I think what was meant was that a lawyer must check the photostat with the original and then place the SALINAN DIAKUI SAH stamp upon the photostat to certify (sahkan) that the photostat is indeed a true copy of the original.

Cost? Not sure, as it is not fixed. If you have used a lawyer before, just ring him up and ask him to certify it for you for free. It's just a small matter.

LightEnchanter:

Please check the many samples in v1 of this thread.

As far as the title is concerned, is there anything to reflect that the eldest is holding 1/5 as trustee? Or does it just say 2/5 bahagian next to his name? If there is nothing, then it has to mean that he owns 2/5 share. If your father wants to prove anything contrary to that, the burden of proof is upon your father. If the only proof that the eldest son is holding the 1/5 share as trustee for your father is currently in the eldest son's hands, what else is there to support your father's allegation? A bare allegation without documentary proof has no merits. Even if the letter is produced, is there a living witness who can testify that your grandfather indeed executed that document? If there are no witnesses, the eldest son will never admit and will dispute the legality of the so-called trust created by way of letter.

It's not going to be easy for your father to pursue his rightful share, unless there is some strong documentary evidence in support as mentioned above.

Who's he?

Nothing special, just that he would need to apply for consent from FIC which will be a pre-condition upon execution of the SPA. His lawyer would prepare it and there is an additional legal fee of RM300 for it. That's about it.

Thank you for your response. Just to be clear, the lawyer is responsible to make this application to the FIC? Or does he or I need to do this ourselves?

Thanks!

sorry, i mean "we", so if din submit CkHT2a, anything will happen? kena fine?

Lawyer will prepare it and follow up. It's part of his job. That is what the RM300 fees are for.

Yes, you have to do so within 60 days from date of SPA. If there is no CKHT to pay, I have not come across a case where LHDN imposes a penalty. If there is CKHT to pay, then there would be a penalty.

The preparation and filing of CKHT forms are usually factored in the legal fees (additional RM200/pax for CKHT 2A) and the lawyer would fill up the forms, get you to sign it, and then file it for you.

I am a seller and I opt to file my own RPGT. Does buyer has the rights for not doing the s&p for me and ask me to appoint different lawyer?

This is really a threatening.

Of course. It is you who has to ask the purchaser's lawyer whether you can tumpang him - tumpang is only for redemption and CKHT, that's all.

If the purchaser says no, obviously the instruction would go to his lawyer not to accept your offer to tumpang.

So now you have to appoint your own lawyer. Or act in person.

Dear Dario, do know abt stamp duty on transfers property from father and/or mother to a child ? 50% remission still valid in 2012 ?

TQ.

Hi, I would like to know.
When i purchase a new form a developer. Should the developer lawyer change the name of the assessment bill of local council & Jabatan Tanah for me o I hv to go change myself?

Bcos I got my house key for more then 1 year. N I did not received the assessment bill. When I goto check with MPK to print out the bill, it still the developer name & add.

N d bill has been posted to them n not my add. N d penalty. I hv to paid

Bro Dario,

Hoped you had a good outing recently. Wanna ask is it possible to sell the house w/o goin thru the Agent? What will be the concern if we do it this way?

If it is possible, what document can the new buyer used to present to the bank to acquire financing?

Thanks.

As far as I know, the exemption has not been revoked yet, so it is still in force.

Unless the SPA provides that the developer has to do it (which I doubt so), the burden is upon you to do the change of name on your own. So I suppose you do have to bear the penalty as well.

The only thing is that you would need to prepare your own letter of offer to purchase [LO] and get the purchaser to sign it when he puts in the earnest deposit of 2-3% with you. You can type out any terms and conditions as you wish on the said LO and it will be binding as long as both parties sign it.

This LO will be used by the purchaser to apply for a loan.

tq so much for your reply.

Hi all,

would like to seek for help from you guys here..

We've signed booking receipt to purchase a double storey landed house on 31-Jan-2012. Paid 2% booking fee to the agent on the same day.

The problem started when the drafted s&p is ready and review by both parties, the owner refused to accept a number of stated clauses, which are protecting purchaser's right. Since then, we have spend more than a month time to negotiate with the owner through lawyers and even agent, and still not able to come to a conclusion. The owner still insist to remove those clauses and told the agent that he is willing to refund us the earnest deposit if we were not able to meet his expectation.

We might be wrong, but we suspect that the owner could have change his mind about the deal and hence those unreasonable excuses.

Is there any other way that we can do at this moment to save the deal other than agree to the unreasonable request on the S&P amendments? If we give up this deal, then we would have wasted all of our efforts for the past one month and also potentially lawyer fee.

Can we even request for compensation?

Here are 2 of the important clauses which the owner requested to cancel:-

1) In the event that vacant possession of the said Property is not delivered by the Vendor(s) to the Purchaser(s) within seven (7) days from the date of the Vendor(s)’ Solicitors’ receipt of the Balance Purchase Price, the Vendor(s) shall pay to the Purchaser(s) interest at the rate of eight per cent (8%) per annum on the amount of the Purchase Price commencing from (and including) the eighth day after the Vendor(s)’ Solicitors’ receipt of the Balance Purchase Price and the Interest (if any) until the Possession Date. Such interest shall be determined/calculated on the basis of the actual number of days elapsed and a three hundred and sixty five (365) day year and shall be payable on the Possession Date.

2) For the avoidance of doubt and for the purpose of calculating the Completion Period, it is hereby agreed and declared that the Completion Period shall be automatically extended (without any interest or other amount being payable by the Purchaser(s) to the Vendor(s)) by such number of days as shall be equivalent to the number of days:


(a) elapsing after seven (7) days from the date of the Purchaser(s)’ Solicitors’ or the Purchaser(s)’ Financier’s solicitors’ written request to the Vendor(s)’ Solicitors for the Vendor(s)’ Undertaking until the date of the Purchaser(s)’ Solicitors’ or the Purchaser(s)’ Financier’s solicitors’ receipt of the Vendor(s)’ Undertaking;

(b) elapsing after three (3) days from the date of the payment of the Differential Sum to the Vendor(s)’ Solicitors as stakeholders and the issue of the Purchaser(s)’ Financier’s Undertaking until the Purchaser(s)’ Solicitors or the Purchaser(s)’ Financier’s solicitors’ receipt of the Title and all other documents, if any, as may be relevant for the registration of the Purchaser(s) as the registered proprietor of the Property free from encumbrances;

© ...

whitfurrows:


The clauses are quite standard is all SPAs. I think you're right. The vendor seems to be trying to wriggle out of it. If you think that you can give up on the house, then ask him to refund your deposit and pay legal fees incurred (check with your lawyer how much it'll cost). Get paid and then walk away.

Otherwise, you have the option of suing him, but it's not really a clear cut winnable case, as the SPA has not been executed. What can be shown is that the vendor is objecting to terms which are quite standard in SPAs. This would give rise to the assumption that the vendor is being difficult and had the intention to frustrate you so as to result in you deciding to abort the SPA due to inability to agree on the terms of the SPA.

But like I said, it's not a clear cut 100% case for you if you decide to bring it to Court. You may have to wait for months and even years (if there are subsequent appeals) for you to get the house.