Hi Dario,
Your advise is sought.
We intend to buy a new landed property from developer but were told the Sales & Purchase Agreement is based on schedule H.

Details of of the property:
1) landed property (under con)
2) gated & guarded
3) strata title
4) leasehold

There are many similar properties as above but mostly is based on Schedule G.

Would like to know what are the differences between Schedule G & H and its implications:

Thanks

Thanks dariofoo.

How long does transfer of consent normally take? Mine is already almost 3 months. Yes, vendor has his own lawyer. Any method to hasten this process? They have submitted application its just waiting for it to be done. I feel like there is no protection for the buyer in this case. This can drag on for years and years... and nothing I can do about it right.

Hi Dario,

I'm interested to buy 2nd-hand low/med cost property, but I'm unable to find any info online about relevant regulations or policies. Can you advise?

Thanks in advance.

its actually pending vendor bank to release the title, vendor informed that she already settle the outstanding, but SPA lawyer keep telling that the vendor bank still not yet release the title....

My developer still haven't release key although it's already past due in the S&P (2 years)...should I consult with the lawyers on the daily penalty? Am I eligible? (Reading the S&P seems eligible) Just that they sent me a letter last month saying they need to fix a few things (Stairs due to hear clearance, Party wall material, and also relocation of TNB's meter)..It's 99% finish to my eyes but I guess they're pending CF..

Thanks for the reply..btw what's VP stands for? Can I ask the solicitor who's appointed by the bank?

hi. i would like to share a scenario that happened to my family and hopefully you guys can give me some advice..

so there's this house in damansara that we're living in and thought of buying.. we already told the owner we will rent and if we feel comfortable, we will buy.. so the couple agreed and rent it to us..

after one year staying, my family kinda like it and wanted to buy.. but suddenly the owner refused to sell.. and raised 30% or so of the rental.. total rental per month is close to 5k for a 2.5 storey house. =.="

so ok nvm, my family cool with it and at the mean time keep persuading the owner to sell..  finally, in march, the owner agrees to sell it at 2.6 mill.. despite crazy hiked up price, my family said ok and agree to sign contract in june as the owner will return to malaysia from taiwan..

now out of sudden, the owner would like to raise the price to 2.8 mill.. saying that they consulted the bank and the house is worth 3.1 mill.. (what nonsense). of course, my parents are very mad and refuse to buy...

then now this property agent kept pestering my parents by saying if we are not buying then she will have to hang the 'for sale' sign..  and also kept calling and calling and disturbing my siblings as my parents are always not home..

the thing is.. we signed the rental contract when they decided to raise the rental that we will rent this house until nov, 2012.. so i was wondering if i can help my parents in any manner?? my parents are so mad that they are just scolding and scolding but i dun really know what else can we do..

Who shud i charge the 8% per annum after 90 days after S&P if there a delay, the lawyer or the buyer?

So here's my questions:
1. Am I partially on fault for not chasing the solicitor on the loan disbursement in the first place? FYI, it was my 1st house purchase and I thought the lawyer will handle everything for me.... 
2. On the legal perspective, can I get the solicitor to compensate my late penalty?
3. Can it be a full compensation?
4. Since she kept 'forgetting' and avoiding my request, what can I do?

Please advise as I am very very upset with this irresponsible legal firm! 

hi dariofoo..
Received from my lawyer below calculation, is it correct?

Hi Dariofoo,

You've been very helpful... really surprised by the fact that I can get decent legal advise on lowyat.net. 

Since the bank already provided me a full chronology while the developer had admitted some of their mistake and gave me some discount, I will only focus on the lawyer. In fact, the battle was only between the bank and the lawyer as they are pointing fingers at each other. Will prepare the letter accordingly.

On the other hand, I recently experienced an almost 40% increase on my maintenance fee and was informed that it was due to the common area electricity being charged as commercial rate instead of residential rate. The developer claim that TNM rejected thair claim to charge residential rate because "this building is considered a high-end condo." They further explain that under the TNB dictionary, even the land title is Residential, they will still put us under commercial rate... is that true? I have check the master title and it mentioned "Tanah ini hendaklah digunakan untuk bangunan kediaman bertingkat bagi tujuan pangsapuri sahaja". I'm really confused now as it was never mention in the S&P whether this is a residential or commercial title. Any advise? The increase is just too much to bear. 
Wonder why I had so many problems with my 1st house purchase... really headache.

Hi dario,

I intend to buy a land. From what I know for now the land was a 'kurnia' from the state government to the owner. Just one year plus, freehold although it going to need consent from MB to sell. Now I was told that such a 'young land' would not get approval for the consent and I was suggested to do Power of Attorney (that I will pay the selling amount the the owner and he will lose his right over the land). In the meantime, I will have to reapply for the consent over and over again. What's more, the owner and the family member will not able to reclaim the land. Is this true? I have doubt about this.
I did try to consult other lawyer, they said PA will only worked on the owner. If the owner passed away, the children will have the right to claim back the land. Lawyer advise to apply for the consent and submit together with S&P. But warned me that in case consent not approved, I need to bear the risk that the owner would not willing to repay the deposit that I had paid. I'm in dilemma now, what can I do in order not to be in the disadvantage situation? I wish to buy this land despite all this hassle because it is the most suitable for the project I had in mind. 
Thank you.

Dear Dario,

Appreciate if you could help me on this related to my relative issue on his housing loan.

My query is on litigation of property loan. What happen if housing loan is not been paid for over than 10 years and suddenly the bank just started litigation process.

For all the while, not a single letter received by the bank on default payment. Is there any time-barring for recovery particualrly in property loan?

hi dario, i juz receive a call from bank and ask me start installment next month, but my lawyer said still need to wait for the title from pejabat tanah then only can get the key, is it normal?

Thank you very much Mr. Dario.

Appreciate your reply to enlight me on this. But, to be more specific let say he took the loan in 1980 and last payment made was 1990 with some remaining balance. Then, he started to default until now i.e. about 22 years due to loss of income since he had road accident which affects its ability to work.

The bank only started legal recovery this year with enormous interest charges which he cannot afford to pay i.e. at least 1.5x than original loan amount.

So, if he cannot pay and deliquency of more than 12 years, will the bank has the right to foreclose his house?

Hi there, I've got some questions regarding rental issue..

I have rented out my house to a company that is involved in kinder garden business. Rental agreement has been signed. The thing is, they have not paid the rental for past 3 months...

In the agreement, it is stated that I can re enter the house 3 days after the due date for payment.

My questions are,

1. Can i reenter my house after making a police report based on the agreement?will I be at fault legally?
2. Can i just seize back my property since it is used for business purpose?
3. Will it be wise(financially and time) to sue the company for not paying rental and refusal to repaint back my house?
(I estimate the total amount including rental in the region of 10-15k)
4. If I wish to lodge a complain against this company, who should I go to?

Please advice. thanks

1. What if i were to enter the house together with the police?

2. The problem is I dont even know where the main office of the company is to serve a written notice..I used to communicate with them by email.So is giving notice by email considered valid?

Many thanks for your prompt reply

hi dario,

kindly assist me in answering this question.

i bought a property (townhouses with one block of apartment) last year around apr 2011. signed s&p and loan approved already.

but up to now, not much have been done construction wise. only the piling still (it is a 3 year project). however what upset me the most is that the developer has changed the master plan and add on another block of apartment and reduce the no. of rows of townhouses.

i feel cheated because i when i did signed for this new plan. i feel this makes it a higher density area and less exclusive.

so, if i want to withdraw my purchased in view of the above matter, will i still be penalized by the developer and the bank? do i still need to pay to get out of this (the bank has not disimbursed yet)

Good morning Sifu ...

Can help me check on the lawyer fees? Property price is RM 710,000