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 Lawyer's Corner v2, One-stop centre for any legal queries

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TSdariofoo
post Jun 5 2012, 01:38 PM

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QUOTE(kenji1903 @ Jun 5 2012, 10:50 AM)
just a quick one, for loan redemption, how is the lawyer fee calculated?
also what other legal fees do i need to pay?
*
Property with title or without?

QUOTE(kenji1903 @ Jun 5 2012, 10:50 AM)
maybe if you have time, can explain the process? tongue.gif
what i know is:
1. tell bank you want to redeem
2. bank calculate balance and give letter
3. prepare legal docs for title transfer
anything else i missed or is it wrong?
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1. The lawyer you appoint will draft a letter requesting for a redemption statement (RS) from the bank.
2. The bank will issue to your lawyer the letter with the amount due.
3. You forward a cheque for the sum to your lawyer.
4. Your lawyer will prepare a discharge of charge/deed of RnR (to be executed by the bank), as the case may be, and forward it together with the cheque to the bank.
5. The bank will return the original title/DOA and other original documents back to you together with the executed discharge of charge/deed of RnR.
6. Proceed with stamping/registration of discharge of charge/deed of RnR.
7. All documents will be handed over to you for safekeeping.

This post has been edited by dariofoo: Jun 5 2012, 01:39 PM
TSdariofoo
post Jun 5 2012, 01:40 PM

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QUOTE(MysticJewels @ Jun 5 2012, 11:21 AM)
As its commercial title, wonder if its govern under HDA which states developer needs to refund in full.
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Commercial properties are not governed under the HDA.
TSdariofoo
post Jun 5 2012, 03:59 PM

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QUOTE(kenji1903 @ Jun 5 2012, 01:46 PM)
strata title

if i don't appoint my own lawyer, bank's lawyer will be doing the same, right?

how much are all the above mentioned the legal charges usually?
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Discharge of charge - RM300 (fixed)
Registration of discharge of charge - RM70 - RM100.
Disbursements - RM100-200.

Better to appoint your own lawyer. Later when you sell the property you can use the same lawyer as well. Build a relationship. icon_rolleyes.gif
TSdariofoo
post Jun 6 2012, 12:35 PM

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QUOTE(1282009 @ Jun 5 2012, 08:31 PM)
Hi Dario, thanks for your feedback. The loan is settled but there's no selling involved here, not sure why purchaser is in the picture?

My case is actually similar to Post #1151 above.

Thanks.
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Sorry about that. So it should end with the original documents handed over to you for your safekeeping. icon_rolleyes.gif
TSdariofoo
post Jun 6 2012, 02:02 PM

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Care to give more details? Not fair to just name the firm but don't provide further details apart from saying that their service is bad and that they are dishonest.

Are you aware that dishonesty is a professional negligence on the part of the lawyer? He can lose his license to practice if you can't prove your allegation.
TSdariofoo
post Jun 6 2012, 04:41 PM

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QUOTE(Stamp @ Jun 6 2012, 04:10 PM)
And the lawyer can sue you for slander if you can't prove your allegation, right dariofoo?
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Defamation, and libel, to be precise. Slander is defamation by way of spoken words while libel is defamation by way of print.



QUOTE(Stamp @ Jun 6 2012, 04:10 PM)
I suggest you remove the name and address of the lawyer, and file a complaint against the lawyer with the Bar Council.
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I think the name can remain. There's nothing wrong. Just as long as he justifies it. We can wait for a reply. Otherwise, I will report it to the mods to delete the post as there would be no further justification to have such a post.


QUOTE(Stamp @ Jun 6 2012, 04:10 PM)
p/s Hopefully the Bar Council is not too busy with their pro-bono work with Pakatan Rakyat and NGOs aligned to PR.  tongue.gif
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Care to justify that,bro? smile.gif

You are aware that your statement is imputing that the Bar is not neutral body as it professes to be and that it is pro-Opposition. That itself is libel. smile.gif
TSdariofoo
post Jun 7 2012, 10:30 AM

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QUOTE(nicemamak @ Jun 6 2012, 04:44 PM)
Thanks for all the comments and advise.......i just removed.

I did not know it is such a big matter to share it here....
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No one said it was a big matter, nor that it was wrong. Just asked you to provide more details on your complaint against the firm, since you used very strong words. Anyway, since you have deleted it and do not wish to share it, we respect your right of privacy and wish you well. Cheerios. icon_rolleyes.gif
TSdariofoo
post Jun 7 2012, 10:33 AM

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QUOTE(mrkenjiro @ Jun 6 2012, 05:01 PM)
Hopefully someone can shed a light on this

Received late payment interest letter from Dev. Check with the Law Firm and Dev and found out that the interest was because the Law Firm disbursed the money late (than the grace period - 2 months). The Law Firm informed that industry standard was 3 months instead of 2 and they are not willing to cover the late interest.

Can I know what option do I have?
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Can you be more precise? If the money has been disbursed late by 2 months thus entailing penalty, how can the "industry standard" be 3 months? Be informed that in Contract, there's not such thing as "industry standard". All the terms and conditions in the agreement binds the parties involved. You need to obtain more particulars of the delay - which stage of disbursement, how much was due, when was the request made for disbursement, when did the bank receive it, when did the bank forward the cheque to the dev/lawyer, when was it ultimately paid to the dev, etc.

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TSdariofoo
post Jun 7 2012, 10:35 AM

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QUOTE(Stamp @ Jun 6 2012, 05:54 PM)
but I never said that the Bar is anti-government, did I?  biggrin.gif
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You don't have to impute it directly. In the law of defamation there's this thing called "innuendo". The words may not be libellous in its ordinary meaning but by a "reverse meaning" or another interpretation, it may be libellous. Am sure that your comment was made in sarcasm, so it's hidden meaning has to be inferred.

smile.gif
TSdariofoo
post Jun 7 2012, 04:23 PM

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QUOTE(mrkenjiro @ Jun 7 2012, 01:21 PM)
The law firm mentioned that the period where the late payment was incurred was within the 3 months from the date of receipt of the blanket consent. But the developers said the period is only for 2 months.
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What does your SPA say? hmm.gif
TSdariofoo
post Jun 7 2012, 05:23 PM

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QUOTE(yehlai @ Jun 7 2012, 04:50 PM)
So the actual transaction value is already drop?
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Sorry? I don't follow

TSdariofoo
post Jun 7 2012, 05:25 PM

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QUOTE(maxmove2nd @ Jun 7 2012, 04:58 PM)
Hi Dario,

Need to ask couple of questions to u since im about to buy a house. i am actually renting tis apartmentfrm the owner n rite now the owner would like to sell the apartment to me n my wife ...but me n my wife have zero knowledge in buying 2nd hand apartment or new house..therefore we week for your advise...

questions.

1. For bank agreement and SNP..i will bear the cost, but if the owner would like to engage a lawyer to validate the SNP..who will bear the cost?
2. The apartment that Im buying have already come out the master title but the owner havent made any changes yet...so should the owner go and changed the master title before my loan approve or do i need to change the master title to my name straight away?
3. SNP quotation frm the lawyer..does lawyer follow the 1% terms from elawyer website or do they just charge according to their needs only?

Rite now tis are the only questions tat i can think off...

please help...
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1. Owner appoints his own lawyer and bears the costs of his lawyer.
2. You mean strata title? Check with the developer if the developer agrees to do direct transfer to your name. Otherwise, it has to be by way of a back to back transfer.
3. It follows a scaled fees with regard to the professional fees. Scaled means according to the price of the property. You can use the calculator at the first page and also download the SRO at the first page of this thread. You can get more info there.

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TSdariofoo
post Jun 8 2012, 01:23 PM

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QUOTE(emteecee @ Jun 8 2012, 12:20 AM)
Hi dario, can i please inquire if a SOHO unit classified under hda can be used as a legitimate place of business when registering a company with the ROC? Thanks in advance.
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Any address, provided that it is legitimate, can be used when registering a company with ROC. ROC is not concerned with whether the address is residential or commercial.

It is the developer/JMB and municipal authorities which you must check and confirm with - whether they would allow such a business of such nature to be set up there in order for a license to be issued to you or whether the developer/JMB consents to it.
TSdariofoo
post Jun 8 2012, 02:55 PM

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QUOTE(cicaz @ Jun 8 2012, 02:39 PM)
bros,

Im buying a 2nd hand property soon. i asked around and found that the legal fees, stamp duty, &  etc is costing quite sum of money. i don't wanna kena "chop" by the lawyer so can anyone here give a rough estimation on all the fees which i need to pay. house price: 230k and d/p: 200k. thanks in advance!
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With regard to legal fees for SPA and loan, you can use the calculator at the first page. It is fixed by Bar Council according to the price of the property.

With regard to stamp duty, you can use the calculator too. If this is your first property and since it is under RM350K, you are entitled to 50% rebate off stamp duty upon SPA and loan documentation. Bear that in mind.

With regard to disbursements, you can compare with the many actual samples of quotations in v1 of this thread, which is pinned to the top as well. Look for one which is similar to your type of property - i.e. lease/freehold, encumbered/not, with title/without. You can estimate from there.

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TSdariofoo
post Jun 11 2012, 10:45 AM

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QUOTE(cicaz @ Jun 8 2012, 07:18 PM)
i was made understand that there is 2 stamp duty i have to pay. 1 is to my lawyer for the SPA and another 1 is to the bank's lawyer for the agreement. is this calculated in the we
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You can use the calculator to calculate the stamp duty upon the MOT which is to be paid to the SPA lawyer. For loan, the sum is 0.5% of the loan sum (less 20% if Islamic loan).


TSdariofoo
post Jun 11 2012, 10:58 AM

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QUOTE(Ninjitsu @ Jun 9 2012, 12:39 PM)
Hi Dariofoo, appreciate some help here.

I have just moved in to my condo 3 weeks ago. It was a subsale. I did not do any new renovations at all prior to moving in.

My neighbour from the unit below me approached me and said that her masterbathroom ceiling is leaking. She allege that I have to bear the costs of renovation and waterproofing charges to my masterbathroom floor. It seems that the building supervisor is also siding with her. He said that I bought the unit together with all defects as a parcel. I do not think that they have any grounds for their claim so I refused to back down. She even threaten legal action against me.

I believe that this is entirely not my problem and if she need to renovate and waterproof my bathroom, then it is at her cost. It also depends very much on me whether I allow such renovation in my unit where my answer shall be no.

What is the legal aspect to this situation?
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Few things need to be ironed out first:

1. What is the cause of the leak? Is it from water flowing from your bathroom floor or is it due to a pipe?
2. If pipe, which pipe?
3. If from your floor, then could it be a defect from your floor or a defect from her ceiling? This question is very important as that is where liability arises.
4. How long has this matter been persisting? If it is indeed from your side and it is your fault, then if it has been going on for some time, you need to bring in the vendor who sold it to you and raise this issue to him as to why he did not bring it to your attention, or at least remedied it himself at his cost before passing the keys to you. This is a serious defect which does not fall within '"fair wear and tear". This is more of a structural defect. As such, the vendor has to bear the costs, in the event it is discovered that the fault lies within or is emanating from your unit.
TSdariofoo
post Jun 12 2012, 12:21 PM

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QUOTE(Ninjitsu @ Jun 11 2012, 11:48 AM)
Hi Dariofoo,

Thanks for your response. It is rather unfair that the unit above has to bear repair costs but since legally it is so, then it is difficult to contend this issue.

Present situaltion is as follows:

1. The contractors can only speculate at this juncture of time the leakge is due to defects arising from the surrounding water downpipe to the unit below. It might be due to a structural defect or it might not. It might also be due to defective waterproofing membrane around the downpipe.
2. Duh. There are 3 waste & soil pipes that are passing through to the unit below.
3. I contend that no renovation has been done to the floor tiles or any other sanitary wares, not even from the first or second owners. What do you mean by 'defects from my floor or defects from her ceiling'? Both are the same mass of 4" thick reinforced concrete. Where does the boundary lie?
4. According to the unit below, this matter has persisted for a number of years but was not brought up to the previous owner since the leakage was minimal to non-existing. I was made to understand the previous owner has not been using this bathroom and has not received any complaints of leakages from the unit below in the 3 years he stayed there. Or it could be he knew about the leakages but denied any knowledge of it. I find it strange too that the previous owners who are just a couple, stayed in another room using another bathroom.

Your advice above points to the vendor being the culprit. How do I proceed with legal charges against him in the event I'm charged?

Thanks & regards.
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If the defect is due to a pipe under the management of the JMB/MC, then it is their duty to rectify it and compensate the unit below for any loss suffered. It has nothing to do with you or the vendor. Am not an expert in irrigation so I do not know of the exact terminology to use to distinguish between the pipelines, but I do hope you get my point.

So it would be pertinent to determine the cause of the leakage first before anything.


TSdariofoo
post Jun 12 2012, 12:22 PM

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QUOTE(ycngjack1 @ Jun 12 2012, 09:55 AM)
Hi, 

My lawyer just submitted application of consentto transfer las week, how long does it take to process this frm land office?
*
Read the earlier posts in this forum. This has been discussed at length before. icon_rolleyes.gif
TSdariofoo
post Jun 12 2012, 12:23 PM

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QUOTE(it.fusion @ Jun 12 2012, 11:01 AM)
hi dariofoo...

just to clarify.. what would be proof that we ( buyer ) are legalfull owner of the house ?  - for subsale..

Since once every process are over, the loan money will be handed over to the vendor.... but we will have the keys.. together with copy of SPA ... thats all...

What can be our proof that we are the owner ?

hope my question are not posted earlier.. thanks
*
With title - geran/grant/title
Without title - deed of assignment between you and the vendor.

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TSdariofoo
post Jun 14 2012, 04:35 PM

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QUOTE(Airoha @ Jun 14 2012, 11:51 AM)
Hi Dariofoo,

I have a house rented to a family. I wish to take back the home after the expiration of the tenancy agreement.

Can I put some special conditions like below:-
Upon determination of the term:-
1. The Tenant agreed the Landlord has the right to reject renewal or to grant to Tenant a further term of tenancy to the Demised Premises.
2. The Tenant agreed the Landlord has the right to cut off all supply of water and electricity to the Demised Premises.

Please note, the Tenant pay his rental every month (although not punctual) not doesn't breach any term and condition in the tenancy agreement.
Will putting the above term and condition make the tenancy agreement become invalid?
Thank you.
*
Greetings,

Well, Clause 1 is actually understood and you don't need to put it in. It is the right of the vendor whether to agree to an extenstion/renewal of the tenancy once it has expired. But there is no harm in doing so. You can do so just for the sake of completion.

Clause 2 is a bit on the sensitive side for several reasons.

- it is too general and wide.
- it basically gives you the right to terminate utilities at any time without any reason whatsoever.
- if there is a clause which says that the vendor shall grant the tenant peaceful and uninterrupted usage of the premises, then Clause 2 s a direct contradiction to it.
- who disconnects water and electricity? Are you going to instruct the JMB to lock the meter? Or the water utility company to terminate the account? If TNB, are you going to request TNB to disconnect?

I gather that your intent is to stop the tenant from racking up huge bills. As such, you would need to amend the clause to be more detailed to include the following circumstances:
1. When does the right to terminate arises?
2. Do you need to give notice before termination or is it without? How long would the notice be?
3. Is there a maximum limit for the tenant to have outstanding before you exercise the right?
4. If the arrears are paid, when do you reconnect? Who has to reconnect (or contact the authorities to reconnect?) Who bears the cost?
5. Does it go to the root of the contract and gives you the right to terminate the contract?

Consider all that first before proceeding. icon_rolleyes.gif


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