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

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TSdariofoo
post Jul 21 2012, 03:24 PM

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QUOTE(mizeily @ Jul 21 2012, 07:22 AM)
Hi dariofoo..
Need ur advice..i am in d midst of buying an apartment thru an agent. But havent sign d S&P yet la..just deposit.the apartment is currently being rented out. Just say that after signing d s&p and the current tenant moves out,i receive an outstanding utilities /syabas bill (2-3months not paying bill)
1.) do i have to pay the outstanding amounts when i change the bill name from old owner to mine?
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Make sure that all outgoings are paid out by the vendor before handover of keys. Insist on receipts. Otherwise, have a clause to deduct from balance purchase price to pay for it. icon_rolleyes.gif
TSdariofoo
post Jul 24 2012, 11:35 AM

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QUOTE(kvloh @ Jul 23 2012, 10:17 AM)
Hi Dario,
Recently i'd purchase a 2nd hand properties freehold. Below are few things that i need to clarify cause i am new in this field  hmm.gif

-It takes more than 4 months to transact as developer doesn't allow direct transfer of title to me. is it true?

-Now my bank had release the first portion of money to settle the remaining loan amount to the vendor. How long it takes normally for me to get the key after this process?

-If the vendor couldn't find the document of the property and causing delay, how do i claim back the interest?

-How to make it faster for me to get the key??? it has been more than 2 weeks after the 1st portion of money had been release.  The amount is about 90% of my tatal loan amount and i need to pay the interest  cry.gif 

Thank in advance!

Kvloh.
*
- depends on the developer if they consent to do a direct transfer.

- hard to say. How hardworking are all parties involved?

- you can't. You just get your completion date extended.

- if it's still within the completion date, there's nothing much you can do. If delay from the vendor's side, even your lawyer can't do anything. Just have to be patient and wait.
TSdariofoo
post Jul 24 2012, 11:37 AM

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QUOTE(xbotzz @ Jul 23 2012, 10:50 AM)
Goodday Dario,

I am trying to read up so I will not repeat questions and I realised this is v2 and a v1 has 128pages  rclxub.gif
Ill read them up slowly, but I would appreciate if you can give some insights here.

When a project gives a promotion as below;
- SPA legal fee & disbursement fee absorbed by developer (subject to developer’s appointed lawyers)
- Loan document legal fee & disbursement fee absorbed by developer (subject to developer’s appointed lawyers)

What are the parts which are missing. This is a leasehold service-apartment going at 360xxx.

I am thinking we will have to pay for
- strata title/MOT later

I was told the buyer will have to pay for loan agreement stamp duty for 17xx.

Anything else we should be aware of?.

thanks
*
Parts which are missing? You mean like which part you have to pay yourself?

Stamp duty and disbursements would not be covered by the developer. Stamp duty for SPA would be nominal RM10 per copy. No MOT as yet so there's no stamp duty on transfer. Stamp duty on loan is 0.5% of loan sum.

TSdariofoo
post Jul 24 2012, 11:41 AM

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QUOTE(yunbo @ Jul 23 2012, 02:48 PM)
I'm not sure whether this is the right place to ask the following  question...

is it a normal practice for an agent to add 6% GST to the buyer's earnest deposit?

Example:
Property Purchase Price: RM115,000

3% Earnest Deposit: RM3,450
6% GST: RM207
Total Earnest Deposit= RM3,657
*
It is not GST. GST is not applicable in Malaysia yet.

What you have is service tax, which is 6%. However, not all service providers can collect service tax. I have not heard of real estate agents charging service tax before. Ask the agent to produce the certificate/license from Customs which authorises her company to collect service tax.

If they can't produce it and still want to charge you, I would strongly suggest that you report the agency to LPPEH in order for disciplinary proceedings to be taken out.

http://www.lppeh.gov.my/

I also think that it is a case of cheating which is an offence under S420, Penal Code. You can lodge a police report as well.


This post has been edited by dariofoo: Jul 24 2012, 11:41 AM
TSdariofoo
post Jul 24 2012, 11:47 AM

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QUOTE(Haara @ Jul 23 2012, 10:03 PM)
Hi Dario,

Need some advise..

I signed S&P early Dec last year for an apartment. According to the lawyer, the process now pending blanket consent from land office. Developer applied on early June 2012. Already obtained consent to transfer from Developer on May 2012. My question..

1) What is blanket consent? How to speed up the process? Can i go and check the status with land office? What doc do i need? Cos according to the lawyer, only developer can follow up with land office. Is it true?

2) S&P mentioned the following..

"The balance of the Purchase Price shall be paid within 3 mths from the date of receipt by the Common's Solicitors of a copy of Letter of Consent to Transfer of the said property to the Purchasers from the State Authority."

From this statement, is it the start date of my S&P after obtaining blanket consent from land office? Can vendor charge me for the delay? Or can I charge him? Can vendor cancel the agreement due to the delay?

3) I am using same lawyer with the vendor. How to protect my interest?

4) Whats the next process after getting the blanket consent. Approximately how long do i need to wait? How to push the lawyer to be more aggressive/efficient? I've waited for almost 8 mths now.

Pls advise. Thank you in advance.
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1. It would be where the Dev applies for consent on behalf and for all proprietors. If the Dev applied, then it is out of your hands personally. Your lawyer can push and follow up though. At least they should keep in touch with the Dev often.

2. Time starts to run from the date your lawyer receives the letter of consent. Whether vendor can charge delay, etc, or cancel - refer to your SPA as the terms are specific there. I can't tell you what is contained in your own SPA.

3. You appointed a lawyer recommended by the vendor? For your info, there's no such thing as you appointing the vendor's lawyer. It only works the other way around. If you were convinced by the vendor to take his lawyer, then you have been played out by the vendor. doh.gif

4. 8 months from date of application for consent or from the date you put in your earnest deposit? Count from the date of application.
TSdariofoo
post Jul 24 2012, 03:26 PM

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QUOTE(yunbo @ Jul 24 2012, 02:09 PM)
I argued, if that is the case it is the responsibility of the agent to collect from the Vendor, not charging the buyer's first then deduct later... Am I correct here? This is my first time buying a property, so I'm not sure whether this is the normal practice. By the way, all those "pay 6% fee first, deduct later" are not stated in the LO, which make me even more suspicious dry.gif
*
Yes, you're 100% correct. Don't pay in advance for the vendor. Plus, the vendor has not authorised you or your lawyer to deduct the said service tax from the balance deposit. You're taking a big risk if you proceed.


TSdariofoo
post Jul 24 2012, 07:10 PM

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QUOTE(sepilok0105 @ Jul 24 2012, 06:12 PM)
erm... I am totally new to buying a house... so i have a question here...

I have just paid the booking fees for the unit I am buying (which is a leasehold). Both of us, vendor and buyer has agreed that I will only sign the S&P after the vendor's lawyer has obtained the consent from the land office.

So the question is, do I need to appoint a lawyer at this point of time or I can just wait until the vendor has obtained the consent then I start looking for my lawyer?

Please help... quite urgent here...
*
How to apply for consent without a copy of the SPA? blink.gif
TSdariofoo
post Jul 25 2012, 10:33 AM

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QUOTE(sepilok0105 @ Jul 25 2012, 08:50 AM)
Well my situation here is I am getting the loan from my company... so I need to be a confirmed staff (which I hope to be in 3 months' time), at this point of time...
So if I have already engaged a lawyer to vet the SPA, do I have to proceed with the loan? Or I will start looking for the loan after the consent has been given? Can you share with me the proper procedure starting from agreeing to buy (paying booking fee) until the house is mine. What will my lawyer do, and what will the vendor's lawyer do. What sort of things are required?

thanks
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You need to apply for a loan now itself. Don't wait for later. If you have signed the SPA and paid 10%, later when you can't get a loan (worst case scenario), the vendor would be entitled to forfeit the 10% and cancel the transaction. Apply at the earliest opportunity. Consent can only be applied after the SPA has been signed, so appoint a lawyer now and let him handle everything and don't worry about the procedure and steps. It will only confuse you further.
TSdariofoo
post Jul 25 2012, 03:46 PM

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QUOTE(Snapcrack @ Jul 25 2012, 03:32 PM)
Anyone know if the SPA legal fees for leasehold properties is typically more expensive than for freehold properties?
Or is it the same?
*
Professional fees are the same. icon_rolleyes.gif
TSdariofoo
post Jul 25 2012, 04:11 PM

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QUOTE(Snowee @ Jul 25 2012, 04:01 PM)
Sorry maybe someone could have asked this question.  But I am in a hurry to find the answer to this.

My hubby owned a massage center and was sold to Party A.  The tenancy agreement for the shop was expired and landlord is still holding on the 2 months rental.  My hubby has verbally told the Landlord that party A will take over the shop and will continue paying the rent. 

However Landlord requested my hubby to serve 2 months termination notice.  And my hubby is required to pay for July & Aug rental.  And by Sep, Landlord will return him the 2 months deposits.

Questions:
1)  Is my hubby still be responsible for the shop even the agreement has already expired?
2)  Should my hubby pay for the 2 months rental and serve the termination period?

Please advise.
*
Is your husband still in possession of the premises? If so, then he is a tenant on a monthly basis. He still has to pay rental, notwithstanding the fact that the agreement has expired.
TSdariofoo
post Jul 25 2012, 04:32 PM

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QUOTE(Snowee @ Jul 25 2012, 04:26 PM)
No.  "A" supposed to continue paying rental since he has bought over the company.  But "A" suddenly changed his mind not to continue renting the shop.  "A" removes all the electrical thing and furniture and ready to move out.  I think this is what makes the landlord angry.

Landlord called my hubby and requested him to pay for the rental otherwise he will make a police report.
*
I don't follow your story. Earlier you said that your husband told the landlord verbally that A will continue to rent the shop and pay rental. Was there an agreement between the landlord and A with regard to this in the SPA? Or was this just a personal arrangement between your husband and A that A will take over?

How can A remove all the fixtures and furniture when he is not the tenant and if there was no agreement to prove same? If he is a purchaser, he would not get the keys until the end of the transaction. That is where I do not follow.

Please provide better details so I can advise you further. icon_rolleyes.gif

This post has been edited by dariofoo: Jul 25 2012, 04:33 PM
TSdariofoo
post Jul 25 2012, 05:43 PM

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QUOTE(Snowee @ Jul 25 2012, 05:24 PM)
Only verbally told Landlord that the company has been sold and that A will continue to pay rental.  There is no agreement between Landlord & A. 

The company was already sold to A and key has handed to him.  My hubby is no longer owned the company.  But my hubby is just worry that the Landlord will use the expired agreement against him.
*
Ok now I follow.

I assume that there was no agreement between your husband and A with regard to the sale of the business? If so, then it must include some terms with regard to the tenancy as the business was to have continued operations in the premises, right? If there is no agreement nor any clause, your husband is still considered the tenant on a monthly basis. As such, if he wants to terminate, he has to give one month notice to the landlord.

So, since the business is not in operation in the premises anymore (I hope I'm correct to assume that way), let the landlord forfeit one month rental being rental in lieu of notice, and then, he has to refund the other one month's deposit back to your husband in exchange for keys. That is the only way out which I can see. No point paying rental for 2 months when the premises are not going to be used.
TSdariofoo
post Jul 25 2012, 10:04 PM

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Mizeily, please refer to the many samples and advice which I've given in v1 of this thread.
TSdariofoo
post Jul 25 2012, 10:34 PM

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QUOTE(mizeily @ Jul 25 2012, 10:27 PM)
O..ok..will do..thanx..btw,the agent told me that the whole cost is including the bank legal fees as the current S&P lawyer is one of the banks panel lawyer..can like dat meh?
*
Can't be. There would be another set of fees for loan documentation.
TSdariofoo
post Jul 26 2012, 11:27 AM

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QUOTE(steventan85 @ Jul 26 2012, 10:41 AM)
can i request for a quotation for loan agreement lawyer fee from Bank's panel lawyer to compare with other firm ?

i borrow legal fee on top of housing loan amount from OCBC. the banker told me that OCBC need to redraft the LO , if i want to change the loan agreement lawyer to my developer's lawyer . But as far as i concern , LO doesnt stated down the lawyer firm appointed and LO doesnt not related to OCBC panel lawyer.

I consulted my developer office and they told me that i still can choose my own lawyer even i signed the LO. LO is LO , doesnt related to lawyer appointed. so no need to redraft LO...and the LO never mentioned about the lawyer firm as well.
*
Yes you can request.

LO depends from bank to bank. Some would state the name and particulars of the law firm appointed to handle the loan documentation with tel no in order for you to contact them. If there is no law firm stated there I see no reason why the bank would want to redraft the LO. You might want to check with another OCBC banker to see if this is common or whether your mortgage consultant is trying to pull a fast one on you in order for him to get his panel law firm to do it and collect some commission. icon_rolleyes.gif
TSdariofoo
post Jul 26 2012, 01:31 PM

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QUOTE(^Ware^wolf @ Jul 26 2012, 12:17 PM)
juz realised LO got stated down the solicitor's address and contact no.

and its written OCBC's solicitor. so i guess i will juz use back their panel . i believe they wont overcharge as there is guideline by bar council to follow right ? and i can dispute them for the amount charge if i found not reasonable isnt it ?

thanks a lot Dario !
*
You should always get a quotation from the law firm first BEFORE you appoint them. Once work has commenced it's going to be a problem to switch. If you had taken the same solicitor for your SPA, you could've requested for a discount on disbursements (expenses) as this would be given if you take the same solicitor for both. That would be one advantage, plus it would save time as well.

Legal fees follow the scale but disbursements always differ from firm to firm.



This post has been edited by dariofoo: Jul 26 2012, 03:16 PM
TSdariofoo
post Jul 26 2012, 03:19 PM

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QUOTE(steventan85 @ Jul 26 2012, 01:36 PM)
the bank appointed the firm without my acknowledge. i have yet to provide sufficient documents to proceed for the loan. they still need some documents frm me ..
*
By right they should let you choose your lawyer. Even for banks who insist on their 'full panel' firm of solicitors, they should give you a list of it and let you choose yourself.

But in practice, some (am not saying all smile.gif ) want to cari makan so they would automatically push it to their own personal panel firm in order for some moneyflies.gif to fly their way. smile.gif
TSdariofoo
post Jul 26 2012, 03:34 PM

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QUOTE(steventan85 @ Jul 26 2012, 03:23 PM)
i see. i dont mind about that as long as the fees charge is reasonable. and smooth process smile.gif

but i cant get quotation to compare d.. sad.gif
*
If you rajin you can browse through the various samples and my comments thereto in v1 of this thread. icon_rolleyes.gif
TSdariofoo
post Jul 26 2012, 05:05 PM

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QUOTE(steventan85 @ Jul 26 2012, 03:40 PM)
yeah.. saw a lot of examples.. but can we dispute on the charges in case they charge unreasonable disbursement fee ?

thanks a lot for ur effort. appreciate it !  notworthy.gif  notworthy.gif
*
Not dispute but ask them to justify. If cannot justify, then ask for it to be slashed or charged accordingly. icon_rolleyes.gif
TSdariofoo
post Jul 26 2012, 06:16 PM

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QUOTE(nookie188 @ Jul 26 2012, 05:49 PM)
Hi Dario

Bought a condo about 3 years ago from the secondary market..
now title is out..

do i  have to pay stamp  duty to register the title in my name??

tks
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When you bought it as a subsale you would've paid full stamp duty on the DOA.

Now your MOT would only required nominal stamp duty of RM10 to be paid. icon_rolleyes.gif

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