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

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TSdariofoo
post Mar 19 2012, 12:37 AM

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QUOTE(whchong3 @ Mar 18 2012, 03:41 PM)
hi... i am a student. can i know what is contract (amendment act)?
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An amendment act is to add/vary certain section of the principal act. In this case, the Contracts Act 1950. The only amendment act for this Act would be one in 1976, which pretty much adds in sections on scholarships agreements.
soujiro_seta
post Mar 19 2012, 02:17 AM

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Hi.

I would like to ask about discrepancy of First Schedule in SnP to the purchased parcel.
The purchased parcel is intermediate unit of a service apartment, but layout shown in SnP was a corner unit which result to less nos. of windows (as corner unit commonly have more windows at the corner side).
Besides, the SnP did not stated that the purchased parcel would be intermediate unit but only by general perception of the purchaser through the storey layout.
That leads the purchaser to assume that the window could still be constructed as per in the unit's layout.
Does the purchaser can dispute the matter with the developer? hmm.gif

Thanks.
jay5840
post Mar 19 2012, 10:50 AM

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I just received letter from developer that my strata titles are ready to be claimed. Normally, the legals fee and the stamp duty are based on the current market price or the purchasing price?
TSdariofoo
post Mar 19 2012, 01:07 PM

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QUOTE(soujiro_seta @ Mar 19 2012, 02:17 AM)
Hi.

I would like to ask about discrepancy of First Schedule in SnP to the purchased parcel.
The purchased parcel is intermediate unit of a service apartment, but layout shown in SnP was a corner unit which result to less nos. of windows (as corner unit commonly have more windows at the corner side).
Besides, the SnP did not stated that the purchased parcel would be intermediate unit but only by general perception of the purchaser through the storey layout.
That leads the purchaser to assume that the window could still be constructed as per in the unit's layout.
Does the purchaser can dispute the matter with the developer?  hmm.gif

Thanks.
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If you dispute it, the developer can say that it was a genuine mistake and that the correct layout for the intermediate unit ought to have been annexed. I can't see how you can dispute it and ask for the same layout as a corner unit. It just doesn't make sense. Unless you want a window to join with your next door neighbour's side wall? rclxub.gif
TSdariofoo
post Mar 19 2012, 01:08 PM

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QUOTE(jay5840 @ Mar 19 2012, 10:50 AM)
I just received letter from developer that my strata titles are ready to be claimed. Normally, the legals fee and the stamp duty are based on the current market price or the purchasing price?
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Price in the SPA. nod.gif
jay5840
post Mar 19 2012, 02:36 PM

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QUOTE(dariofoo @ Mar 19 2012, 02:08 PM)
Price in the SPA.  nod.gif
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Thank you very much. biggrin.gif
simtien
post Mar 19 2012, 04:22 PM

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Hi, I am selling my house at the price of RM75k, leasehold. I owned that house for roughly 20 years. I am engaging the same lawyer who is from the purchaser.

As I understand, all legal fees and misc. fees will be bared by the purchaser. However, today, the lawyer told me that I need to pay to them RM702 which includes the processing fees for CHKT and some other disbursement fees. Is it true?

MUST I pay the fees? Or do I have the right to refuse to pay? Honestly speaking, I am very unhappy with this lawyer as they didn't inform anything about this at the very first stage.

If I really must pay for those fees, can you please tell me what are those fees?

Your soonest reply and assistance are very much appreciated. smile.gif

Thank you.



By the way, I also understand that after the booking fees paid by the purchaser, I should signing the S&P and receive my 10% deposit in 14 working days right? If it is delayed, do I have any right to penalty them, and what will be the terms and condition.
TSdariofoo
post Mar 19 2012, 04:30 PM

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QUOTE(simtien @ Mar 19 2012, 04:22 PM)
Hi, I am selling my house at the price of RM75k, leasehold. I owned that house for roughly 20 years. I am engaging the same lawyer who is from the purchaser.

As I understand, all legal fees and misc. fees will be bared by the purchaser. However, today, the lawyer told me that I need to pay to them RM702 which includes the processing fees for CHKT and some other disbursement fees. Is it true?

MUST I pay the fees? Or do I have the right to refuse to pay? Honestly speaking, I am very unhappy with this lawyer as they didn't inform anything about this at the very first stage.

If I really must pay for those fees, can you please tell me what are those fees?

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Yes you do have to pay such fees if you appoint them to do so.

CKHT 1A is RM300 per pax which is fixed. The rest of it must be disbursements. I assume that your loan has been fully settled so there's no redemption and discharge of charge to prepare. Otherwise, you would have to pay more. You ought to request for a detailed invoice/note of charges so that you know what you are being billed for.

If the only outstanding thing is filing of then CKHT 1A form then you might as well do it on your own, provided you know how to do so. Perhaps you would need to contact LHDN hotline to find out the procedure and visit a branch to find out how to fill up the form. Filing is free and you can download the forms from the LHDN website.

Purchaser pays full scaled fees which are much higher than the ones you are paying. So you can't compare with that.


QUOTE(simtien @ Mar 19 2012, 04:22 PM)
By the way, I also understand that after the booking fees paid by the purchaser, I should signing the S&P and receive my 10% deposit in 14 working days right? If it is delayed, do I have any right to penalty them, and what will be the terms and condition.
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Did you sign a letter of offer to purchase or any other agreement when the booking fees are paid? If yes, then go by the terms of that document. Otherwise, there's nothing to bind the parties in any way. There is no law which fixes the SPA to be signed within 14 days from the date of payment of booking fees/earnest deposit. All terms and conditions ought to have been ironed out before the booking fees/earnest deposit is paid to you.

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simtien
post Mar 19 2012, 05:00 PM

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QUOTE(dariofoo @ Mar 19 2012, 04:30 PM)
Yes you do have to pay such fees if you appoint them to do so.

CKHT 1A is RM300 per pax which is fixed. The rest of it must be disbursements. I assume that your loan has been fully settled so there's no redemption and discharge of charge to prepare. Otherwise, you would have to pay more. You ought to request for a detailed invoice/note of charges so that you know what you are being billed for.

If the only outstanding thing is filing of then CKHT 1A form then you might as well do it on your own, provided you know how to do so. Perhaps you would need to contact LHDN hotline to find out the procedure and visit a branch to find out how to fill up the form. Filing is free and you can download the forms from the LHDN website.

Purchaser pays full scaled fees which are much higher than the ones you are paying. So you can't compare with that.
Did you sign a letter of offer to purchase or any other agreement when the booking fees are paid? If yes, then go by the terms of that document. Otherwise, there's nothing to bind the parties in any way. There is no law which fixes the SPA to be signed within 14 days from the date of payment of booking fees/earnest deposit. All terms and conditions ought to have been ironed out before the booking fees/earnest deposit is paid to you.

icon_rolleyes.gif
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I see. Thanks a lot.

Yes, my loan has been fully settled.

So, apart from the RM300 for CKHT 1A, is it a MUST for me (as the seller) to pay the disbursement fees?

Do you mind to share with me what are the standard disbursement fees involved?

By the way, any possibility that I can ask discounts from the lawyer?

Thank you.

This post has been edited by simtien: Mar 19 2012, 05:01 PM
syy
post Mar 19 2012, 05:14 PM

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Hi, I would like to know what is the difference between Geran Mukim & Hakmilik Sementara (bersamaan dengan hakmilik pejabat tanah). Both are freehold land. I have noticed that my house title is also under hakmilik sementara although it is freehold. Thanks.
simtien
post Mar 19 2012, 11:52 PM

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QUOTE(simtien @ Mar 19 2012, 05:00 PM)
I see. Thanks a lot.

Yes, my loan has been fully settled.

So, apart from the RM300 for CKHT 1A, is it a MUST for me (as the seller) to pay the disbursement fees?

Do you mind to share with me what are the standard disbursement fees involved?

By the way, any possibility that I can ask discounts from the lawyer?

Thank you.
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Bro, some other questions that hope you can assist:

1. Do I need to submit my geran to the lawyer during I sign S&P?
2. The lawyer told me that during the time of signing MOT, the purchaser will pay the remaining balance to the lawyer, then after roughly 14 days, the lawyer will only release the money to me. Is it true?

Thank you.

jd4eva
post Mar 20 2012, 01:48 PM

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need assistance here.

I received a quote for purchasing a property cost 165k, breakdown as below

Sale n purchase agreement = 1605
deed of assignment = 200
form ckht-2 = 200
6% service tax = 120.30

stamp duties on SPA = 40
stamp duty on transfer = 2300
stamp duties on deed of assignment = 40
adjudication = 10
title search = 100
bankruptcy search = 50
administrative charges (developer) = 50
admin charge for change of ownership = 150
faxing, photocopy, telephone, printing = 150
misc = 50
travelling expenses = 150

Total 5185.30

I am keen to know whether this is cheap or can further reduce the cost....

TSdariofoo
post Mar 20 2012, 02:09 PM

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QUOTE(simtien @ Mar 19 2012, 05:00 PM)
So, apart from the RM300 for CKHT 1A, is it a MUST for me (as the seller) to pay the disbursement fees?

Do you mind to share with me what are the standard disbursement fees involved?

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I've already advised you to ask for a breakdown of the fees involved. You can find out more there.


QUOTE(simtien @ Mar 19 2012, 05:00 PM)
By the way, any possibility that I can ask discounts from the lawyer?
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Go to the first page of this thread and read the rules, in particular rule no.4
TSdariofoo
post Mar 20 2012, 02:12 PM

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QUOTE(simtien @ Mar 19 2012, 11:52 PM)
Bro, some other questions that hope you can assist:

1. Do I need to submit my geran to the lawyer during I sign S&P?
2. The lawyer told me that during the time of signing MOT, the purchaser will pay the remaining balance to the lawyer, then after roughly 14 days, the lawyer will only release the money to me. Is it true?

Thank you.
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Both your questions depend on what is agreed in the SPA. Of course you have to submit the original geran to the Purchaser's Lawyer but WHEN you submit the geran to him is up to how parties agree for it in the SPA.
TSdariofoo
post Mar 20 2012, 02:13 PM

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QUOTE(syy @ Mar 19 2012, 05:14 PM)
Hi, I would like to know what is the difference between Geran Mukim & Hakmilik Sementara (bersamaan dengan hakmilik pejabat tanah). Both are freehold land. I have noticed that my house title is also under hakmilik sementara although it is freehold. Thanks.
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GM is a final title where the boundaries are permanent. Hakmilik Sementara, whether it is HSM or HSD, is a temporary title where the final boundaries are not yet determined and finalised. icon_rolleyes.gif
syy
post Mar 20 2012, 02:26 PM

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QUOTE(dariofoo @ Mar 20 2012, 02:13 PM)
GM is a final title where the boundaries are permanent. Hakmilik Sementara, whether it is HSM or HSD, is a temporary title where the final boundaries are not yet determined and finalised.  icon_rolleyes.gif
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oic, when will the Hakmilik Sementara will become GM?
And if I'm going to buy the land, is there any chance that the lot will become smaller?
(sorry, absolutely zero knowledge abt this) sweat.gif
Thanks.
TSdariofoo
post Mar 20 2012, 03:04 PM

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QUOTE(syy @ Mar 20 2012, 02:26 PM)
oic, when will the Hakmilik Sementara will become GM?
And if I'm going to buy the land, is there any chance that the lot will become smaller?
(sorry, absolutely zero knowledge abt this)  sweat.gif
Thanks.
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You need to ask the land office on that. icon_rolleyes.gif
westlife
post Mar 21 2012, 02:02 PM

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dear dariofoo,

may i ask a qns?

if i signed the SNP and loan agreement (bank) for a property one month ago, is it possible for me to cancel the agreement (means i do not want to buy the house anymore) by paying penalty or so?

I had paid so far rm2k booking fee for the property.

the legal fee for both SNP and loan agreements are absorbed by the developer.


alvinchien1981
post Mar 21 2012, 07:37 PM

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Hi Dario,

I am Mr. Chien here.
I had buy a condo 2 years ago.
Today i receive letter from my bank loan lawyer, regarding Perfection of Charge regarding Original Issue Document of Individual Title for the property has been duly issued. I had loan from bank total of RM182,517 for this condo.
Below are charges asking from my bank loan lawyer.
Could you advise if this cost make sence?

Perfection of charge RM 482
Consent To Charge RM 300

Stamp Duty on Charge RM 40
Registration fees on charge RM 120
Registration fees on consent to charge RM 100
Application of consent to charge RM 50
Certified True Copy title RM 50
Search fees on title RM 100
Purchase documents RM 100
Travelling RM 200
Miscellaneous expenses(including Photostating, fax & others) RM 150
6% Service Tax RM 46.90

Total: RM 1738.90

Hope to hear from you soon.
Thanks in advance!

manemaren
post Mar 21 2012, 11:53 PM

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What is "CONSENT OF THE STATE AUTHORITY".. I am selling my condo which I have owned for more than 10 years.

Any idea how much this gonna cost me? Condo is in Ampang, Selangor area...


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