You're going through an agent? Make sure that the letter of offer to purchase (booking form) has been signed with the chop of the persatuan on it. At least you know that the intent to sell is official. You can request for a copy of the title to do a check now itself, if you have any doubts.

Copy of title refers to the geran/grant or "gran" as you spelt it. Same thing. From there you can see the registered owner of the property.

What do you mean the lawyer is the persatuan's lawyer? You mean the agent is referring you to appoint a lawyer who is coincidently the persatuan's lawyer? As purchaser you need to appoint a lawyer, and the vendor can 'tumpang' your lawyer. If you're going to appoint their lawyer to purportedly act for you, I don't think that is a wise decision. You might as well appoint a lawyer of your own choice. Ask family and friends for recommendations.

Good luck on the meeting then. If you do decide to make payment of any amount, make sure that it is paid to the party who is authorised to receive payment (unless payment is made directly in favour of the persatuan). Don't pay cash to anyone. Insist on a receipt, or acknowledgement of receipt of payment.

Is there an outstanding loan on the house? What about the car? Is it on hire-purchase or was it bought for cash?

Insurance - nope. EPF i'm not sure, but I strongly doubt if that can be garnished. Most of the time it's bank accounts which are frozen and then garnished to pay off the creditors.

Tools of trade would refer to the tools of a plumber, electrician, carpenter (examples) used to ply their trade. All those can't be touched by the creditors.

This post has been edited by dariofoo: Dec 18 2011, 11:28 PM

No point transferring name of the car to your mum as the doctrine of 'relation back' would apply and it would nullify the transfer. This transfer is what the law terms as a 'fraudelent conveyance' and is an act of bankruptcy contrary to the Bankruptcy Act.

Just sell it off now (not to a family member - sell it to an independant third party) and perhaps get a cheaper car. If the bank still has a charge over the property then the creditors can't touch it.

I came across this book not long ago and I thought it was a really informative book and everyone who has a case against a bank (or a potential case) should invest in it (RM15 only!) and read it.

How to Represent Yourself in Court to Fight Banks

http://www.mphonline.com/books/nsearchdeta...e=9789673204472

If your dad's situation is indeed perilous and if he is on the verge of bankruptcy, you might want to get him this book to read and start preparing.

Community wants to sue the director in charge?

In a civil suit, the legal right of a party to sue or be sued must first be ascertained. This is called locus standi .

Let's start with the party who sues - who represents the community? Is it each and every individual owner in the list? Is it the Joint-Management Body [JMB]?

Who is sued? - Who's responsible for the money? What do you mean by management office? Is it the office of the JMB? Or is it still a Management Corporation (MC) if not JMB? Is it a Managing Agent who has been appointed by the JMB to run the show with regard to management of the condo?

If there is an external third party involved like the Managing Agent - then it could be a case between the JMB vs Managing Agent (most likely a Sdn Bhd - as you mentioned that there is a director is involved).

The Sdn Bhd is a legal entity by itself. As such, the directors would not be personally liable out of his own pocket to pay any compensation ordered by the Court in the event the Sdn Bhd loses the case. If the Sdn Bhd is sued and loses the case, it has to pay out of whatever monies and assets it owns under its own name. The directors (all of them - doesn't matter who holds more responsibility) cannot be made liable personally.

That is with regard to civil liability.

With regard to criminal liability, it does seem like a case of Criminal Breach of Trust (CBT). In such cases, the perpetrator would be an individual. Of course the 2 staff would be called up for questioning. If A is involved in the day-to-day running of the Sdn Bhd's affairs in the condo, he would be called up too.

Under Section 406 of the Penal Code - General CBT, the sentence is minimum 1 year and maximum 10 years jail AND whipping AND fine.

Under Section 408 of the Penal Code - CBT by servant or agent - in relation to the 2 staff - same sentence.

To answer your question - in particular if A can be sued personally in a civil case to pay up the 200k- the answer is No.



This post has been edited by dariofoo: Dec 19 2011, 03:10 AM

1) When it comes to legal jurisdiction, Labuan is considered part of Sabah. Cases from Labuan fall under the jurisdiction of the High Court of Sabah. When it comes to tenancy agreement, I don't think it makes much of a difference. Look at which is more convenient. Perhaps a lawyer based in Labuan itself can offer lower disbursements as they would not need to travel further?

2) Can't advise much without further facts. There must be a reason for the delay. Can't just assume and blame the lawyer. Get an explanation in writing from the lawyer - probably a chronology of events for the past two years. Then you would be able to assess the situation more clearly.



This post has been edited by dariofoo: Dec 22 2011, 01:37 AM

The lawyer is referring to revocation of Power of Attorney (revoke PA is the common term used). Unfortunately, Shah Alam Court is very very slow when it comes to revocation of PA. If KL Court it can be done on the spot. For Shah Alam easily have to wait 2 weeks at the earliest and as for latest, there is no limit. Depends on the efficiency of the staff who is in charge. Your lawyer has to keep following up. Furthermore, as it is end of the year and holiday season, it is usual for things at Govt offices to progress slower than usual.

For leasehold with consent, it is usual for SPAs to take 6-9 months to complete.

Hope yours can be completed soon.

It shouldn't take very long. There's no charge or assignment to a bank in exchange for a loan right? If title is clean then transfer can be done very fast.

Write to your lawyer and ask for a written chronology of events for the past one year. Give them 7 days to reply and state that failing which you will file an official complaint with the Advocates & Solicitors Discip Board. Then wait for their reply. Come back for further enquiries.

For Semenanjung Malaysia, under the SRO - it is fixed at 25% of monthly rental or RM300, whichever is higher. For East Malaysia, I'm not sure.

Time starts to run from the next working day

He can't put it up for sale when he has agreed in a written contract to sell it to you.

The clause will only apply if the vendor has indeed applied for the title and he failed to get it extracted within 18 months.

If he did not act on it and merely waited for time to run, then he cannot rely on that clause.

Time to check with the vendor as to the status of the strata title. It's been too long. He's probably not following up and merely waiting for time to end, just to frustrate you and try to sneak out using that clause.



This post has been edited by dariofoo: Dec 24 2011, 07:09 PM

This is the right section. Welcome.

Sounds like breach of contract by the contractor against your parents. I hope that there is a detailed quotation given out by the contractor which both parties have agreed and signed.

If cakap mulut contract then how you want to prove that he agreed to do the whole thing for RM100K?

The next step is to see a lawyer. But before that you better weigh all consequences if the contractor is still in the house, doing work. Remember he can sabotage things. Perhaps tell him to stop work first and get his things out for awhile. Then seek legal advice.

Hope it is detailed enough then.

Your parents would be better off getting a lawyer to sort this out. With all due respect, the tribunal is mostly used for minor disputes and it would not be much of a "threat" to the contractor if you resort to that. A formal letter of demand would be better in these circumstances. Just my opinion.

Your lawyer ought to follow up with the vendor, or the vendor's lawyer, at least once a month. Check with your lawyer.

It's not wrong by law, it's just ridiculous for assilah not to insist on the charge to be created as she will not have any security over the property, in the event abu does not want to pay, and then transfers it to another party to defeat her interest. Unless assilah is not really interested in the property and she is confident that she can sue abu in his personal capacity and make him pay via other means?

Registration of Form 16A does not cost more than RM100 and stamping is a mere RM10.

Tell assilah to think twice. Unless she has an ace tucked up her sleeve.

For landed properties, it is called individual title. The actual term is Issue Document of Title (IDT). That is the original title which is given to the owner (and most often is kept by the bank as security for a loan given out)

It's individual title.


Condos, apartments and even gated and guarded community schemes are strata title.

Master title refers to the title of a lot of land (or several lots of land) where a condo/apartment project is to be built and where strata title will be issued subsequently upon completion of the project. So basically the master title would be subdivided into strata titles - which are individual titles for such projects.

Is the property still encumbered to the bank? Or is title clean?

Please compare with the samples in v1 of the thread. There's plenty there. Please bear with that until I prepare the sample Note of Charges and put it up at page 1 of this thread as I had stated I would. Been busy as I celebrate Christmas.

Disbursements can be reduced. However, requests for reduction is often done at the beginning of the transaction, not at the end.

Is it a private caveat?

If it is a private caveat, it can be removed via an application to the land office by the land owner, whom in this case would be the Official Liquidator or a private firm acting as liquidator. However, in reality, they would be hesitant to do so as it would incur more costs for them. The liquidator's job is to sell of the assets and deal with the liabilities of the company in liquidation with the lowest costs spent possible.

The other alternative is for your lawyer to write to the caveator directly and seek his consideration to remove the caveat, as the developer is in liquidation anyway.

Yes, the particulars of the caveator would be in the title search. Name and address. Some title searches (weirdly) would only disclose the name and ic number (or company name and regis number), so you'll need to go one step further and conduct an IC/Company search to get the address.

All the best.

Cheers for taking the time to do so. Knowledge is power.

If you're free you can start with v1 of this thread as well.

Haha. I think this is the place

PS: Checked out your website. Your portfolio is pretty impressive. 


This post has been edited by dariofoo: Dec 30 2011, 01:32 PM