Yes, parties can amend the SPA. But do check what it is. Probably a typo? Error? At least they should inform you what it is.

Amendments are practised but am not sure if it is COMMON. Can't back it up with any database or somesort. SPA would still be valid,no prob.

If you refuse? What if the amendment goes to the root of the contract and affects the performance of the contract? Then would it not end up being detrimental to you?

The developer fixed it at their own cost right? Then you have not suffered any direct pecuniary losses.

Other losses - Trauma? Toilet-Phobia (google it up, there is such a thing) ? Anguish? Depression?

If you want to prove mental suffering, anguish, trauma, etc, you need to get a psychiatric report to confirm that your mental condition is a direct consequence of the crappy (no pun intended) service by the developer.

That itself would not be easy.

Then it goes to assessment of damages (compensation) - how much can you get for such mental suffering, anguish, trauma, etc, ? How to assess? How long is the impact? Curable? Permanent?

Do bear in mind that you need to bear the costs of the medical reports, etc first, without any guarantee of success. So do bear the pros and cons before pursuing the matter further.

Excellent. Do a clean transfer with "love and affection from husband to wife" as consideration via a memorandum of transfer (MOT).

100% exemption upon stamp duty on the MOT and perhaps just few hundred in disbursements.

Legal fees would be a reasonable figure not more than the scaled fees according to the market value of the property at the time of transfer. In other words, it's negotiable.

The work is minimal anyway, as there is no SPA involved. Don't be tricked into paying more for preparation of Deed of Gift, etc. That is not needed based on the facts of your case, i.e. from husband to wife.

All in all, can be completed within 3-4 weeks at the soonest.

Happy new year to you too, chief. Have a great year ahead.

You don't need to pay. Forward the bill to the purchaser's solicitors for onward transmission to the purchaser, and remind them that the purchaser has yet to do the change of name at the local authority. Put it down in writing. Insist on a receipt to be sent to you after payment so that you know it has been paid.

You did not mention if it is the first time which both parties are making the withdrawal from EPF.

In other words, did either party make a withdrawal from EPF when purchasing the first house respectively? If yes, then you can't make another withdrawal until that house is sold off.

Another thing to note is that for withdrawal for purchase of property with a party who is not a kin, the other party must be the purchaser AND borrower as well.

1. Vendor should buzz your lawyer, not you. Vendor should not have direct contact with you since you have a solicitor who is representing you. As for your query on purpose of agent - you'd better off asking an agent rather than here.

2. Sorry I don't get your question.

3. Owner settles all utilities up to date of surrender of keys. It will be pro-rated, though some vendors don't mind and round it up to the month to make it easier. Perhaps the 3 months maintenance refers to advance deposit required by the management office. I'd suggest that you ask your solicitor to just check with the office to see what the rules are. Don't just take the agent or vendor's words at face value. And ask for receipt for payment for January 2012 also. Your bank will require it for the final drawdown/release.

HAPPY NEW YEAR 2012 TO ALL! MAY YOU ALL HAVE A BLESSED YEAR AHEAD!

Well, you have another 2 months to go and as you said, bank is ready to release first drawdown. That's quite fast actually.

Once the tenancy expires, the tenancy continues on a month-to-month basis. Landlord has the right to negotiate new terms for continuation of rental. If you don't agree, you have the right to be given notice of one month to vacate the premises. So in this case, either you agree to the new terms or you move out. Remember that during the one month notice period, you still pay the old rental and not the new one. Landlord has no right to impose new rental without your agreement.

You can download it from LHDN website.

Yes, they accept printed forms.

You don't need to pass to your lawyer anything. Submission of CKHT forms has nothing to do with MOT.

Ok cool. As I mentioned, since she is not your kin, she has to be the purchaser and borrower with you as well in order for her to qualify for withdrawal.

1. Depends on how much property involved, whether there are outstanding liabilities, collection of documents in relation to assets, etc. It's hard to tell. Depends on how efficient your lawyer is as well.

2. Just make sure that complete documentation is given to your lawyer from the first point itself. Even if it takes time, dig up everything and compile it properly before handing it over.

3. No fixed scaled fees. Differs from lawyer to lawyer.

4. You're talking about in the future when the property is ready to be put up for sale? With regard to valuer, do you have direct contact to one? Do bear in mind that there are charges to be paid for the valuation. You might as well first go online and check out the prices put up for other units in the same area. After that, if you're confident with the price, you can advertise to sell it on your own or appoint a real estate agent to do the sale for you.

5. Never heard of this before. Funny if it really is true though.

After separating the wheat from the chaff, I think what you're asking is - what action can the authorities take against the owners of the property if you fail to pay quit rent or assessment, right?

Firstly there would be reminders sent to the address of the property. Many would be sent and it would accumulate.

Well, if they do select your particular unit for enforcement - most likely in years to come - they can get an order to sita (seize) any movable property found therein and put it up for public auction, and the proceeds from same would be used to pay the due payment plus costs. Any excess sum would be paid to you after all deductions have been made.

Appoint a good lawyer as it is his job to highlight to you your rights as a purchaser, not the other way round. The lawyer would prepare the SPA on your behalf. All you need to do at this moment is to get all the relevant documents for him, or ask the agent to do it for you - the letter of offer to purchase, copy of ICs of vendor and yourself, copy of principal SPA, assessment and quit rent receipts, vendor's loan particulars, copy of title (if any).

Get the ball rolling first and if you have a specific answer, do come back and ask.

Then just give a photocopy of the acknowledgement to the lawyer.

If you elect to do it on your own, the lawyer will prepare a disclaimer whereby you agree to take full responsibility of submission of the CKHT forms and all consequences arising therefrom. After that, the lawyer has no business as to whether you submit it or not. It's not part of his professional duties anymore.

Sorry to hear about your situation.

Perhaps you can take photographs of the current situation for record purposes. Hand in a copy of the photos to the developer and get it acknowledged.

If the damage extends to your flooring and wardrobe, then you have actual loss and you can sue them for negligence. But do take precautions like to block the gap at the bottom of the door to at least prevent it from seeping through. You can't just let it flow, and then later just claim for damages. You need to show that you had taken measures to prevent, or at least mitigate any damage.

Are you the only one facing this problem? Are there others? Gang up and try making some noise. Is there a JMB? Approach a committee member and raise the issue. See what comes out of it.

Apart from the above, I can't advise you any further than I did in my reply to you earlier.

It's quite clear that the purchase comes with an existing tenancy over the property, which you have accepted and agreed to continue to subsist through your conduct in accepting the deposits. So you now step into the shoes of the vendor as the landlord. Is there a tenancy agreement entered into between the vendor and tenant prior to this?

So, it doesn't really matter if you have an agreement with him.

Everything is verbal or through conduct - that's why it becomes messy.

By right you ought to have asked the vendor to give him notice of default of payment and terminated the tenancy with one month's notice back in December when he defaulted in payment of rental.

Now, you have not terminated the tenancy in writing, but through the conduct of both parties. it does appear that the tenancy has been determined through agreement - you have refunded to him one month's rent and he has accepted it (cheque for that cleared?)

So one good thing is that he can't later claim that you had unlawfully terminated the tenancy and/or unlawfully evicted him.

You might want to put something in writing now to state:

1) Another one month's deposit is to set-off rental for Dec 2011; and
2) Cheque No___________ has been stopped as you had, on xxx date, inspected the premises and discovered the following defects and damage to the property and/or the premises which warrants the following repairs:

* list down all repairs to be made and estimated costs.

Also state and list down unpaid bills, with the bills annexed to it.

At the bottom, inform him that the cheque for payment was stopped as the monies would be used to make good the said repairs and settle the outstanding bills.

[Is the sum of RM1600.00 enough to cover everything? If not enough, you need to put in another clause which states that you have the right to initiate legal proceedings against the tenant in the event the deposits held is not sufficient for above matters]

Hand it over to the tenant and get it acknowledged by the tenant on every page.

Then you proceed to do the necessary - if got excess, refund it to him.

He has moved out? If you can still meet him might as well go by hand. Or perhaps courier. Registered mail is not mandatory, and it is not the speediest method. You wait ages to get the AR card back.