There are lots of cases like these. Some win, some lose.

Few things to take into account:

1. Sue the right party. The right party would be the JMB or the MC, not the security company.

2. The suit is for negligence. JMB would have to be shown to be negligent by appointing a security company whihc is not up to par. The test is objective. One needs to look at the facts of the case first. What were the precautions taken by JMB ? How many guards, security system, CCTV, access cards etc. Did they fail to take precautions?

3. JMB is not respnsible for the safety and security of private units. They are only responsible for the common property only. However, if the access point and entry point into the condo is guarded by individuals appointed by the JMB, then they have a duty to check and inspect the guests that enter. It would be a stronger case if it was an inside job, i.e. the guards themselves did it.

4. Losses must be proven specifically with documents. Jewelry lost? Produce receipt. Cash? Show bank accounts. Other items - must show receipts or it may be deemed to be an afterthought.

5. Does the JMb have money? This is important. No point obtaining a paper judgment.

It will not be easy to successfully sue the JMB, so proper preparation and gathering of evidence is very important before deciding whether to proceed.

3. Common property is everything else except the individual units. Check the definition in the Act. The Act does not place any obligations upon the MC to ensure the safety of the indiv units. Burden of proof is upon the victim to show that the MC was negligent in its duty to guard the common property, leading to an encroachment into the private unit. Example would be like the guardhouse scenario in my last post.

5. If they can show that they don't have money and that is due to the non payment by owners, then whoh can blame them? At the end of the day, the MC is by the owners. Even if you sue them,would they have money to pay?

I would suggest that you consult a lawyer and get a proper tenancy agreement done. Your draft is clearly insufficient.

What was provided for in your SPA? All terms and conditions are so you'll need to refer there.

Normally if got outstanding outgoings by vendor then there should be a clause that the balance purchase price will be deducted to settle those bills and only then will the balance be paid to the vendor. Check your SPA.

Normally it is the lawyer's duty to ensure that outgoings are settled. It is only not their duty to ensure that change of name (for utilities accounts) is done.

Probably you didn't factor in legal fees for loan documentation. There's 2 set of legal fees. One for SPA and for loan. Get an invoice from them and check. Easy.

Your question is whether I think you're ridiculous to do the above without appointing a lawyer to act on your behalf?

My answer is NO, it is not ridiculous.

For Indah Water, there's nothing to cut. You just fax to Indah Water the relevant pages of the SPA and they'll update their system to include the purchaser as the client.



This post has been edited by dariofoo: Aug 3 2012, 04:24 PM

Pay TNB and then look for the tenant. If can trace, go for civil suit to recover. I can't trace, nothing much can do. No point wasting money on legal fees just to get a paper judgment.

Read the draft SPA properly. For change of name, make sure that purchaser does it, not you.

If the time given has lapsed, you can opt to repudiate the agreement by giving notice in writing to the other side. I'm sure that would have been provided for in your SPA. Look at it and see how the procedure is. Once you give notice in writing and follow the procedures as per the SPA, there is no way for the SPA to proceed any further. As such, the issue of the transaction "accidently" proceeding does not arise at all.

If you do not give notice in writing to repudiate, the other side may assume that you have impliedly consented to an extension of time (subject to whether there is a non-waiver clause in your SPA). You would then later be estopped from asserting on your rights and argue that it has lapsed.

Does your SPA state that the purchaser's lawyer is obliged to do it? Or is it the purchaser? You might be complaining to the wrong channel here.

Make sure you get the notice sent by hand and acknowledged in writing.

Well, before the bank releases drawdown of the loan, they would request for a letter from the lawyer confirming that the vnedor has consented an extension of time to complete the SPA. There is no requirement that the letter must be from the vendor (assuming that the vendor is not represented). So, the lawyer may still proceed. However, that is not only unethical but is also serious misrepresentation (even fraud, I might add) and it can result in serious consequences against the lawyer concerned in the form of disciplinary proceedings which could even be initiated by the bank.

These are the types of lawyers that put the legal profession to shame.

How can they charge you for Charge Annexure when there is a Master Title? The bank cannot create a charge over the master title.

And when there is Master Title, the banks would not lodge a caveat over it. They would consent to a waiver.

This lawyer is taking you for a ride.

Furthermore, for freehold, why the need for consent to charge? Does the land come with any restrictions in interest?

For charge annexure it is only due when strata title is out. By right they can't bill you now for it. Furthermore, there is no requirement for you to retain them to do the strata title later anyway.

Encumbrances refers to a charge over the master title. Restrictions refer to whether consent is needed or otherwise.

For seller, the professional fees would be the same if you appoint your own lawyer.

If you authorise the purchaser's lawyer to do the redemption of your loan for you, then the legal fees are only:

1) Discharge of charge/deed of RnR: RM300 (add RM100 if RnR involves revocation of PA)
2) Filing of CKHT forms : RM300/pax.

For disbursements, it would be much lesser, and depends on whether the property is still encumbered to your financier or not.

I'm sure there would be a sample somewhere in v1.

This post has been edited by dariofoo: Aug 7 2012, 02:47 PM

You would need to pay for stamp duty upon the memorandum of transfer when the property is completed and strata title is issued.

Yes

You should not get confused by mixing up the terms - fees and charges.

Just look at it this way for a moment:

SPA - legal fees, stamp duty for MOT, and disbursements. 3 separate things.

LOAN - legal fees, stamp duty for loan doc, and disbursements. 3 separate things.

From what you have informed, the developer will bear the legal fees for SPA and LOAN. As I have informed you, stamp duty for MOT is not applicable yet. So, it is confirmed that you would have to pay stamp duty for loan doc.

Developer will bear legal fees fro SPA and LOAN.

So now all you need to do is to check with the developer if disbursements are to be borne by you or whether it is included. Then you'll get your answer.

If possible, scan and attach the Offer to Purchase here so I can take a look and advise you better.

Poorly drafted and very ambigious. It can be argued either way. However I would say that you have a stronger case for full refund of the deposit as-

1. It is stated that the above terms is subject to loan approval. As such, the 15 days does not even begin to run until your loan is approved.

2. It should state the number of days for you to apply for a loan and obtain approval. Perhaps 10 working days. Snce there is nothing there to reflect a time limit, the benefit of the doubt must be given in your favour., i.e. partiew did not agree on a limit.

3. It should state a number of days for you to show proof of rejectal of loan. Mre often than not, a clause requiring proof via letter of rejectal by the bank would be inserted. Snce there is none there, the benefit of the doubt must be given in your favour again, i.e. that there is no need to even show proof of rejectal in writing (verbal is ok) and that there is no time limit for you to furnish the letter. It's better for your case that you have a letter of rejectal.

Insist for you deposit to be refunded. If the agent is evasive, consult a lawyer and take it further.

Buying from developer under Schedule G or H agreement attracts lower scale of fees. Please download and refer to SRO at first page of this thread.

Kindly refer to the first few pages of v1 of Lawyer's Corner. There has been a long discussion on this topic there. If there are any further enquiries after you peruse the posts, do come back and ask.