I recently sold my house and the purchaser appointed her lawyer to prepare the SPA.  The agent asked me to appoint the same lawyer since it is faster.  Is that advisable?

Thanks. A lot.  Will spend time to go through. BTW, I heard we can appeal for the RPGT once in a life time.  Is that true?

I sold my 1st property at lost two years ago and this property I sold within 5 years from SPA date.  Can I appeal for the 5% RPGT?

Hi Dario,

I have written to the buyer lawyer to terminate the SPA and she wrote back and said that she had stopped the process. They have reached the stage of having obtained the consent to charge and about to commence to lodge caveat for buyer bank (not sure I read correctly).

My question: At this stage, do I need legal representation? Can I just email her and ask her to advise me on further procedures for me to undo the whole process to the state prior to SPA and also how to return the 10% deposit to the buyer? Is the process straight forward? Do I have to pay any legal fees to undo the process since I did not cause the termination?

Looking forward to your reply.

Thanks Big Brother.

In such case, is this consider this is my one-time exception from paying RPGT for my second property since I sold my 1st property after 5 years from date of SPA and yet at loss?

hi... i tried running a search on our Bar Council for one of the lawyers... her name did not turn up in the list but the firm did... what does that imply may i know?

When i did the firm search... it did not list her as one of their lawyers... but i got her contact from that firm... it was linked to them...

Can you tell me what does this mean? can i trust her?

im the buyer of a condo. still waiting the loan approval but agent rush me to sign S&P . can i add a condition whereby if loan not approve i shall get back my deposit?

does that means lawyers has to like apply for the PC every year? in that case... how do I tell her nicely that i have not seen your name on the bar council's list... i mean would she be offended?

Hi,
Hope this isn't the wrong place for my query. If it is, please tell me where to go.

When I purchased my 1st property about 8 years ago, I had used my EPF money to make 1 initial payment. Haven't used EPF since. I now want to get a 3rd property and the new rules require us to make 30% downpayment for 3rd prop onwards. I wanted to check if I can use the EPF money as part payment for my 30% payment for the house. The loan on my 1st property is still ongoing and I've never made any withdrawal since the 1 done 8 years ago. Do I qualify to use EPF for this 3rd property? If not, what do I need to do to be able to use the EPF for my 3rd property ie. settle the full loan on the 1st property, sell the 1st property etc? Tq.

Hi Dario,

I would like to seek your inputs regarding the following as this is my first time as a buyer.

As I am not able to purchase a property directly under my name until next year because a certain requirement needs to be fulfilled till then - this has no relation to my financial history at all as I have no past/present/outstanding loan or debts to my name. So I intend to purchase the property under my mother's name and when the right time comes along, the property will be transferred to my name under the love and affection transaction. However, I was told by someone who had sought the opinion of a lawyer regarding this issue. Please clarify this.

1. If owner still under your mother name, you are the borrower. MOT still can transfer to you (can treat as love and affection) but it can be done once SPA done. By the time when it can be transfer, it need to get approval from financial institute  and it will cost higher because lawyer need to do MOT transfer charges.

2. Owner & MOT title is your mother name, you are the borrower. Just do a will for your mother, it cost cheaper.

In addition, I am interested in a property and if the deal is concluded with the owner (no agent involved), I would have to draft an agreement for both parties to sign, especially with the clause for earnest deposit to be refunded should the loan not be approved in the event. I managed to get a Letter of Intent for purchase of a property from a source and the terms and conditions in it seems vague and ambiguous, so I am not sure if this is acceptable to serve as an agreement for both parties to sign. I am unable to upload the LOI here as it is difficult to upload via my iPad. May I email you the LOI for you to take a look.

I would appreciate your kind inputs in this.

Thank you! 

Hi Dario,

I already placed my 3% deposit to agent, and proceed with loan application. My financial standing is okay, however I received 2 rejection letters from banks due to Property is under "Negative Listing". After receiving the notification from bank, I found out that developer is going to wind up soon and will be placed under liquidator.

I informed the agent that it is hard for me to proceed with the purchase because bank couldnt finance the purchase, and it will be messy in future once the liquidator takes over. FYI, The strata title has been issued since 2008 but Vendor hasnt executed the transfer. Developer doesnt consent direct transfer. Developer also warned me to be prepared for a very long process of transfer once liquidator comes into picture.

I requested from agent to refund my booking deposit. Agent asked me to talk with Vendor and will refund my deposit if the Vendor also decided not to proceed. I then discussed my problem with the Vendor, he understood my situation and both of us decided to terminate the transaction.

I then informed the agent that vendor and I mutually agreed not to proceed with the transaction. Then the agent sms Vendor stating that after checking with their lawyer, the Property can be sold and deposit cant be refunded. If Vendor decided to abort, agent will charged Vendor half of the deposit.

I think this is unfair for an agent to do such thing to Vendor, and at the same time I've this feeling that agent will not refund my deposit, giving me the impression that  lawyer can proceed with S&P for wind up developer.

I don't know what to do now. I feel bad for the Vendor if agent charged him that amount. And at the same time i dont want to go ahead with the purchase anymore since my loan already got rejected

Appreciate it very much if you could advise me on this. Can I file a complaint against agent? to whom shall I file the complaint?

Hi Dario,

Last week I just to book a bumi lot unit, it is
understood that we need to convert this unit
into non bumi lot unit before we move into
this unit.

Should we convert this unit into non bumi lot
first before proceed the SnP signing?

The above unit is a freehold unit and already
obtain the individual strata title.

Thank You

Hi Dario,
I would like to ask, I'm first time home buyer which wanted to buy a SOHO at subang, however the land title is commercial. if I make the SPA below 350k do I entitle for the rebat for 50% which stated in Malaysia budget? Please help to advise on this. Thank you

would like to ask, if i buy a second hand property, will I get charged higher by govt/ higher charge by lawyer?\

thank u.

Correct me if I am wrong,isn't OSA Act 88 Section 24 state this:

B know that A is the one through a very reliable source.So B is confident that A is the one who did it.
(FYI,A had made verbal threats in the past wanting to harm/defame B somehow.)

1.So you imply anyone can give false information to the police with the intention to defame and easily get away with a denial?

2.Won't the court use its power to force the police to release A's or whomever identity that gave the tip-off?

Hi Dario,

To put it simply , the 2 statements mentioned was infered to me by a home loan agent when i made enquiries regarding home loan packages. She mentioned that if the Owner is my mother and i am the borrower, which would be considered a third party financing. BUT the legal problem was regarding the MOT and how it would affect the loan package overall. I had asked her if having a MOT (love and affection transaction) done, will affect the loan issue or not because i understand that for transfer of property to another party from a party normally will require a new SPA, loan agreement  etc and legal charges will be incurred again. Her reply was based on the lawyer's advice for the MOT.

So i am confused as to whether a MOT or a will is better for the change of ownership without changing the SPA etc and incurring alot of legal charges?

Is it possible for A to counter sue B for threatening him with a lawsuit without evidence? Is there such a risk?

And if B were take legal action against the police instead,will B have a better chance then?

Hi Dario, Thanks for the link. However I would like to ask whether this SOHO unit stated as residential or not, I've paste the term in SPA as below:

"AND WHEREAS the vendor is developing the Said Land as a housing development provisionally known as"xxxxx" complete thereon with common facilities as in the Second Schedule(hereinafter referred to "Said Project""

"AND WHEREAS the Vendor has agreed to sell and the Purchaser has agreed to purchase a parcel of apartment with vacant possession distinguished as described in Section 3 of Schedule A hereto which is delineated and shared GREEN in the Story Plan measuring area stated in Section 4 of the Schedule A hereto within Story No. and Building No. as described in Section 5 of the Schedule A hereto which is turn delineated and edged RED in site plan with accessory parcal with VACANT possession distinguished as accessory parcal number as described in Section 6 of the Schedule A hereto, subject to term and conditions hereinafter contained."