so can I state that the MOT must be completed in, for example, 3+3 months? failing to do that, i want all my deposit to be refunded?

Another scenario, If I already paid the 3% booking fee, and then realised there's a problem with the MOT... can I refuse not to sign the SPA and want my earnest money back?

Another scenario, if the property is under auction...can a developer refuses to do a direct transfer of MOT to the successful bidder?

- since no completion yet, cant i just tell the seller to anyway go ahead and apply immediately to reconnect the utilities in his name?

- this seller is asking me to clean the house and cut the grass to make it habitable for him at completion and this is not in the agreement anyway, and i did not agree to do that verbally either...buyer has  a half past six lawyer who is not helping matters..I dont wish to conclude this sale on a sour note ..

what is my legal obligation in this case?

Thanks

Thanks Dario..

for the caveat, when will this usually be lifted by vendor's solicitors - shouldnt this be after completion?

yes, am the vendor ..

the caveat must have been lodged by the bank that provided me with the mortgage..but now that the loan has been redeemed, when will the caveat be
lifted? after the final disbursement due to me has been paid by the purchaser's bank?

what i dont understand is that since both the vendor and purchaser are using the same bank so why the need to discharge and then charge again?

Question,

Mother has 3 children, named A, B and C. The house is own by a mother and one of her son (named A).
One day mother past away. The house is totally own by whom?
In this case, no willing applied.

  a, equally for 3 children, named A, B and C.
  b, totally transfer to the son (named A) who has a name on the Sale And Purchase Agreement.
  c, others upshot.

if a person want to buy a house with cash. The developer has the house under their name (now the house is under construction, build then sell scheme), the sales person told that the procedure is basically like this:
1. Pay booking fee rm5000
2. Pay the rest of the money through installment (probably 5 sections, with the last installment shall be paid when they get the house key, likely to be end of the year)
so far the booking fees had been paid and receipt was issued. anyways, did they (sales manager) get the thing right?

another concern is that
1. when should the purchaser sign the s&p? probably after/ before which installment?
2. Is the any other documents the purchaser should sign? since there is not loan agreement
thanks if any can help on this

thanks dario ..I find that some times in this world it does not pay to be nice as it could be interpreted by the other side as
"weakness" for which they will try to capitalize on it more by making more unreasonable ie crazy demands..
its not a standard procedure anyway to clean up a property that one has sold ...

the buyer has now padlocked the outside gate so does that means he is forcibly taking VP before completion? So let us say in a brief moment of madness,
i decide to get the house cleaned and grass mowed, i cant even get in so macam mana?

guess he has to take me to court to get the lawn mowed and the house cleaned!

my lawyer is getting exasperated .

the buyer got his half past six lawyer to write us a letter demanding that we made good of the
"defects" (?) or otherwise he is going to do it himself and send the bill to us...i know he does not have a case but i think i am dealing with someone who is actually quite mad to put it mildly..

lesson learned - think twice about selling your prop to certain foreigners ...my lawyer warned me about it but i did not heed her advice..

The mother's husband is still alive. Means the beneficiary would be the mother's husband?
The case returning to the same as above. Only the character change to the father.

Hey dario,
Collected 10% of sale of property...

All documents have been sign and original documents required by the lawyer given..

 
So my ques, is

1) This stage the lawyer preparing S&P with the purchasers banker? to get the 90%

2) what else they will do? search for bankruptcy? or the lawyer have done their searches before release the 10%?

3) They have obtained their properties title from the developer.

please advice, thanks

dariafoo, sorry another noob questions

1. If I were to put the condition "MOT must be applied & completed within stipulated period, otherwise refund my deposit", can the vendor twists that condition by not applying the MOT and let it lapse, and not refunding my deposit

2. If I've already paid  the legal fees, but afterthat the SPA become void ... can I claim back at least half the legal fees from lawyer? (i think we cant claim the full amt, because the lawyer has already done some job, rite?)

3. If the SPA is void not due to purchaser's problem but vendor, can we ask for the deposit refund + legal cost from vendor? 

4. I dont know whether I should ask this question to you as well, it is regarding loan application... People advise me once you've placed the 3% deposit, we can use that LO to straight away apply loan & no need to wait for the SPA, hence the loan application can be processed faster... but in this case, should I wait for the MOT to be transferred to the vendor first, then I only apply for loan?

---
. and I want to ask you about auction property, but the developer has gone bankrupt... what would be the complications for the bidder if:

5. Case 1: Strata Title hasn't been issued yet
6. Case 2: Strata Title is under the borrower's name
7. Case 3: Strata Title has been issued but hasn't been transferred to the borrower yet

8. or buyer should just avoid wind-up property developer?

let say, i am the vendor..to sell the prop. The purchaser lawyer same with mine. Apt. No, all paid, so no encumbered with the bank.

Say, MRTA is paid earlier, can i claim back some portion from the purchaser, since the apt insurance is fully paid up.
thanks again

Dariofoo
The real property gains tax is calculated from which date ?

a. S&P date

b. date of letter of consent from land office (if required)

c. date of transfer of purchaser name on land/strata title.

Situation:

Mr.A has a property he wants to sell at RM400,000. No loans on the property

Mr.B has a property he wants to sell at RM 220,000. Servicing loan of 10 years. Currently in 2nd year

Both parties interested to swap property.  Mr B to top up balance via bank loan.

What are the legal procedure to do this? risks and concerns? Fees ?
Appreciate any help

Thanks

Hi Dario
1)if the strata title of a property is out, whether or not the owner can transfer direct to the subsequent buyer depends on the developer's consent?

2) if the owner does not hv the title transferred to his/her name within the deadline, what are the consequences if any?
thanks

1) since strata title is out, the owner is to  execute MOT with developer to get the title registered in owner's name..if owner decides to delay the registration to save on stamp duty as the unit is for sale, is developer's consent for direct transfer required?

2) deadline under clause 40A (2) of the Strata titles Act 1985 ...

Thanks for reply

Problem is A does not want to put SPA of 400k or higher. A wants to put SPA less than 400k to avoid RGPT 
and
B prefers to get 100% loan by putting SPA of >400k or minimal downpayment of  <20k because B does not have enough cash to pay downpayment should A put a lower value in SPA

after our old tenancy agreement expired,the landlord make a new one without stamping it.can i know if the new agreement is legal?

what to ask, tenancy agreement ends on jun 2012, but my dad agrees with the tenant in jan 2012 to rent till dec 2012 verbally. now wish to collect back the house, already given 3 month notice to the tenant to move out by end of aug 12.

but tenant quite reluctant to move out.

which party is right? tenant ot owner?

thanks.

p/s change of mind to collect back the house earlier bcoz my current rental place will be collect back by owner on 1/9/12. only know about that 3 months ago, so have to get back the house to stay.

anywhere that i can report him?cos agreement ending aug 2012,he just sms me on 12 july to move out on aug.no 3 mths notice.asking me to pay all due before moving out.i've paid him 2+1 deposit when shifting in.do i have to pay him or stay for 3 more mths.tq for reply.