Once you have signed the SPA, you are bound by it. If you want out, then you need to refer to the relevant clauses in the SPA for assistance.

Please refer to the many samples in v1 of this thread.

Consent of State Authority is a condition precedent attached to a particular title. It means that your property cannot be charged, transferred or subdivided without the consent of the State Authority. Consent is obtained via an application in a prescribed form. It is done once the SPA is signed and time would not start to run until consent is obtained. If somehow, consent is not obtained, you can appeal. Otherwise, the SPA is aborted and you would have to refund the deposit collected to the purchaser.

Did you mean how much does it cost to apply for consent? Your lawyer would do it for you as it is part of his duties when acting for you. Legal fees just for consent is RM300 while there would be some registration/filing fees which would not cost more than RM200 in total.

This post has been edited by dariofoo: Mar 22 2012, 07:58 AM

Dear Dariofoo,

I've bought a house last year. The house & loan is under my brother & my name.
Is there any way to take out/withdraw my name fm the house, like transfer/sell to other family member?
Thank you.

Please read the earlier posts in this thread as a similar question has been asked and I've answered it in length already.

Hi there,

The buyer has paid 2% earnest deposit for my apartment unit and will be signing the S&P in the coming week. I would like to seek your advice on whether as a seller, I shall appoint my own lawyer or use back the same lawyer as the buyer.

The legal fees difference is about 3k. If I were to use the buyer's lawyer, is there anything I need to take note of? Any terms in the S&P that could possibly put me at disadnvantage? My intention is to get the payment as soon as possible.

Appreciate your advice on this.

Thanks in advance.

Interesting topic here.. I have two questions:

1. is the buyer directly bound by the S&P once signed? or it is only going to be bound once LHDN stamping is done? Is there any case, say before S&P go thru stamping, the buyer can forfeit the S&P? Yes, the deposit will be forfeited, but will there be any other penalties and how much to expect to pay? I understand it will be written in the S&P clauses, but just for a quick one, what are the usual you've came across with?

2. How about this scenario, Buyer A decided to buy House X (under construction), and after signing the S&P, Buyer A went to site and saw the build quality of House X is very bad and due to this wants to cancel his purchase. Suddenly, comes Buyer B, which would like to buy House X due to other units of the project sold out, he approach Buyer A to ask for his House X. Is it possible for buyer A to 'let go' of House X to Buyer B after the fact the S&P has been signed? will this also falls under the case of cancelling the S&P?

Thanks for you effort and time Dariofoo!

This post has been edited by Fasap: Mar 23 2012, 01:43 AM

I have seen this question many times and answer by Mr.Foo........You hardworking try look back previous few pages of lawyer corner V2 and lawyer corner the answer is the same with yours......even it is painful for the eyes and time consuming but worth the learning.

If you appoint your own lawyer...........you interest is well protected and if you tumpang the buyer lawyer mean that you are unrepresented and taking the risk being taken advantage. (heard many times)

This post has been edited by lovepark4444: Mar 23 2012, 12:07 PM

so how do i go about making a black and white document stating how much utilities i should pay? is there a certain format or guideline that i should use or is it base on both of us to agree upon?

G' afternoon DarioFoo.
Woohoo! I was wondering where to ask / who's brains to pick on legal items which aint property related but financial/investment related & personal choice Er.. pls do tell me off if the item isnt a "legal" item yar.

1. Where should i state my wishes like "If i'm brain dead and/or...
..i do not wish to be kept alive on machines or resuscitated..
..donate my organs to...
..cremate my remains and just a simple Christian funeral..

I thought it'd be in my last Will and Testaments BUT was told that "Will and Testaments" = executed WHEN i'm dead, not brain dead or vegetative unconscious existence solely living because of machines.
Main idea: I do NOT want my loved ones to suffer financially to "keep me around" & emotionally to make a decision to cut-off life support, if such things happen to me.


2. Investments, via Internet and not a wrap account/private banking (for high net worth folks ), overseas in NON-COMMONWEALTH countrie
My trustee just clarified with me their organization covers only COMMONWEALTH countries due to similar estate laws (good ol' Queen / Empire!). They suggested i draw up Wills with organizations/lawyers from these other countries to cover (nuts...).
Thus, is there any good method to ensure my loved ones can get these assets when i kaput, WITHOUT having multiple Wills drawn up for different countries (which aren't part of the Commonwealth countries)?


3. Pre-nuptials
Last i read, these aint enforceable in Malaysia.
Still true?
If so, any other way to ensure that my loved ones dont get screwed over if i remarry (the wrong one again!), while of course being fair to my new spouse?


Heheh - way off tangent from Properties. Wanted to PM U but thought better of it since U stated "no PM advises"
Thanks in advance DarioFoo

This post has been edited by wongmunkeong: Mar 23 2012, 03:48 PM

Hi DarioFoo,

Me and my husband bought a house about ten years ago. The house is still under loan and both S&P and also the house loan have both name. He already move out about 2 years and we in mist of divorce. He want his name to transfer to son. I think the lawyer might told him that he can't transfer due to son is only 7 years old. So he said he will transfer his share only when our son is 18 years old. And even his lawyer called me and said this to save the legal fees costs.

1) It is true that the house can't be transfer to a child below 18 years?
2) He refuse to transfer his share to me. What other options such as is there a property trust can be done? If yes, where to find such service?
3) If he decide not to transfer his share after a decade, can he do so if the divorce conditions stated that his share to be transfer to his son?
4) If the loan is settle in 5 years later, what need to be done after that, the house in both name? Have to wait till 11 years later then only can transfer?

This question has been posed and discussed at length in the earlier part of this thread. Please take a look.

1. You are bound once you sign it. Doesn't matter if it is stamped or not. In any event, stamping is only RM10/copy and that can be done by the other party at any time. Even if have not signed but have merely agreed in writing that the draft is ok and ready for signing, that is enough to bind you.

Normally if seller defaults - refund deposit plus another 10% as damages. If purchaser defaults - 10% deposit paid forfeited by vendor as damages.

2. a) Buyer A cannot just cancel the purchase just because he thinks that the 'built is bad' just by observing it. In any event, there is a defect liability period after construction so that ought to cover any problems that crop up after the property has been completed.

b) Buyer A can execute a SPA via sub-sale to Buyer B provided that the developer has no objection to it. See what is written in the SPA.

Cheers,bro.


Sorry bro if my words hurts your eyes. Hope the pain is less with some good medication taken.

You can appoint a lawyer to do it, or you can draft it on your own. Use Google to get some idea on simple contract templates and surely you can draft it. Terms are to be agreed upon by both parties so there might be a few exchanges of drafts via email before it can be executed. A bit of headache now to prevent bigger headaches later.

wongmunkeong:


Thanks for the questions. A breath of fresh air indeed. The first page of this thread is clear - legal queries on any topics are welcomed and i'll try to assist where possible. I remember in v1 of this thread there was even an interesting question on criminal law.

1. "If i'm brain dead and/or...
..i do not wish to be kept alive on machines or resuscitated.."

- I don't think that you can do this in writing legally. Are you authorising someone to authorise a doctor to "end your life"? I think you can verbally communicate this to your family members and I'm sure they'll respect your wishes and do the necessary to "unplug" you from this life.

PS: The likelihood of them respecting your wishes are more likely if you have a lot of assets which are waiting to be disbursed upon you being "unplugged". Bet they're all going ----> when reading your Will beforehand.

..donate my organs to...

Fill up the organ donation form now while you're alive. You can put it in your Will and attach the form at the back as an annexure to quell any doubts.


..cremate my remains and just a simple Christian funeral..

This can be reflected in your Will. Perhaps you want to define what simple Christian funeral means. Once again, how this wish is "fulfilled" depends on your family, right? If not, what can be done? Rise from the dead and sue the executor for breach of duty?

2. This area is quite tricky. If you get a Court Order in Malaysia with regard to your assets, it can include assets out of the jurisdiction of the High Court of Malaya/Sabah & S'wak BUT you would need to enforce it in their respective countries.

Now, here's the deal - you would need to check if the other country is one included in the Reciprocal Enforcement of Judgements Act 1958.

www.agc.gov.my/Akta/Vol.%202/Act%2099.pdf

If so, then the HC order can be registered and enforced there without the need to start probate proceedings all over again there.

If not, then you would need to file fresh proceedings there for probate in respect of property in the sole jurisdiction of that country. As to the law and procedure AND whether a separate will must be drawn up by a will-writer/lawyer in that country, that would refer to the separate law in relation to Probate of that country involved.

3. Not sure about this pre-nups. I don't think this is illegal. You can do it. Let me check it out, as I'm not 100% sure on this.

1. True. Under the Age of Majority Act 1971, a person only attains age of majority at 18. Until then, any property which is intended to be transferred in favour of the minor must be held by a trustee.

2. Deed of Trust. Lawyer can do it. I think will-writing companies provide such services as well.

3. The order can't state for it to be transferred to the son. It must appoint a trustee to hold it in trust on behalf of the son.

4. If cannot settle, have to wait. I can't see any other way.

Domo arigato Dario-sama.

Aiya, my beneficiaries are all part of me, thus even if they want to get to their inheritance (they've already have a copy of my current Will) earlier by cutting off the machine or whater, i've no issue. In fact, if i'm comatose already, i sincerely hope they would
Unfortunately (or fortunately?) i'm no deca-millionaire or billionaire .

Hi Dario,

Since almost all posts are about legal fees, I'm wondering if you can help provide advise in another matter.

My apartment unit was broken into late last year. The JMB has a "tidak apa" attitude and until now there hasn't been any steps taken to ensure that the security has been beefed up. As I don't have theft insurance on my unit, I heard that one can file an insurance claim for their losses against the JMB's insurance under their Professional Negligence Insurance/Protection.

Would you be able to advise on this matter?

Edit: I've actually started another post on this as I feel that this could help others. Apologies for the multi-post: http://forum.lowyat.net/topic/2278922

This post has been edited by tantung: Mar 24 2012, 11:55 AM

buy condo from dev, in my s&p, there is a exit term, if buyer do not buy, need to pay 10%.

when it sold, there is a 10% rebate. so, i did not pay any when i signed s&p.

now, if i withdraw.......does that '10% rebate' count? do i need to pay 10% real MONEY? or, i can just walk away?