Same question posed before and answer at post #855 at the last page.

2 weeks is not a long delay at all. Give it a bit of time. The bank needs time to find the docs too, chief.

If seller delays, the completion date will be extended for the benefit of the buyer. There's no late interest. Seller only will have to pay late interest if the purchase price has been paid in full and there is a delay on the part of the seller to hand over the keys.

What do you mean Buyer had been paid in full? Did you mean Seller?

I've already answered to you in detail on the procedure in my post dated 28th Feb 2012. With all due respect, why are you repeating the same questions again?

No,it doesn't.

I don't understand what you mean. Sorry.


Loan lawyer, unless purchaser is buying in cash.

Thanks for the clarification.

No,bro. As buyer, the completion date will be extended in your favour if there is a delay by the seller.

The completion date will be determined again at the end when keys are handed over.

Any questions relating to any topic in law are welcomed. A breath of fresh air,really.

When it comes to medical negligence, the question which has to be determined is - what losses did you suffer? In other words, what aggravated injury or physical harm occured to you as a result of the alleged negligence? Only then can the damages be quantified.

Sorry but I've never heard of this exemption before.

1. Why not? No conflict. Save costs depends on the bill but I doubt if there's any savings because they are two separate properties.
2. You pay for your own lawyer which you appointed. Simple as that. No sharing.

This depends on the instruction and choice of the vendor. And it will be reflected in the SPA. Check the finalised SPA before proceeding. If it is stated that it is to be paid directly to vendor then so be it. Of course it is safe as the SPA itself provides it. This means the vendor agreed to it.

Why does your lawyer say that is is premature at this stage? He must know more facts of the case than what you have stated here.

Yes

dreamadream:


1. Normally it is upfront. See what your lawyer says.

2. You can pay it now itself (directly in favour of the vendor's solicitor's client's account as stakeholder) but you can pay at any time with the last minute would be before your financier releases the loan sum. They must be assured that the differential sum has been deposited with the vendor's lawyers (or with your lawyers if the vendor is not represented) as stakeholder. Without it, the final release will not take place and things will be at a standstill.

3, Procedure:

1. SPA signed and stamped. In the interim, a caveat ought to be lodged over the property by you (or if you think you want to save costs since the bank will be lodging a caveat as well, then you just wait for the bank to do so via the loan lawyer).
2. You apply for a loan and next step would be to execute the loan documents.
3. Loan lawyer writes to vendor or his lawyer to obtain his confirmation and undertakings.
4. Bank gives an undertaking to the vendor to release the loan.This is for unencumbered properties.
5. Vendor hands over original strata title and other original documents to your lawyer.
6. In the interim, MOT can be sent for adjudication.
7. LHDN will issue notice of stamp duty to be paid upon MOT.
8. Your lawyer pays stamp duty and gets MOT stamped.
9. Your lawyer presents MOT, withdrawal of private caveats forms, and charge in favour of your bank at the land office.
10. With presentation receipt and other ori docs, your loan lawyer advises bank to release final drawdown.
11. Bank release cheque for drawdown of entire loan sum (85%).
12. Your lawyer hands it to vendor or his lawyer, and keys are exchanged together with apportionment of outgoings - end of transaction.

Important documents? SPA, loan agreement and other agreements plus correspondence.

4. Keys has nothing to do with the documents to show ownership. The keys are from vendor. The docs are to be compiled and handed over to you by your lawyer. That can be done later. Copy of geran/title is proof of ownership.

5. Haha. No comments.

alan44:


1. No it is not illegal but there is a way to go about it.

2. No. Only one SPA is needed. It will state the higher price but there will be a side letter whereby the vendor agrees to give you a discount of RM25,000.00 and a letter of authorisation to his lawyer to automatically deduct it from the balance purchase price and hand it to you.

3. Not only too late, but there's no point as there's nothing in black and white. Your lawyer would also not want to get involved in this.

4. What's the point of hiring another lawyer? Plus, there can only be one SPA for a transaction. Another SPA has no legal effect whatsoever. Assuming even that even if it is valid, there's no way the vendor is going to sign another SPA.

5. Without anything in black and white, it's as good as your word against his. Having friends as witnesses does not help either it does not lend your case any credence. It is almost impossible to prove your case against him. Probably you can lodge a police report for cheating against the vendor but once again, without anything in writing, it is highly unlikely that the police will act on it. They would most probably say it is a civil matter and advise you to appoint a lawyer. Even if you appoint a lawyer and intend to sue the vendor, it would be difficult to prove your case without anything in writing at all.

If the agent really wanted to help, he ought to have advised the purchaser to appoint his own lawyer to protect his interests in light of this 'special arrangement'. Don't be surprised if the agent is part of the whole scheme of things. I don't think the agent would want to get involved in this.

Medical negligence is such that compensation claimed for must be as a direct consequence from the negligent act complained of. Thereafter, the loss arising from the said consequence must be determined. After that, the loss would be quantified based on the nature and severity of it. For example, as a result of the doctor's negligence, the patient's foot from the ankle downwards had to be amputated. As such, the loss of usage of the said foot can be quantified. So can loss of income (assuming that he can no longer perform his current job due to the disability, eg he's a driver). So his salary and allowances would calculated until his date of retirement and reimbursed to him.

In your case, while you have stated the facts of the case, you have not stated much of your loss apart from "i've only got disappointment,frustration and a deep useless surgery wound that might takes more than a month to fully healed/recovered.". Correct me if I'm wrong.

I cannot advise you as to the extent and severity of your loss as I'm not a medical expert. As such, I would advise you to obtain the services of a specialist, in this case, a gynaecologist, who can study and analyse the treatment performed on you and give a professional medical opinion if there was negligence on the part of the doctor in attendance.

The specialist can also tell you if there are any long term effects to your condition. That would help determine more losses to amplify your claim.

From there, you ask for recommendations for a lawyer who specialises in medical negligence (patient/plaintiff). There are firms who specialise on this side of the fence. Don't make a mistake of approaching one who acts for doctors alone (defendant lawyers - mostly on panels of insurance companies).

That specialist must also be willing to attend at Court to be a witness on your side. You must make sure of that. No point of he prepares the report but refuses to attend in Court. That would make the report of little weight and effect in the eyes of the Court. So one of the first questions you need to ask him is whether he is prepared to do so.

The thing about medical negligence in Malaysia is that some specialists/experts do not want to get involved in the trial, as the belief is that, "Today I'm a witness against a fellow practitioner as a defendant, tomorrow I may be a defendant and a fellow practitioner can be a witness against me to my detriment." As such, experts from overseas have to appointed. These costs money, and you would have to fork out the costs of it.

As such, before you embark on this, you need to consider yourself whether it would be fruitful in the end as you would not want to spend a lot on costs and not be able to recover enough after the trial to cover costs as well as legal fees.

Good luck

Yes it is common to leave it empty.

Your agreement should be similar to this sample Schedule H SPA:

 Schedule_H.pdf ( 61.91k ) Number of downloads: 37


As you can see, the exact amount is never stated. It will be stated in the Form which will only be given to owners after the property is completed when they collect the deposit for maintenance.

Not necessarily. Check with the developer if the particular unit has been listed as a bumi lot. Best way to get a definite answer.

About land office, it depends on your luck. Sometimes they're efficient, sometime they're not. But they have improved, I have to say. So to say for sure if they would delay, I don't dare to do so.

Overall process is complete once the MOT has been presented for registration and the charge registered as well. Only then would the bank release the balance loan sum.

1. Bank P won't do that. They would insist on the documents to be handed over to them, irregardless of the delay.
2. Gotta get the lawyer to keep on pushing Bank A. Perhaps even write a complaint letter to Bank Negara if it persists.

The agreements are essential but if it is confirmed that it is lost, perhaps a certified true copy or a duplicate copy, duly stamped, would suffice (depends on whether Bank P would be satisfied with same). The most important document is the Deed of Assignment, actually. That shows the trail of ownership.