Once the booking form and 3% has already been paid, then there is a binding contract. Has the owner signed the SPA as well? Or is it just you who has signed it? What is the reason given for the refusal to sell? Of course you can either accept the deposit (plus whatever extra sum as stipulated in the booking form) as damages or you can enforce the contract by suing the vendor in Court for an order of specific performance.

Floor plan in relation to what?

Calling the land office from time to time would also keep them on their toes a bit. Sorry forgot to mention that.

Normally you will hand over the keys upon receipt of the balance purchase price in full.

Now you have agreed to hand over keys with 50% paid upfront to you. This itself is a variation from the usual way of doing things.

So, the answer to your question depends on what has been agreed between you and the purchaser with regard to the balance sum. There's no true or false answer as it depends on the contract. So please refer to it for your answer.

Kindly use the calculator at the first page to calculate your fees. Then you can compare with the many samples in v1 of this thread.

There is nothing secretive about it so I have no idea why your lawyer is reluctant about it. Maybe she doesn't know?

Is your property with or without title? Is your loan conventional or Islamic? It makes a difference. Let me know and I'll list it down for you.

Basically the docs which you should have a copy of are:

-duplicate SPA
- Title (Geran), in your favour once it has been presented and extracted
- Proof of payment of RPGT - plus CKHT forms

From your loan lawyer:

- Loan Agreement
- Duplicate Charge

Other documents which you may request to have a copy of to put into your file are:

-Letter from LHDN stating the stamp duty payable (It's a Notice)
-Form 14A (duly stamped,if possible)
-Correspondence to land office and/or LHDN
-Discharge of Charge
- Copy of duly paid assessment, quit rent and any other receipts paid by the vendor.

Yeah you won't have the title which states that the property is in your favour until it is extracted from the land office, though I doubt if it will take 4 months (if you're in KL/Selangor)

You can officially call it your own once you have paid 100% of the purchase price to the vendor and the vendor has given you the keys to the property.

If the delay is from the lawyer and you can prove it then you can contact them up personally and ask them to bear it. But first, to get your keys, you need to pay first and then you seek indemnity from them. To do so, you need to gather evidence first from the dev/bank and then you write to the lawyer. If you can't do so, then you need to engage another lawyer to assist you to write the letter to the bank lawyer.

If you want to wait for them to settle their part before you collect the keys then it is up to you. What I am suggesting is that you pay first and claim later so as not to delay obtaining VP.

I'll be a magician if I can tell you the answer to that,bro

What I can tell you is that there is no such thing as consent from developer in your case. It is just a letter of confirmation. It won't take long as it is not like consent from State Authority which can take months, even up to a year.


It's not just a simple transaction where you secure the loan and the money is just released. There is a flow in procedure which must be followed. Only at the end will be monies be released. The bank must secure their interest first. Your SPA ought to state a timeframe of 3-4 months. That is the normal time period in which the whole process would be completed, bar any delays.

What defects are you referring to? Is it serious?

Normally the SPA would provide that the house is sold on an as-is-where-is basis. That means the condition when you view the house in the first place would be the final condition the house would be, inclusive of usual wear and tear.

It doesn't matter what your lawyer says, or what people say.. What matters is what your SPA says. Time to open it up and read what it states. Is it sold on an as-is-where-is basis or does the vendor give a further guarantee at the end of the transaction? In 99% of cases, it would be the former.

For the latter, it has been done in a scenario where the property was tenanted and the purchaser requested that another inspection be made at the end of the transaction once the tenant has moved out. The vendor agreed and the SPA was drafted to incorporate that.

So, do look up your SPA and your answer would lie therein.

You've paid your lawyer to do the worrying for you, so don't worry. Questions pertaining to "how long would such-and-such be done?" are difficult to answer as it depends on other factors and other parties - like the bank, the vendor, the developer, the land office, etc. If the lawyer gives you an answer and later there is a delay, you will fault the lawyer and bind him to his words.

As long as it is completed before the completion date, there would be nothing to worry.


I would not advise you to do it first. Perhaps the majority would tell you that there's nothing to worry about and that you might as well proceed, you must always bear in mind that the worst case scenario can happen and if the transaction is aborted, you have to fork out cash to undo every renovation works and restore the property to its original position before handing the keys back to the vendor.

A usual SPA would provide for 10-14 working days for the vendor's financier to execute the RnR and return the said RnR together with the original SPA and other documents to the purchaser's financiers.

You've been waiting 1.5 months for the transaction to be completed, or for the vendor's financiers to return the documents? If the latter, such delay could be due to a missing document.

You can't just remove the name.

You and your cousin would need to refinance the loan, i.e. take a new loan, settle off the old loan and put your cousin as the sole borrower for the new loan (or another borrower who is residing in Malaysia, as you have stated). There would be legal fees and stamp duty involved just like before. With regard to penalty, if you take with the same bank, you can request for a waiver or reduction in the penalty, but whether the bank allows it would be up to their sole discretion.

1.5 months after docs return to your lawyer, you mean?

In that case, it is quite an unusual delay.

Once the docs are returned, the lawyer would:

1. Date the RnR and send it for nominal stamping and revoke the previous PA.
2. Date the DOA between you and the ven and send it for adjudication.
3. Date the PA and send it for stamping and registration.
4. Send the stamped RnR to the developer with other docs via a Notice of Assignment.
5. Send all the duly stamped PA, RnR, NOA, and other ori documents TOGETHER with the unstamped DOA and proof of submission to LHDN for adjudication ,to the bank to advise drawdown.
6. Cheque issued by the bank.

The eventual stamping and service of the DOA can be done later.

The above steps ought not take longer than 2 weeks,normally. Average would be 2 working days for 1-4, and 5-6 would take another 5-7 working days. Sometimes, even faster.

LAWYER'S CORNER WILL BE TAKING A BREAK.

Shall be away for an outstation trip and will be back on Monday night. All queries will be answered on Tuesday.

Your patience is much appreciated.

Any urgent queries, do post it out in the open thread.

If it involves the High Court then yes, it would be step 3.

Drawdown refers to the purchaser's loan, not yours.