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

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TSdariofoo
post Mar 2 2012, 08:01 AM

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wufei:
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With regard to the fees, please check the many samples in v1 of this thread. Do note though, that the RM100 for S/D-LOU should not be charged. icon_rolleyes.gif
TSdariofoo
post Mar 2 2012, 08:05 AM

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alvinchien:
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1. You can demand it from him in writing using your own letterhead and sending it to him by courier/registered post. Alternatively, you can appoint a lawyer to do so. You should not ask the agent to assist you to appoint a lawyer to sue the vendor, as the agent is basically acting for the vendor to sell the house to you. Better get one of your own. Ask family and friends for recommendation.

2. Quite good. I can't see how he can wriggle out of what he has agreed in writing.

3. Letter of demand -> civil suit -> summary judgment -> you (should) win -> enforce judgment against him.

4. In your letter of demand, you can put in 7 days, failing which you would institute legal proceedings against him.
karfei00
post Mar 2 2012, 10:28 AM

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QUOTE(dariofoo @ Feb 29 2012, 10:57 PM)
Do both at the same time also can. Looks like you have to appoint a lawyer now to get the docs. If you're hunting for a house anyway, there's no reason why you shouldn't appoint one now itself. If you can land this unit, you'd still need a lawyer for the next one.

icon_rolleyes.gif
*
thanks, what if bank reject my loan application and lawyer has done some work on it, what will happen? any charges from lawyer?
TSdariofoo
post Mar 2 2012, 12:15 PM

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QUOTE(karfei00 @ Mar 2 2012, 10:28 AM)
thanks, what if bank reject my loan application and lawyer has done some work on it, what will happen? any charges from lawyer?
*
Just pay him transport charges and land search fees - total maybe RM50-60. If he so berkira la. At end of the day, you can still tell him that you'll appoint him for the next purchase. I doubt if he'll charge you full fees yet as the draft SPA has yet to be drawn up.

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karfei00
post Mar 2 2012, 12:18 PM

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QUOTE(dariofoo @ Mar 2 2012, 12:15 PM)
Just pay him transport charges and land search fees - total maybe RM50-60. If he so berkira la. At end of the day, you can still tell him that you'll appoint him for the next purchase. I doubt if he'll charge you full fees yet as the draft SPA has yet to be drawn up.

icon_rolleyes.gif
*
Thx bro, as for the legal fees, isn't it the charges is standard and calculated based on amount bracket? in what sense that some lawyer charges more? and where does the $$ difference comes from?
Seremban_2
post Mar 2 2012, 12:39 PM

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QUOTE(dariofoo @ Mar 2 2012, 12:15 PM)
Just pay him transport charges and land search fees - total maybe RM50-60. If he so berkira la. At end of the day, you can still tell him that you'll appoint him for the next purchase. I doubt if he'll charge you full fees yet as the draft SPA has yet to be drawn up.

icon_rolleyes.gif
*
Why only he but not she? laugh.gif Joking.

Not only land search n transportation charges. Also got postage,paper & File total RM10,bankruptcy search also hefty sum.

This post has been edited by Seremban_2: Mar 2 2012, 03:23 PM
TSdariofoo
post Mar 2 2012, 03:03 PM

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QUOTE(karfei00 @ Mar 2 2012, 12:18 PM)
Thx bro, as for the legal fees, isn't it the charges is standard and calculated based on amount bracket? in what sense that some lawyer charges more? and where does the $$ difference comes from?
*
Those are scaled fees for preparation of SPA. That RM50-60 in my last post refers to disbursements (expenses). That is not fixed.
TSdariofoo
post Mar 2 2012, 03:07 PM

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QUOTE(Seremban_2 @ Mar 2 2012, 12:39 PM)
Why only he but not she or he?
*
Bro, any reference using the male gender term also denotes female gender and vice versa. Quite standard clause in all agreements. If I want to type he/she or "he or she" in every answer I'll seriously pengsan after awhile. sweat.gif smile.gif


QUOTE(Seremban_2 @ Mar 2 2012, 12:39 PM)
Not only land search n transportation charges. Also got postage,paper & File total RM10,bankruptcy search also hefty sum.
*
Land search - RM30, transport to land office would be RM10/20. Bankruptcy search no need to do now as the purchaser is only getting the title search out now to pass it over to the bank. I think that was the question. I don't think there's any postage/paper/file charges at this stage.

napoli26
post Mar 2 2012, 04:47 PM

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hi Dario, if buy subsale house, after sign snp and loan agreement, can i start to renovate the house? or need to wait untill all the process 100% comfirm ok only start to renovate?
home-buyer
post Mar 2 2012, 05:22 PM

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Hi Dariofoo,

I need some help here!
I've bought and subsale freehold house and done signing SNP and paid the lawyer. Then I took the SNP to apply for loan.

The problem is: The address in the SNP is wrong ! The bank told me that it might have difficulties in disbursement later.

The wrong address in the SNP:
123, Jalan Bunga Merah 5, Taman Bunga Merah, Selangor.


Whereas the address previous SNP and Land search:
123, Jalan Bunga 5, Taman Bunga Merah, Selangor.

(additional of Merah in address) (*fake address).


Will it be a problem? The lawyer and the buyer has already banked in the cheque.
What should I do now?
The lawyer is on leave today, I cannot contact her..

Please advise, thanks!

This post has been edited by home-buyer: Mar 2 2012, 05:24 PM
TSdariofoo
post Mar 3 2012, 01:30 AM

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QUOTE(napoli26 @ Mar 2 2012, 04:47 PM)
hi Dario, if buy subsale house, after sign snp and loan agreement, can i start to renovate the house? or need to wait untill all the process 100% comfirm ok only start to renovate?
*
The vendor has agreed to allow you to do so? Well, there is a risk involved - especially if you haven't got a loan approved yet. Safest is to wait until you're confirmed as the registered owner at the end, before you start work. icon_rolleyes.gif
TSdariofoo
post Mar 3 2012, 01:53 AM

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QUOTE(home-buyer @ Mar 2 2012, 05:22 PM)
Hi Dariofoo,

I need some help here!
I've bought and subsale freehold house and done signing SNP and paid the lawyer. Then I took the SNP to apply for loan.

The problem is: The address in the SNP is wrong ! The bank told me that it might have difficulties in disbursement later.

The wrong address in the SNP:
123, Jalan Bunga Merah 5, Taman Bunga Merah, Selangor.
Whereas the address previous SNP and Land search:
123, Jalan Bunga 5, Taman Bunga Merah, Selangor.

(additional of Merah in address) (*fake address).
Will it be a problem? The lawyer and the buyer has already banked in the cheque.
What should I do now?
The lawyer is on leave today, I cannot contact her..

Please advise, thanks!
*
Small matter. Can be amended anytime. Call your lawyer on Monday to get it changed. Small mistakes like that do happen. icon_rolleyes.gif
kok_pun
post Mar 3 2012, 09:24 AM

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QUOTE(home-buyer @ Mar 2 2012, 05:22 PM)
Hi Dariofoo,

I need some help here!
I've bought and subsale freehold house and done signing SNP and paid the lawyer. Then I took the SNP to apply for loan.

The problem is: The address in the SNP is wrong ! The bank told me that it might have difficulties in disbursement later.

The wrong address in the SNP:
123, Jalan Bunga Merah 5, Taman Bunga Merah, Selangor.
Whereas the address previous SNP and Land search:
123, Jalan Bunga 5, Taman Bunga Merah, Selangor.

(additional of Merah in address) (*fake address).
Will it be a problem? The lawyer and the buyer has already banked in the cheque.
What should I do now?
The lawyer is on leave today, I cannot contact her..

Please advise, thanks!
*
If the same happened in your letter offer with bank, you can walk in to the bank branch to amend it
home-buyer
post Mar 3 2012, 06:38 PM

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Thank you dariofoo and kok_pun for your advise ! notworthy.gif
TSdariofoo
post Mar 3 2012, 10:54 PM

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Dear all,

LAWYER'S CORNER WILL BE TAKING A BREAK.

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

Your patience is much appreciated.

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

Cheerios. icon_rolleyes.gif

LightEnchanter
post Mar 5 2012, 12:43 PM

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hi, is this quotation reasonable?

Property : 375k, freehold, strata title under developer's name

1. Sale and Purchase Agreement 3,075.00
2. CKHT 2A 200.00
3. Entry/Withdrawal of Private Caveat 350.00
-------------------------------------------------------------
Consent to Transfer 3,625.00
6% Govt. Tax 217.50
-------------------------------------------------------------

Stamp Duty
1. Sale And Purchase Agreement 40.00
2. Memorandum of Transfer (Estimated) 6,500.00
-------------------------------------------------------------
6,540.00
-------------------------------------------------------------

Disbursements
1. Registration Fee on Memorandum of Transfer 400.00
2. Registration Fee on Entry/Withdrawal of Private Caveat 400.00
3. Registration Fee on Discharge of Charge
4. Registration Fee on Letter of Consent (Caveator)
5. Adjudication on Memorandum of Transfer 10.00
6. Land Search /CTC Title 120.00
7. Registration Fee on Consent to Transfer 100.00
8. Bankruptcy Searches/C-Tos 100.00
9. Affirmation Fee on Statutory Declaration 50.00
10. Transport and Service 250.00
11. Telephone and Fax Charges 100.00
12. Postage & Printing 100.00
13. Miscellaneous 50.00
-------------------------------------------------------------
1,680.00
-------------------------------------------------------------

Total : RM 12,062.5

This post has been edited by LightEnchanter: Mar 5 2012, 12:53 PM
axantra
post Mar 5 2012, 03:54 PM

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need advise here..
i want to renovate my house using government housing loan since it cheaper. but i have few question in mind..
a) should i appoint a lawyer since my HR dept say dont have to but in the checklist issued by treasury need
i)Salinan Perjanjian Ubahsuai Rumah yang disahkan oleh peguam.
ii)Salinan lesen kontraktor/Pendaftaran CIDB yang disahkan oleh peguam.

b) how much do it cost roughly and procedure need ( for lawyer)

a bit blur here...tq
aarondotcom
post Mar 6 2012, 05:37 PM

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Hi dariofoo,

I need some professional advise from your. My grandpa(deceased) leave a house for his 5 sons, eldest son 1 share, 2nd son 1 share, 3rd son 1share, 4th son 1 share and 5th son(my father) 1 share. So apparently on that time whereby my grandpa wrote this will, my father(youngest son) is under 18 year old, so my grandpa had assigned his eldest son as a trustee for my father share(there is another legal letter stated this which holding by my grandpa eldest son). In short saying that, his eldest son holding 2 share now. Now my father already 50+, he want to take back the share which holding by my grandpa eldest son long enough, what is the procedures? I check the house title, my grandpa eldest son got 2 name in there, which means got 2 share belong to him now.

There is some interest of conflict going on among all the brothers now, is there any legal way to take back my father portion? Or putih2 see these predator eat up my father share?

This post has been edited by aarondotcom: Mar 6 2012, 05:39 PM
napoli26
post Mar 6 2012, 08:14 PM

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hi dario, he must submit CKHT 2A? if we din submit, anything will happen?

BeastB
post Mar 6 2012, 08:33 PM

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Hi there,

I'm helping a foreigner (from Iraq) purchase a house in Malaysia and I'm an agent here. Any additional steps he requires in purchase? Buying the property cash btw, no loans required.

Appreciate your kind response.

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