Hi Dariofoo,

I got a situation here. I was in a process of buying a 2nd hand house 33 years ago. 10% deposit had been given to the owner. SNP was ready and signed. I've also singed bank agreement for loan. Everything went good.

After a while, bank has noticed me that the house cannot be bought due to the owner is declared bankrupt. It hangs there.

SNP lawyer suggested to sue the owner for not being honest not telling he is a bankrupt. But until today, nothing is done. I've taken my own initiative to deal with the owner for returning my deposit back as i didn't get the house and dont want to pursue my intention onto the house anymore. The owner agreed to pay back by installment. It's fine for me.

The thing is i've paid the lawyer. I would say he failed to do his job. Was he supposed to do property searching before proceed with anything e.g snp, etc? Can I get the money back frm the lawyer or my money is wasted already?

hi dariofoo,

I just bought an 2nd hand house with 8 years, apartment, leashold. Paid 3% booking fee. Assigning lawyer to prepare S&P, and applying loan.

My Qs is:
1. Shall I use the same lawyer of seller? (seller use same lawyer with developer, in the process of MOT now) Seller intend to transfer the Strata to my name directly, as the MOT just start.
2. How do I ensure the house tax, indah water, water & elec bills has been clear before hand over to me? Is this lawyer job?
3. Agent & seller try to persuade me to use same lawyer, to save time & money. But I not sure which part to be exactly saving money. Can you help?

Many thanks.

Hi, a simple question here.

I planned to operate a business, trading related shop. What is the requirement to operate a store in Malaysia? Any procedure I can refer to?

Hi, a simple question here.

I planned to operate a business, trading related shop. What is the requirement to operate a store in Malaysia? Any procedure I can refer to?

Your SPA lawyer is pretty smart - trying to deflect it and blame it on the vendor for not disclosing his bankruptcy. What the SPA lawyer ought to have done was to do a bankruptcy search on the vendor ASAP, preferrably before execution of the SPA and before the balance deposit changes hands.

What you need to do now is to sue your SPA lawyer for negligence. What money back are you referring to? Legal fees or the deposit?

Thanks for your feedback. I wish to have my legal fees back from the lawyer. I've settled deposit from the vendor after 3 years installment. What is the procedure to sue a lawyer?

Hi Dario Foo, good morning.

Hope u can still remember me. 

So.... new problems arise.

To make it short:

My bank has paid to the vendor the 1st payment to clear their loan with their bank since early of January 2012.

But unfortunately they are still dragging and keep delaying as at today. I am still waiting for them to hand over the documents required from the bank to my bank.

May i know:
1) Is there any legal way to force them to give the documents within a certain period? Their lawyer has been sitting with it until now.
2) The vendor is supposed to bear for the interest charged to me by the bank right?
3) They hav been ignoring my loan solicitor's letters (3 letters) which they request for the necessary documents. What can i or my loan solicitor do?

Pls help. 

I also have a problem...

I hv bought a hse about 3 years ago. The developer borne all the stamp duty & etc.

I am going to purchase an unit of apartment now.

Do i still entitle for the 50% discount on the stamp duty?

Do i need to apply for it?

Thanks in advance.

Hi,

I have a query.

Recently i have purchased a 2nd-hand unit and currently at the last stage (3rd month) where pending my SPA lawyer to submit final documents to my bank's lawyer in order for the bank to make final payment to the vendor. 1st payment from my bank to vendor's bank already done.

The delay is because pending for vendor to clear the house taxes.

I have obtained the keys from owner. Is it ok to start my renovation now ? Please advise as I'm rushing to get it completed.

There's no special procedure. Just appoint a lawyer to do the necessary to file a civil suit in Court.

You can also file a complaint with the A&S Disciplinary Board but that would be disciplinary action against the lawyer and has nothing to do with the fees, which you have to recover by way of a civil suit as stated above.

However, a complaint, especially one which goes through and gets a hearing date fixed, would definitely put pressure on the lawyer to settle with you.

Good luck.

1. Be careful. You can't share lawyers with the vendor. Only the vendor can tumpang your lawyer to do the redemption and discharge of charge/deed of RnR. I think what the agent n vendor is trying to do is to push you to appoint the vendor's choice of lawyer and then, you would pay full scaled fees while the vendor is the one who saves money, as the he doesn't pay full scaled fees. I'd suggest appointing your own lawyer as you're the purchaser and you would be paying full scaled fees nonetheless.

2. Depends on whether the lawyer includes it in the terms of the SPA. Most of the time, it is provided that all outgoings must be settled by the vendor in advance, and if there are any apportionments, it would be done at the end when the balance purchase price is handed over to the vendor.\

3. Vendor will be saving money. That's all.

I found out that to make a complaint at ASDB, they require fee for processing of non refundable RM100.00. Is it true? 

Hi Darifoo,

1. The vendor actually agree to share 50/50 S&P fee with us. What is the disadvantages behind?

2. If I appoint the bank panel agency to handle S&P and housing loan, does it make the overall process faster and better?

Enquiry: sub-sale property during under construction..

kindly advise what is the procedure?

Developer allows consent to transfer during under-construction period with penalty of 1%.

How new buyer gonna buy if they agreed on the new purchase price as the old SPA price btw seller & developer is the first hand price..

Another SPA has to be made? if so how is the existing SPA btw seller & dev?

Need to wait until VP only apply loan or buyer just apply loan directly after valuation can be fetched?

How about redemption from financing bank? Seller is ready to pay RPGT and exit penalty to the bank..

Thanks alot if can help