the lawyer she said they are waiting for original document, I ask her what is this she didnt explain to me clearly. I wanna ask you Dario, what is original document actually? I can't wait for doing renovation of my apartment, can I request keys from her to do my renovation instead of waiting the second release? Hope you can give me some advice!

Thanks!

Hello,

I tried the search function but couldnt find a post related to this matter.

I am a first time house buyer. I went to 4 banks to apply for home loan. Only now that I realised that one of the bank, in the disclosure sheet, it says that if I rejected the loan once offer letter is issued, I had to pay 1% of the total loan (yuran pembatalan). Is this true? Does it apply to all of the banks? None of the bankers did mention to me about this!

FYI, I went to RHB, HSBC, Al Rajhi and also Maybank.

Thanks for any answer.