Reluctant to go to Court? Why? If you don't want to seek recourse of the law why even have an agreement in the first place?

Anyway, if you still insist on those terms, you would need to amend clause 2 to reflect that it is only enforceable at the end of the tenancy period. Bear in mind that in the event that the tenant still refuses to move out, it is illegal to take further self help measures like breaking the locks to gain access. It would be advisable to obtain a court order.

It's no mystery. The lawyer has to be the purchaser's lawyer. Otherwise, he has to charge you full scaled fees, which is missing from your quotation. Obviously the lawyer, purc and the agent are taking you for a fool by denying knowing anything about the lawyer. The fact that some charges are being pushed to you when it ought to be paid by the purchaser shows that something is fishy (no pun intended).

it is not compulsory for it to be done by a lawyer. Of course you can do it yourself, but do you know how to?

Sorry I don't understand your question. What is the 'that' which you are asking is allowed or not?

Good luck to you then.

Whether it is true or not is not what your lawyer tells you or what I tell or what any other party tells you. It is what is stated in your SPA. So do read it and find out the answer that you are seeking for.

Is it justified, or was it a genuine mistake? What was the increase? Get a detailed invoice and ask him to justify the increase. If it is for disbursements, ask for receipts to back his claim. If it is not justified, of course you do not have to pay.



Perhaps you should call the Bar Council (BC) and ask for the Conveyancing Practise Department and ask for their advice. They will tell you the same thing which I've told you. Keep that to yourself first when you see the lawyer.

As a professional, he cannot ask you "who say purchaser should pay". It is not for you as a layperson to justify it to the lawyer. It is for the lawyer to justify it to you. So he cannot turn the tables on you. If he insists, then you tell him that you've checked with BC and they have confirmed it.

What is the status of the MOT? Is it a direct transfer from developer to you? Is it back-to-back MOT?

Without much details from your side I cannot advice you properly.

Stamp duty is applicable in every case, whether with or without SPA.


Yes it does, but it is only for transfer out of love and affection without consideration (no money changes hands). If there is an SPA involved then full stamp duty applies.

If you appoint your own lawyer act on your behalf, then your lawyer has to conduct a search upon the purchaser. The purchaser's lawyer will do his own search.

If you authorise the purchaser's lawyer to do the redemption/file CKHT forms on your behalf, there is no need for a search, unless you specifically request for it. That lawyer must conduct his own search for his client, the purchaser, and bill him directly for it.

Look at what is stated in the whole of your SPA. Don't just quote a particular part without looking at the whole picture.

Some solicitors put in that clause to ensure that all outgoings and dues have been fully settled by the vendor before the monies can be released to him by his vendor (who holds it as stakeholder). For example:


The parties hereby expressly covenant and authorise the Vendor's Solicitors to utilise and deal with the Balance Purchase Price in the following manner:-

a) to pay from the Balance Purchase Price the redemption sum to the Assignee for purposes of redeeming the said Property from the same; and

b) to pay from the Balance Purchase Price, if any, outstanding outgoings or bills that are incurred prior to the delivery of vacant possession of the said Property to the Purchaser; and

c) to release the Balance Purchase Price after deducting the monies utilised for purposes of items (a) and (b) above to the Vendor in exchange for the delivery of vacant possession by the Vendor to the Purchaser after fourteen (14) days of receipt of the monies.

Each phrase which are capitalised have their defined meaning. So, look at what is defined by Loan Sum and Balance Sum in your SPA. There ought to be related clauses as well, and not just one like you quoted.

Now, you also need to look at the definition of the date of completion of the transaction, i.e. the date the vendor's solicitors receive the balance purchase price from the purchaser's financiers. If that is the date of completion, you would then have 3 or 5 days (working days, to be more specific) to hand over VP to the purchaser. To answer your question, the 14 days rule does not derogate from the vendor's duty to hand over VP to the purchaser. It is enough for the vendor's solicitors to be handed the cheque for the balance purchase price. There is no stipulation that the monies must be cleared or paid out to the vendor. The vendor would still have to handover VP as stipulated and agreed upon.



This post has been edited by dariofoo: Jun 19 2012, 04:22 PM

There's no requirement in law to do a bankruptcy search. It's just a rule of prudence. So, it is not compulsory for you to do it. Whether you NEED to do it or not is up to you eventually. The purchaser's lawyer is probably trying to push off some of his client's expenses to you, i.e. he will use the same search to show his client, but you pay for it.

It still belongs to them, notwithstanding the fact that they have moved out. Do they still owe you rental? If so, maybe you can speak to them to contra those items with whatever sums they owe you. Reach a compromise and move on.

It depends on whether you're buying from developer or subsale, and whether with or without title.

If developer already gulung tikar, it is highly unlikely that the liquidator would spend money to apply for subdivision for strata title.

As such, it would still be deemed to be on master title, and the deed of assignment would be proof of ownership. This would be an ongoing process. You assign your right to a subsequent owner by way of deed of assignment again, and so on and so forth.

This is not a legal question and it would be better for you to open a thread in the forum itself to ask for opinion of others.

There's nothing wrong for you to request for a copy of the discharge of charge for your record purposes, even though you are not a party to it. The point is, it involves a property in which you are the registered proprietor, so you have the right.

Perhaps she did not make a photocopy of the MOT.

Nonetheless, put in your request in writing. Give her 7 days to hand it over to you, failing which you will bring this matter to the attention of the Advocate & Solicitors Disciplinary Board [see link at first page].

You can also ask for proof of submission of CKHT 2A, notice from LHDN stating the exact sum of stamp duty to be paid. Just for your record purposes.

You've got all the documents as required.

Yes the letter of offer ought to be stamped but that would be a nominal RM10 stamp which the law firm can do and batal it on the spot.

It would also be advisable for you to get your lawyer to put a CTC [certified true copy] stamp and sign on all the photocopied documents. Some branches let it slip by if no CTC but some has been strict about it.

Since I've advised you the legal position that they have the right to their belongings and your reply to it is that you "don't feel like giving anything back to them", there's no point of me giving you any advice according to the law in this matter. May I kindly suggest that you open a new topic in the open thread and ask for advice from other forummers.

There's nothing in the law to limit it, but a landlord himself can stipulate in the tenancy agreement as to the limit of number of occupants in a room, if he wants. But I have never come across such a clause as first, it is common sense that a bedroom would be limited to usage by 2-3 pax at the maximum. Furthermore, how can the landlord make sure that the tenant complied with the clause? He can't just sneak into the house at night to count the occupants, right?

Coming back to the case in hand, i.e. your nephew's matter - what was the agreement/arrangement with the college? Did they promise him a proper unit of a room? What is the amount which he is paying for accommodation? If it was represented to him that he would be given a proper room, then I think there is something wrong here and this issue ought to be raised. I am also of the opinion that 16 in a unit, i.e. 4 in a room is quite a tight arrangement.

That's good news. How was it resolved? If you don't mind sharing,that is.

i) Of course you can lodge a report as such action is trespass to property. What is the duration of the completion date as in the SPA? When does time start to run? As long as it is within time, what is the purchaser's problem? He ought to have been properly advised that leashold property which requires consent would take longer than a usual SPA transaction.

ii) Basically once the original documents have been returned by your financier, the purchaser's solicitors can send the MOT for adjudication of stamp duty and once duty has been paid, it will be handed over to the purchaser's financier's solicitors (together with the discharge of charge, original title and withdrawal of caveat forms, if any) in order for the purchaser's financier's solicitors to present the above for registration. With the receipts, the solicitors can advise the bank for release of the balance loan sum, thus completing the transaction.



This post has been edited by dariofoo: Jun 25 2012, 03:15 PM