If the lawyer runs away with the money, he'll surely run away with the balance purchase price, not just your 25k. As such, if anyone is going to sue him, it's going to be the vendor. So the vendor is suing for your 25k also then. If the worst case scenario happens, that is.

I asked if you have paid their legal fees. So, have you?

The bank would normally reply between 5-10 working days. How long it takes to finish is hard to say. You might want to check with your lawyer on this.

Basically the flow is like this:
1. The vendor's bank issues redemption STATEMENT;
2. Your loan lawyer prepares all the documents and advises your bank to release the redemption sum.
3. Your bank has to issue the cheque for the redemption sum.
4. Your SPA lawyer passes the cheque and the discharge of charge [DOC] to the vendor's bank.
5. Vendor's bank executes DOC and returns it with original title, etc.
6. Your SPA lawyer dates memorandum of transfer [MOT] and submits it for adjudication.
7. LHDN will issue notice of stamp duty to be paid upon MOT.
8. SPA lawyer pays stamp duty and gets MOT stamped. DOC is also stamped with nominal stamp duty.
9. SPA lawyer hands over registration fees, DOC, MOT and other original documents to loan lawyer.
10. Loan lawyer presents DOC, MOT and charge in favour of your bank at the land office.
11. With presentation receipt and other ori docs, your loan lawyer advises bank to release final drawdown.
12. Bank release cheque for final drawdown.
13. SPA lawyer hands it to vendor, and keys are exchanged together with apportionment of outgoings - end of transaction.

Hi Dario,

where is the preocedure that need to get consent (from land office/or majlis perbandaran?) before 3+1 months of completion date stated on SPA?  Thanks.

You need to abide by the terms of the SPA which both parties have signed. Look at the time given to the vendor to comply with the transfer of ownership of the other half-share. 6 months? 9? Until then, you can't fault him at all. You ought to be aware when you're buying this particular property that it is not the run-of-the-mill transaction and that it may be delayed.  So, do be patient.

With regard to your statement that the owner has 10% and thus, it would benefit him more to delay the process - that is an incorrect statement. The longer the delay, the more detrimental it is to the vendor as the price of the property may appreciate, and he can't do anything about it. Add in inflation and you'll see that the vendor has no reason to delay things. He would definitely want to use the balance 90% for other matters as well.

If you're confused about the whole process then it's time to speak your lawyer directly and find out the latest status and also the flow of proceedings. Some enlightenment would be useful, as you're a first time buyer. Good luck.

Hi Sifu Dario, so far i hv paid around RM6k (including the stamp duty for MOT) if i m not mistaken. (My purchased price is RM230k)

The Vendor is the lawyer's fren. This thing has been dragging for so long bcoz the SPA lawyer is helping the Vendor to save from the rental.

I see. Ok at least you've been fair and paid them their dues. But you're looking at another RM2k plus at least if you want to switch lawyers at this last stage.
That is the problem when a purchaser appoints a lawyer recommended by the vendor. There would "indirectly" be a conflict of interest. Although on paper the lawyer is acting for you, indirectly he is assisting the vendor by delaying things. Extremely unprofessional of the lawyer.

Of course if the unit is vacant, the vendor does not profit. When you say "helping the vendor to save from the rental" - are you saying that the unit is tenanted and the vendor is collecting rental as the SPA drags on? 

With regard to the strata title - the original ought to be with the vendor's bank as a security (assuming that there is a loan). Otherwise, it ought to be kept by the vendor directly. I'm not sure why the developer would be holding it. That is not common.

That would've been done earlier. Once consent has been obtained, only then do you start the necessary with the loan documentation. By this stage, surely consent would've been obtained by now. 

That would've been done earlier. Once consent has been obtained, only then do you start the necessary with the loan documentation. By this stage, surely consent would've been obtained by now. 

may i know for a typical sub sale transaction, should i find a lawyer to do SPA first or go apply loan first? my case is bank need to look at the title but vendor refuse to give it directly to me, vendor ask me to get from him via a lawyer but i do not have one

With regard to the strata title - the original ought to be with the vendor's bank as a security (assuming that there is a loan). Otherwise, it ought to be kept by the vendor directly. I'm not sure why the developer would be holding it. That is not common.

Is the individual title not yet available/not yet transferred? Normally that's the case if a title is in developer's hand.

If i got a land, and i rent it, if the person who rent my land did not pay, what a the step to do?

aggrement made in dec 2008 for 3 years. the rental pay rental normal until november 2010, the rental did not pay for 6 month. and he pay for mei 2011, and i make the letter to get the money. then his wife take over his business and pay monthly rent for mei 2011 until now, she also pay extra 1 month.

now i appoint 1 letter to give he 3 month to pay 5 month rent and normal monthly rent.

what i want to know is what is the step if he/she did not pay? police report or court letter or just seal the premise? the step.

thank you in advance

Consent from land office are done by S&P or Loan Lawyer ?
I am in doubt that my S&P lawyer had did that since there is no chapter of this earlier...

this can be done also during land title name change ?
one more thing.... the agent told me earlier that the unit i am purchasing are never been rented out.. but i came to know that the unit are now stayed by vendor's fren from oversea till another 2 months.. Question is, once the land title are changed to me can i request the vendor fren to move out ? and if not, pay for rental from then on ?

guys...

my brother have a problem..he has a new house which initially wana sell off...found a agent and a buy ready...my bother issue offer letter den the buyer sign ready...but have yet to sign the s&p agreement. now my brother change is mind don't want sell due to some financial reason. so what is the legal implication and how to move forward to cancel the agreement?

please advise..thank you so much

may i know for a typical sub sale transaction, should i find a lawyer to do SPA first or go apply loan first? my case is bank need to look at the title but vendor refuse to give it directly to me, vendor ask me to get from him via a lawyer but i do not have one

my case is like this
dad leave a will and need lawyers to transfer to name to new owner(its an apartment)
my question is...lawyers charge based on the hours they used to do the things or they charged based on the value of the house?
the lawyer that we appointed say they charged us based on the value of the apartment...and it doesn't make sense to me since procedure is same
if someone's hse is 2-3 million ringgit thn who knows how much would they charge
they charge us RM6k + 6% service tax + advertising fee = RM6000++
and whats funny is...thats only the phase 1 charges(high court thingy + advertising fee + service tax)
there is another phase he said is the transfer ownership thingy that would cost another few thousand
want to ask those that know well....is these all reasonable?..or hes overcharging us?

location...sabah