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

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TSdariofoo
post Jun 25 2012, 04:20 PM

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QUOTE(barca96 @ Jun 25 2012, 03:53 PM)
Hi,

I'm a property negotiator.
I need some help.

A company (Malaysian) contacted me and told me that they want to rent a condo unit for their staff. It will be a corporate lease.

The owner would like to know whether the tenant will be an African or Iranian.

I can't guarantee to the owner that it won't be an Iranian so how should I go about? If I tell him "no", I could be lying but if I tell him "yes", I could lose the deal. And all this while at this point nobody knows the nationality of the staff is going to be.
*
There's nothing legal to this but professionally and ethically, you need to inform the vendor that at this stage, the staff who would be assigned has yet to be determined yet by the company and that you will revert to him at the latest.

If the owner is adamant that it cannot be rented out to tenants of African or Middle Eastern descent, it would be prudent on your part to confirm it with the owner at this stage, so that you can also source for another unit as a standby (with a more lenient landlord), in the event that the staff does turn out to be either of African or Middle Eastern descent.

icon_rolleyes.gif
TSdariofoo
post Jun 25 2012, 04:24 PM

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QUOTE(nookie188 @ Jun 25 2012, 03:28 PM)
thanks..
i) duration for completion is 6 months from date of consent..so due date for completion is actually end of june 2012..now that it looks like that the completion cannot be done within this time frame, then there will be interest imposed as per S&P..the problem is that the purchasers' lawyer has been delaying some of the processes, and has told the purchaser that the fault lies with my lawyer so now lots of finger pointing..

*
Fingers can be pointed in any direction but it would be futile as the trail of documents and acknowledgement copies would be conclusive evidence of delay by either side. This will be done at the end of the transaction by your solicitor, and if the purchaser disputes, his solicitor has to back up his assertion with some documents.


QUOTE(nookie188 @ Jun 25 2012, 03:28 PM)
So what is the next step once the docs have been sent to the purchasers financier's solicitors? is it Registration?
*
I think my answer in my last reply has already your question. icon_rolleyes.gif
TSdariofoo
post Jun 25 2012, 04:31 PM

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QUOTE(barca96 @ Jun 25 2012, 04:27 PM)
Ok. Thank you very much.
I told him that.

Also there was another owner who told me that his house can be rented out to a company but cannot be used as a hostel.
Did he mean hostel;

1) Many people staying there or
2) Different people staying there. Not fixed person.

If it's 2, I think it would be unreasonable because I had a case in the past where the company rented a house for their foreign counterparts so that whenever they get here, they have a place to put them in instead of hotel.

1 is impossible to happen I think. It's a small unit in one of the most posh condominium in Mont Kiara.
I doubt that the company will do something like this and they told me it's for one person.
*
I have no idea as a layman's interpretation could be either one of the above scenarios which you have given. Perhaps you should ask for clarification?

If situation 2, it is quite acceptable to some landlords as it is understood that when the tenant is the company, it would be intended to be for their staff who are here on contract basis, thus raising the possibility that the actual occupant may change throughout the tenancy. Perhaps to avoid any misunderstanding, a special clause can be drafted out in the tenancy to specify the nature of the tenancy to reflect the above arrangement. This is so that the owner would agree and be aware at the outset and also to prevent him from turning around later and cause problems to the company. icon_rolleyes.gif
TSdariofoo
post Jun 25 2012, 04:36 PM

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QUOTE(nookie188 @ Jun 25 2012, 04:30 PM)
ok, understand - just that there is a discrepancy between what my lawyer said and your answer in your last reply..so wanted clarification..
*
What is the discrepency? Did the lawyer say immediately go for presentation for registration? If so, then perhaps the purchaser has submitted it for adjudication and paid stamp duty upon it. Some lawyers would wait until the original documents are returned by the bank as a measure of prudence before submitting it for adjudication, as once the MOT is dated, there is a time limit to get it presented for registration, or a penalty would be due by the purchaser.


QUOTE(nookie188 @ Jun 25 2012, 04:30 PM)
do you have a post somewhere that outlined the process for selling a prop right from the beginning till completion ie leasehold landed with title??
*
It's supposed to be at this topic itself but I have yet to do so. Will endeavour to do so soon. sweat.gif doh.gif sweat.gif
TSdariofoo
post Jun 26 2012, 04:19 PM

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You've already asked the same question before on 1 June and I've advised you accordingly. There's nothing more I can add.

This post has been edited by dariofoo: Jun 26 2012, 04:19 PM
TSdariofoo
post Jun 27 2012, 03:34 PM

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QUOTE(Aqidah @ Jun 27 2012, 12:12 PM)
Owhh..is it..i posted on the same forum.. Demm  doh.gif

Ok..now we've decided to pay the amount but can we do any reports..? I felt like this lawyer firm not professional handling clients & cases.

If can report..to whom & how..?

Many thanx  biggrin.gif
*
See first page of this thread on making a complaint to the Adv & Sol Discip Board. There's a wesbite with more info. There's an actual sample of a letter of complaint as well. icon_rolleyes.gif
TSdariofoo
post Jun 27 2012, 06:10 PM

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QUOTE(rachel_xxx @ Jun 27 2012, 05:16 PM)
Hi is it better to use developer lawyer for bank loan or own lawyer for dibs project?  I read some ppl said possible late payments charges. Can i know all the pros and cons? Thanks.
*
Do you mean the difference between using the same law firm for SPA and also for loan compared to using the another lawyer for loan while retaining the developer-appointed lawyer for the SPA?

In theory, it would seem to be better for one law firm to do both the SPA and loan, but in practise, it may not be 100% true.

For subsale, I can say that it can save time as it eliminates one party for correspondence. However, I came across an example where for a purchase from developer, where there was still a delay as the law firm in question was handling too many SPA + loan cases that it could handle for that project. Of course, that is only one example and I'm sure that you can obtain another example where work was done in time.

Most important is that the law firm is efficient and can do the work in time. Even if you appoint your own lawyer there is no guarantee that there won't be a delay.

If you are confident with the developer's lawyer, then go ahead. icon_rolleyes.gif
TSdariofoo
post Jun 28 2012, 12:14 PM

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QUOTE(Far@610 @ Jun 28 2012, 10:53 AM)
Hi ,
I have a question. I plan to buy a BUMI lot and im a non BUMI. is it possible to buy a BUMI lot and get the transfer done without any problems. This property is freehold and i was made to understand from a sales agent that the transfer is possible since its a freehold. Is this true? Would like to hear you point of view and beware of any potential issue i might face if i plan to sell the unit in future.
Thanks alot
*
This question has been asked before at least twice in this thread. Do look it up. icon_rolleyes.gif
TSdariofoo
post Jun 28 2012, 12:17 PM

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qaf1010:
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The property in question is located in West or East Malaysia? Am asking first because I note that your location is in Sarawak.
TSdariofoo
post Jun 28 2012, 02:56 PM

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QUOTE(qaf1010 @ Jun 28 2012, 02:31 PM)
east malaysia.. kuching to be exact..
*
HDA does not apply in East Malaysia. I am not sure of the exact laws there. I would suggest that you immediately consult and appoint a lawyer to act on your behalf and to deal with the developer. icon_rolleyes.gif
TSdariofoo
post Jun 29 2012, 12:54 PM

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QUOTE(felicious @ Jun 28 2012, 08:16 PM)
Bumi lot means it's not transferable to non-bumi ?
*
It can be transferred subject to consent of the State Authority, which one must apply for first.
TSdariofoo
post Jun 29 2012, 01:07 PM

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QUOTE(Alternation @ Jun 28 2012, 10:14 PM)
Hi Dario,

Is it true that Bank Negara abolish the lock-in period for housing loan effective 1st July 2012?
*
I have not heard anything official yet. Not even on BNM's site at this time of this post. We'll see by next Monday.




QUOTE(Alternation @ Jun 28 2012, 10:14 PM)
On another issue, my property is currently undergoing a transfer and the SPA was signed in Dec last year. May i know how long after the signing where i can charge the buyer interest and also how many %?
*
It will be stated in your SPA. There is no fixed rule on it. It depends on how parties agreed. So do take a look at your SPA. icon_rolleyes.gif
TSdariofoo
post Jun 29 2012, 01:08 PM

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QUOTE(xlexts @ Jun 29 2012, 12:28 PM)
if lawyer delay in preparing s&p but both seller and purchaser had signed it and s&p is stamped.can seller use this excuse to charge penalty or cancel deal later?
*
SPA comes into force at the date of its stamping. Delay by lawyer to prepare the SPA is not taken into account when calculating late penalty interest or to abort the SPA.
TSdariofoo
post Jun 30 2012, 09:27 PM

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Dear all,

I've written a lengthy post which you can find at the first page of this thread on What to look for when appointing a lawyer for your SPA/Loan Documentation transaction which I hope would be useful to all, especially those who are are inexperienced in dealing with lawyers. icon_rolleyes.gif
TSdariofoo
post Jul 3 2012, 01:16 AM

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QUOTE(oxm8 @ Jul 2 2012, 11:25 PM)
pls help:

owner was declare backrupt coz she been a guarantor to a stupid100x friend.she wanted to sell her house.she already finished her loan.
a) can she sell her house?
b) can buyer apply for loan. i asked few bankers.they said cannot.if can need to do solvensi something like that.
or she needs to sell to cash buyer only?
*
A bankrupt cannot deal with her property and all her affairs are to be handled by the Insolvency Department. She needs to call up the Dept, give her ic number and find out the officer in charge of her file. Soon enough it will be the creditors who will seek foran order for sale in respect of the house and proceeds from the sale will be paid out to the creditors first. I can't see any way out but for her to face the reality and work to ger herself out of this unfortunate situation.
TSdariofoo
post Jul 3 2012, 10:13 AM

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MsiaqweR:


My understanding is as follows:-
1) Meet the agent and seller
2) Pay 2% to the seller to secure the house for now. (Is this deposit refundable and is this a standard rate of 2%?)

* Deposit is refundable based on what parties agree among themselves. Rate would be 2-3% but it is entirely up to the vendor to dictate terms, and if you agree to his terms or not.


3) Then, I engaged by own lawyer to prepare the S&P. (Or normally should I use my agent's lawyer?)

* You can read my post in the first page of this thread on appointing a lawyer.

4) Ask both the seller and buyer (myself) to sign the S&P. (Normally will sign at lawyer's office or can be anywhere (with/or without) lawyer's presence will do?)
* Should execute in law firm in the attendance of a lawyer. At least if there's any doubts you can ask your lawyer directly.

5) Ask the lawyer to stamp-duty to make the S&P official.
6) Pay the S&P and stamp-duty cost to the lawyer.
7) Pay the balance 8% to the seller. (Or should I pay to my lawyer in this case?)
* This is done at the same time you execute your SPA. You pass the cheque to your lawyer but to whom it is payable depends on the vendor to decide and instruct.


8) Ask the lawyer to apply for bank housing loan. (Or should I apply it myself using the S&P?)
* This ought to be IMMEDIATELY after step 2 above. Don't wait for the SPA to be executed as you are wasting precious time. Ideally, you should already have the loan approved before you sign the SPA. Preparation of the SPA may take up to 2 weeks. In the interim, you apply for a loan and get it approved.

9) Bank approved the loan. (Can I get 90% loan since I am first time buyer?)
* I think your eligibility depends on your financial standing and not on the fact whether you're a first time buyer. As such, all your documents must be compiled and handed over to your mortgage consultant when you apply for a loan

10) Pay the loan commission/MTRD etc to the bank.
* What is this loan commission????

11) Bank will remit the funds to my lawyer and my lawyer will remit the funds to the seller (if my understanding is correct, please advise)
* Yes but before doing so you would have to execute the loan documents and there would be another set of legal fees for your loan lawyer as well.

12) Case settled now. >>> From this point onwards, I will only deal directly with the bank, ie repay monthly installments
* Once the bank has secured its interests and all documentation are in order, it will release the funds.
* Once the balance purchase price has been paid, you can collect your keys.

Can you please advise me whether the above steps are correct? Or have I missed out any crucial steps?

May i know as well at what point above, I can confrim the house ownership have been successfully transfer from the seller to me?
* At the stage where the title has been transferred to your name and where you have collected the keys.

icon_rolleyes.gif

TSdariofoo
post Jul 4 2012, 11:01 AM

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QUOTE(MPIK @ Jul 3 2012, 11:13 PM)
Hi Dario,

I have a few questions regarding real estate agent:-

1) May I ask normally the agent commission is incurred by the seller or buyer?
2) How much agent commission normally we need to pay?
3) What are the benefits if we buy properties via an agent (buyer's point of view?)
4) What are the benefits if we sell properties via an agent (seller's point of view?)
5) How do we approach an owner if we refuse to buy properties via an agent? ie can we really save costs if we (both sellers and buyers) refuse to engage an agent?
*
1. 100% from the seller as the agent is appointed by the seller.

2. It would normally range between 2-3%. If it is a multi-million dollar deal it could be even 1%. The point is - there's no fixed rate and it is up to the seller and the agent to discuss and agree on the rate. It is purely contractual.

3 & 4 is nothing legal so it would be better if you ask this in the open thread.

5. If the seller has appointed and authorised an agent to act on his behalf, you can't bypass the agent. Most of the time, sellers who are busy and do not have the time to entertain prospective buyers are the ones who appoint agents to act for them. As such, even if you somehow manage to contact the seller personally, they may still tell you to deal with their appointed agent. Unless the seller decides to pull a fast one over his agent. Clearly unethical, but not illegal.

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TSdariofoo
post Jul 4 2012, 11:03 AM

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QUOTE(jalsrix @ Jul 4 2012, 07:07 AM)
Dear dario
My lawyer is protecting the vendor more than me (the purchaser).

The vendor has been delaying signing the S&P for more than one month.(even though real estate agent letter say must be within 14 working days)

Recently, my lawyer asked me to sign S&P and give remaining 7% deposit. Even add the condition of 5 working days for vendor to sign.

But this has also been exceeded and my lawyer still don't want to get back my 10% deposit.

What should i do ?

Is it legal for me to demand my 10% back even though vendor agree to sign verbally (but number of days are exceeded)
*
You mean you want to repudiate (cancel) the contract and abort the SPA?

If so, it would be advisable to put it in writing to your lawyer, perhaps by way of an email, instructing him to write to the vendor and point out the clause which the seller has infringed. Your lawyer also has to demand for the deposit paid to the vendor to be returned to you. Does your letter of offer to purchase state that the vendor shall bear any costs? Or to pay further compensation? If so, demand for that as well.

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TSdariofoo
post Jul 4 2012, 04:09 PM

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QUOTE(steven84cws @ Jul 4 2012, 11:21 AM)
Hi Dario, need ur help here.  notworthy.gif

initial rental was rm1300 unfurnished,
later tenant agreed to pay rm1500 n given a list
what he needs landlord to buy
The tenant has signed Letter Confirmation for rent
paid 2 months deposit and half month utility deposit.

Landlord has fullfilled everything in the list as requested by the tenant.
Tenant refused to sign the agreement claiming the item in the house
does not fullfill his requirement and does not want to pay rental

In this case, can the owner forfeit the deposit by right?
(About RM2000 Money spent to purchase furniture n electric appliances for tenant)
thank you  smile.gif
*
What is this Letter Confirmation? How different is it from the tenancy? If tenancy not signed then you go back on the what is provided for under the Letter Confirmation.
TSdariofoo
post Jul 4 2012, 04:13 PM

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QUOTE(therds @ Jul 4 2012, 03:51 PM)
Hi Dariofoo,

I have a question regarding on the some personal debt collection issue i need some advise from you. Let me briefly explain the whole scenario to you.

Scenario:
2yrs ago, i was in a relationship with a girl, K. During that time, i offered her a sum of money for her to enroll in a make-up course. I clearly mentioned to her that this money is loan to her that time. After we ended our relationship, she promised to repay back the loan. But during the 2yrs period, she keep telling me excuses and dragging on paying me. And recently, she mentioned that the money is me who offered to her and she need not to pay it back to me.

Below here which are few question which i need to know that can i claim back the debt:

1. There is no IOU slip between me and K on the debt. Only verbally. But i have sms record between me and K, from the sms record, she clearly mentioned that since i offered her the money, so she just took the offer and she need no to pay a single cent to me. And she also mention that she have no money to clear the debt.

2. Can i get the receipt from the Beauty Institution as a prove payment? But the receipt in under her name. And is paid by cash.

3. I am currently in KL, while she is in Penang. And all this happen during in Penang. If i have to file the claim, do i have to be back to penang and attend the hearing in penang or in kl?

4. Where can i file such summon in kl?

5. And what kind of document/evidence/proof i need to prepare during the hearing?
*
If you give a friendly loan, there must be black and white and it must be stamped. Verbal cannot prove anything at all as it is your word against hers. Even your SMS evidence is not concrete. Is there anywhere where she admits that it was a friendly loan given to her? As in - the phrase friendly loan was used. Any?

Can you print out the SMSes and prove the exact words sent via the SMSes?

Questions 2, 3, 4 and 5 does not arise if you can't prove that it was a friendly loan at all to begin with.
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