Hi Dario,
Am a purchase and the seller's loan has been fully settled. Earlier on you advised to lodge a private caveat as a prudent move.

When i look through the quotation given by my lawyer, only one private caveat appears under the loan agreement quotation but not under the SnP, is this the standard?

Thanks!

Yes the SPA is indeed similar to the sample attached. Also noted this is a common practice.

Anyhow, is there anyway as a purchaser to protect his/her right where the maintenance fees charged by completion are fair & just? Any clause in any other document covering this? Deed of mutual covenance?

Appreciate your advise. thanks.

Hi dariofoo. I got a question to ask. Can a non-bumi purchase a bumi unit? What is the steps that need to take?

Dear Dariofoo,

I'm planning to sell my condo with market price RM 280K.

Would you able to advise how much do I need to pay to the lawyer to transfer the strata title to new owner?

My unit already obtain the strata title in year 2011.

Thank you

Hell0 Dario Foo , i need to seek advice

My Neighbour Have Offend my Bungalow Land area.
fyi HE is an INDIAN LAWYER . He is a VERY ARROGANT person . He thinks that he himself is a lawyer , So Everyone have to listen to him.

Here goes the story. When he built his bungalow, He accidently offend my area because wrongly measure on the floor plan.

So When i start to built my bungalow . I notice about it , but since it is not a big matter , so i just leave it

But after that , When i start to make a Rear Extension (add roof etc) , This bloody lawyer MAKE A COMPLAINT towards MPS , and MPS gives me a saman and ask me to REMOVE all the roof extension.

Start that day onwards , I decide to seek for a Lawyer and sue him to get back my Land

ANY RECOMMENDATION Dariofoo ?

Yup , i have all the Proof , include floor plan from my surveyor ~

Do you think that , Majlis Perbandaran Selangor Able to take legal action towards them ?

or Other government office ? Like LAND OFFICE Etc ?

well u know . Government ppl all lazy and ULAR one ..
sure they throw this matter to me lol

Any lawyer can recommend to me ?

tq

Hi Dario Foo,

I need to trouble you for advice regarding my case:

I have rented my apt to a UK citizen and she went back to UK after 8 months (without fulfilling the 1 year tenancy agreement). On top of that, she has not paid the rental for 2 months (she claimed that she was going to pay or has already paid the outstanding rental before she left through facebook msgs and h/p msgs but she lied). May I know what can l do in this case? I still kept her msgs as proof. Will going to a lawyer and issue her a letter asking her to pay the outstanding rental help since she's already back in UK (I have her address in the UK)?

Thank you for your help.

Greetings Dario and everyone else..

My apologies first as this question was initially posted in the forum topics. I've closed the thread there.

I'd like to get some advice pertaining the position of being a middle man for the buying/selling of property in Malaysia.

Of late I've been approached by some friends who wants me to assist them in getting buyers for some properties..most of them are high end properties..vast lands..etc

If I'm not a registered real estate agent..or negotiator...would it be legal for me to attain the commission through the marked up price for this type of transaction? For the most part, the price of the properties have been marked up considerably by these folks and they have assured me the sharing of the commission should the deal materializes.

I was told by some quarters that as long as both the buyer and seller agrees to the middle men's role in the transaction as just a 'property matchmaker' then there should be no issues. Is there any validity to this statement?

Pls advice. 

Thank you.

i am so sorry to ask the wrong question @ the wrong section

Can i ask, if i sue him , can i Claim him for monthly rental ?

as he occupied my land for more than 10 yrs , in that case , i should be able to claim back some MONTHLY Rental fees for 10 YRS LOLZ

is it the right prosedure ?

I have a question here.. Do I need to withhold 2% retention sum (i.e. 2% of the sale considetion) and remit the same to the Inland Revenue Board as required under the Real Property Gains Tax Act if i buy the property from a property developer? The profits of the property developer would be subject to income tax.

1.Since the title is with the developer, the owner will not be able to sell it without my knowing, right?
2.If he really insists to sell, he will breach the snp and he shall pay me in double of the deposit, right?
3.Do you think I still need to do the private caveat?
4. It will cost about 1.5k for placement and removal.

Hi dariofoo,i just completed all process (include tranfer title) for buy my house, nearly get my house key in this week, but the previous owner want to claim the late interest before handle the key to me. Is it i need to pay the late interest to him?is it legal he hold my house key since the last balance $ from my loan bank lawyer already issued to him?lawyer already inform him the reason late because of developer late conformation on MOT between him and developer.If he still chasing the late interest, mean he will hold the house key forever, anything i can do to get my house key back?Now i already start the monthy installment but without house key, look like unfair to me.

dario..just wanna add another question on top of above question, what if new owner just break in since it already his 'legal' house right? it is wrong/illegal? usually people do change all the keys of house once they entered new house..

Hi lawyer...I am a newbie to property investment...I just bought a apartment unit 168k,leasehold..strata title not out yet..so...one of the lawyer quote me on below legal fee..is it reasonable?how to calculate one?SPA –RM4,810.36 2. Loan –RM3,077.82.
Hope someone could advise me on this.many thanks.

Hi dariofoo,my snp stated "The Vendor shall deliver vacant possession of the said Property to the Purchaser within three (3) working days from the Completion Date (the date in which vacant possession is delivered by the Vendor shall hereinafter be called “the Delivery Date”) failing which the Vendor shall pay the Purchaser liquidated damages to be calculated from day to day at the rate of Eight  per centum (8%) per annum of the total purchase price from the Completion Date up to the Delivery Date."

is it no mention LPI on my snp?is it i safe from this case?

- Is it normal to sign S&P and pay the 2nd 10% before loan approval?
- Does developer has right to forfeit the 2nd 10% payment if my loan is rejected?

Hi dariofoo,

I need some advise on the sales process of my current situation.
Just last week, I meet my sales agent and been paying for a sum of deposit to buy a new residence still under develop.
I had paid 1% deposit and sign for the temporary agreement, and this week the developer said that all order had been cancelled (including me there's around 10ppl in the list)
and the reason being give by them is the agent doesn't give any response and they didn't receive any deposit while the agent told me they had pass the deposit to them but they can't give any evidence beside the email conversation between developer.
The question is now developer deny is their fault and the agent is denied their fault also and now my load is approved and the problem is
1. should i got to sign the LO?
2. developer claim that the unit had been cancelled and sold while the agent said they has no fault and they want to file the case to tribunal pembeli rumah, so what can i do or how should i do?

Need some advice here. What if i paid the 2% deposit to a property agent and then only find out the following situations, am i still entitle for the refund of full amount or partial amount:

Case 1: Bank evaluated value is lower than what being told by the agent.
Case 2: Bank evaluated value is the same or higher than the purchase price. But i only got 80% loan instead of 90% loan as expected

hI dariofoo, I think it is ok right? I have done a case before, I know I am obtaining LTV 70%, the 1st 30% was paid by me to the developer, I only get my loan approved after I settle the 2nd 10%, everything seems alright. Correct me if I am wrong