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

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TSdariofoo
post Jul 4 2012, 06:58 PM

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QUOTE(therds @ Jul 4 2012, 04:59 PM)
Below are the 3 screenshot of the sms. while the rest is just drama.
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I don't think it is strong enough to support your case that it is a friendly loan. She can easily turn it around and say that it was a gift out of love and affection as she was your gf and that would be the last nail in the coffin for you. Plus you would have to file your case in Penang, which is a hassle as you are in KL. I would honestly advise you to forget about it and not pursue it.

TSdariofoo
post Jul 4 2012, 07:01 PM

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QUOTE(101011001 @ Jul 4 2012, 06:13 PM)
Hi Darifoo,

The following are stated in the developer's brochure of a undercon apartment in Johor Bahru. If one happens to buy a unit there, what are the restrictions if he intends to sell the unit after VP? Are these 'sekatan' common for a freehold property? Does it mean that if one intends to sell to a foreigner, he will have to seek approval from the state authority? Correct me if I am wrong, I always thought foreigner just need to pay something like levy to buy a property here.

1. Tuanpunya tanah tidak dibenarkan menawar atau menjualkan unit-unit(Parcel) bangunan yang akan dibina di atas tanah ini melainkan bangunan yang telah mula dibina mengikut pelan yang diluluskan oleh Pihak Berkuasa Negeri.

2. Petak-petak yang didirikan di atas tanah ini apabila sahaja bertukar miliknya kepada seorang Bumiputera/Syarikat Bumiputera maka tidak boleh terkemudian daripada itu dijual, dipajak atau dipindah milik daripada apa cara sekalipun kepada orang bukan Bumiputera/Syarikat bukan Bumiputera tanpa persetujuan Pihak Berkuasa Negeri.

3. Petak-petak bangunan yang didirikan di atas tanah ini tidak boleh dijual atau dipindah milik dengan apa cara sekalipun kepada bukan warganegara/syarikat asing tanpa persetujuan Pihak Berkuasa Negeri.

Thanks in advance.
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I'll explain the clauses to you:

1. Basically does not restrict you from selling, but only states that you can't sell until construction has already commenced. No problem there as most of the time, those who do sell do so at the time of completion before VP.

2. Bumi Lot cannot be sold to non-Bumis unless with the consent of the State Authority.

3. Cannot be sold or transferred to a non-citizen unless with the consent of the State Authority.

Those clauses are quite standard and consistent even with practices in the Klang Valley, especially clauses 2 and 3.


TSdariofoo
post Jul 4 2012, 07:15 PM

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QUOTE(therds @ Jul 4 2012, 07:11 PM)
a gift out of love and affection, i would deny that. as for gift out of love an affection, that the money i spend, and which of cause i am not asking for that. But this is money which i borrow, and if a person borrow money cause of love and affection, i guess he/she have the right to get back the money he/she borrow. correct me if i am wrong. smile.gif
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You're wrong, because if it is out of love and affection, it will be called a gift, and not a loan/lending of money. icon_rolleyes.gif
TSdariofoo
post Jul 4 2012, 11:06 PM

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QUOTE(101011001 @ Jul 4 2012, 07:28 PM)
Thanks Dariofoo. With regard to clause no. 3, does it apply to all properties in Malaysia? Is it difficult to obtain the consent from the State Authority or it is a standard procedure? Thanks.
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For No.3 it is a general rule imposed on non-Citizens. For West M'sia it is the case, but am not sure of East M'sia.

For no.3 it is not difficult and is more procedural provided that the non-citizen meets the guidelines set.
TSdariofoo
post Jul 4 2012, 11:07 PM

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QUOTE(the-november @ Jul 4 2012, 08:16 PM)
how much would it cost to get a lawyer to issue a legal letter or warrant to my tenant who refuse to pay rental for some time?
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There is no fixed rate and depends on lawyer to lawyer.
TSdariofoo
post Jul 5 2012, 05:04 PM

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QUOTE(the-november @ Jul 5 2012, 09:18 AM)
if my tenant still refuse to pay the rental even after issuing him a legal letter, what else can i do to make him move in a legal way? thanks.
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You then instruct your lawyer to file a civil suit to obtain VP of the premises. Once you win the application (which should be straightforward if the documentation are in order), then you put in an application for enforcement, i.e the court bailiff will assist you to evict the tenant from the premises. icon_rolleyes.gif

This post has been edited by dariofoo: Jul 5 2012, 05:12 PM
TSdariofoo
post Jul 5 2012, 05:12 PM

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QUOTE(ccdev @ Jul 5 2012, 10:46 AM)
Dario,

would appreciate some advice if you can. is there any stamp duty exemption for transfer of deceased property to the children?
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Stamp duty would be RM10 only. icon_rolleyes.gif
TSdariofoo
post Jul 5 2012, 05:13 PM

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QUOTE(snetha11 @ Jul 5 2012, 02:34 PM)
Dear Dario,

I am just wondering, during the purchase of a house, who is actually responsible to transfer the name for the quit rent purposes? because when i checked with MPSJ, the previous vendor's name is still in the list, hence i cannot pay the quit rent for my property. when i contacted the vendor, she blamed it on the lawyer and offered to do nothing further. so i am just wondering how should i deal with this situation. Thank you.  notworthy.gif  notworthy.gif
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You go back to what is stated in the SPA. Normally it would be stated that the purchaser has to do it. If nothing is provided for, then normally it would be the purchaser who has to do it. icon_rolleyes.gif
TSdariofoo
post Jul 6 2012, 09:54 PM

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QUOTE(ky118 @ Jul 6 2012, 03:09 PM)
Hi Dario,

May I check with you for a sub sale leasehold condo with master title in K.L, how long does it take for a S&P lawyer to complete the process of transferring the ownership to the buyer? Let's say I am using the same lawyer for Loan agreement and seller did not appoint any lawyer.
I heard since it's a leasehold condo, the whole process can take more than 6 months. The state consent itself can take more than 3 months.
Does it take that long for the whole process as I heard leasehold transactions can be completed within 3 to 4 months?

Thank you.
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When consent of State is concerned it's anybody's guess. Normally 3 months is an average but it has been completed in a month or even took 6-7 to do so. Am talking about just obtaining consent.

The legal arrangement in your case is the most ideal and would normally move the fastest, as one lawyer pulls all the strings. Once consent is obtained, one can even complete it in another 2 months, bar any unforseen delay by parties ike the bank and land office which would be out of control of the lawyer. icon_rolleyes.gif
TSdariofoo
post Jul 7 2012, 09:40 PM

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QUOTE(PandoraV @ Jul 7 2012, 08:06 PM)
Hello Dario,

I would like to know where should i proceed to get back my mom's house grant,via bank's panel lawyer or go to Land Office directly(which form need to fill up)?
Takes about 7 months to process@RM700+ with bank's lawyer.
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What do you mean by get back the grant? Did your mum obtain a loan and charged the property to the bank? If so, then the bank retains the grant and you would need to appoint a lawyer to do so. It need not be a panel lawyer any lawyer who has experience in preparing a discharge of charge with that bank is more than qualified to act for you. icon_rolleyes.gif
TSdariofoo
post Jul 8 2012, 01:03 PM

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QUOTE(PandoraV @ Jul 7 2012, 10:05 PM)
Yes exactly,they told my mum that it takes 7 months to get back the grant.Just wonder that why it took so long.
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Dd the lawyer explain why it would take that long? hmm.gif
TSdariofoo
post Jul 8 2012, 01:05 PM

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QUOTE(Luckyfield @ Jul 7 2012, 10:35 PM)
Hi there. Recently I just bought a house and I signed the S&P agreement. 

While signing the last page of the agreement (with all the signatures from relevant parties) I only put my initial.  The lawyer said I should sign with my full signature... So I just crossed out my initial and put on my full signature beside it.

I just want to know if there is any problem if I crossed out my initial beside my full signature on the S&P agreement? Will it void the agreement? Thanks a lot.
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No problem but make sure that the lawyer cross out the initial part and put their stamp on the side - the stamp is called called 'chop bulat' smile.gif

This post has been edited by dariofoo: Jul 8 2012, 01:05 PM
TSdariofoo
post Jul 8 2012, 08:07 PM

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QUOTE(PandoraV @ Jul 8 2012, 01:51 PM)
No,i wonder too,how long it takes usually?
Delay from KL/Sel's Land Office perhaps?
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Best that you ask your lawyer directly as I would not know. icon_rolleyes.gif
TSdariofoo
post Jul 8 2012, 08:10 PM

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QUOTE(Luckyfield @ Jul 8 2012, 03:40 PM)
Ok. Thanks.

I have seen the S&P agreement with all the signatures on it (stamp duty seen on the 1st page of the document). My initial has been crossed out but without the "chop bulat".

I checked with the lawyer, he said its fine as long as I have put on the full signature and both the name & IC is correct.

What is chop bulat?? Should I request for that stamp on my initial??

Thank you so much for your help.
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Chop bulat is a small round stamp with the law firm's name around it and a space in between to initial in ,all firms have it. Some banks would make issue if the deletions are not initialled with the chop bulat. Better do it just in case. icon_rolleyes.gif
TSdariofoo
post Jul 8 2012, 08:12 PM

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QUOTE(nookie188 @ Jul 8 2012, 07:22 PM)
hi Dario

pending completion of the house which is at its final leg (waiting for  final disbursement  from the purchaser's bank to seller's lawyer)
can the buyer terminate TNB and Syabas accounts ? 
rationale was that since no one was staying on the property, might as well do it and the buyer can apply for new accounts upon completion...

Thanks
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No, can't until the keys has been handed to you. Up to that stage, you are not the owner yet. You can try to talk to the vendor though. If he agrees then you can go ahead. icon_rolleyes.gif
TSdariofoo
post Jul 8 2012, 08:53 PM

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QUOTE(nookie188 @ Jul 8 2012, 08:33 PM)
gosh..sorry. ..my mistake .should have my kepala checked!

I meant can the SELLER terminate the electricity and water supplies first before completion since no one is in the premise..?
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Of course but make sure that he informs you about it or else you'd be left in the dark biggrin.gif
TSdariofoo
post Jul 8 2012, 09:19 PM

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QUOTE(nookie188 @ Jul 8 2012, 09:09 PM)
oops am the seller...smile.gif 
I thought I will only inform the buyer upon completion to get the utilities reconnected under his name..

Thanks
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rclxub.gif doh.gif rclxub.gif Ok do tell him in advance that you wish to do so. At least if there is a final inspection before/ during handover of keys, it can be arranged in the daytime. It would take a few days for thr purc to sort out the new accounts so it would be ethical to inform him in advance. icon_rolleyes.gif
TSdariofoo
post Jul 8 2012, 11:28 PM

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QUOTE(JW3333 @ Jul 8 2012, 09:29 PM)
How much can be save if SPA and Loan Agreement use same lawyer? Even Seller also share with the same lawyer...
Thanks.
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You can save on disbursements as searches need not be done twice. Most importantly, you save time, which is priceless. icon_rolleyes.gif

TSdariofoo
post Jul 9 2012, 02:53 PM

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QUOTE(CantThinkOfAName @ Jul 9 2012, 02:34 PM)
I plan to buy this apartment unit, According to agent, the strata title has been issued but hasnt been transferred yet... and the developer doesnt approve a direct transfer to buyer. How long does it takes for the transfer to be completed to the existing owner? If the developer doesnt approve such direct transfer, this means I cant buy the unit until the transfer has been completed, right?
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How long it takes is very subjective and depends on the efficiency of the parties involved. But it would take several months.

You can still sign the SPA and insert a condition precedent, i.e. that time would only start to run from the date of receipt of the MOT between the developer and vendor. If that is not complied with, then you would be entitled to a refund of deposit paid.

QUOTE(CantThinkOfAName @ Jul 9 2012, 02:34 PM)
Another thing, can agent requests commission from buyer?
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It is the vendor who has to pay commission to the agent, and not the purchaser, unless there was some agreement in writing beforehand between the agent and the purchaser.
TSdariofoo
post Jul 9 2012, 09:58 PM

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You can use the links at the first page of this thread

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