If application for consent then SPA needs to be signed and stamped first as it needs to be included in the application itself.

To get an injunction is not easy. B cannot merely state that 'he believes' or 'he thinks' that A is the one who defamed him to the police. Right now, B only hears it from third parties, am I right? How was this communicated to B by those third parties? Verbally? Tough if like that. If SMS or email, then probably that can be printed out an annexed in the application for an injunction.

Now you state that "B was told just recently that the police do record every word in writing". So, who is this person who told B about this? Can this person affirm an affidavit to support B's application? Would the parties who told B that it was A who tipped off the police be ready to step in as witnesses on behalf of B? If the answer is no to those questions, how is B going to even establish a prima facie case against A? Without a prima facie case, an injunction will not be given.

I asked you on what grounds you want to take legal action. I didn't say that there is no basis for one.


The police has powers to arrest and detain without warrant for offences under the Dangerous Drugs Act. The requirement is that there must be reasonable suspicion.. Many have tried to sue the police for unlawful arrest, detention, and malicious prosecution but has failed as the test of reasonable suspicion is easily established by the police and the burden is upon the plaintiff to then proof the existence of malice. Malice is not easy to proof as the police would have no other ulterior motive to detain the plaintiff as it is their duty to do so.

Without a shred of evidence? Of course evidence is only gathered upon arrest. Without arrest, search, inspection and interrogation - how would you expect the police to gather evidence?

Good job on your effort to read the posts in v1 first before asking here.

1. Is this caveat to be lodged by your financier or you, as the purchaser?

2. Form 1 would most likely refer to change of name form to be filled up at DBKL or the municipal council. It is optional whether you wish to appoint your lawyer to do so, or whether you want to do it yourself. No idea as to the other fee.

3. Which land office is this and how much is the price of the property?

4. It is the same thing, actually. It ought to be RM30/title if KL-Selangor.

5. Is there another Misc charge for RM50? If so, then it is RM350.00. How far is the firm from the property? Same state? It depends on that. Also depends on whether you had asked for discount as if you have read my posts in v1, I informed forummers that marked up disbursements are done by most firms to make up on the discount given. So, you do the math yourself on that one.

You would need to check with the developer whether there has been any correspondence or notices given to them staking a claim in that unit. They can't lodge a caveat over the master title as they have no claim over the master title, which in any event, is in favour of the developer. That would be the best way for you at the moment.

1. How would I know when I have not even seen a copy of the statement of claim filed by B. If he had appointed lawyers and they had filed the claim, surely there would be some basis for it which either you are not aware or or which you have not stated here in the thread. I am in no position to comment on the chances of the civil suit. Hope you understand that.

2. A cannot sue B for "reporting A without evidence". There is no such cause of action. If B lodges a report based on reasonable suspicion (he should mention the previous incidents of threats and harassment by A to justify his suspicion) then there is nothing to worry.

Advice given is within the scope of this thread so that everyone can benefit from an answer. You have appointed a lawyer to act for you. It's best for you to just trust your lawyer and let him do his best for you.


Can't advise much without looking at the report itself. As long as B words it in neutral language, it should be alright. Do note that defamation via a police report is so longer a cause of action as the person who lodged it is protected under the defence of absolute privilege, pursuant to a decision of the Court of Appeal in Abdul Manaf Ahmad's case reported in 2009. That is the law as it stands.

I'll reproduce Section 8A of the Housing Dev Act 1966 here for your reference.

8A. Statutory termination of sale and purchase agreements.

(1) Notwithstanding anything contained in any agreement, a licensed housing developer or the purchasers may apply to the Minister for approval to terminate all the sale and purchase agreements entered into in respect of a housing development or any phase of a housing development which the housing developer is engaged in, carries on or undertakes or causes to be undertaken if-

(a) such application, duly made in accordance with subsection (2), is received by the Minister within six months after the execution of the first sale and purchase agreement in respect of that housing development or that phase of housing development; and


(b) at least seventy-five per cent of all the purchasers who have entered into the sale and purchase agreements have agreed with the housing developer in writing to terminate the sale and purchase agreements.

(2) Any application made under subsection (1) shall be supported by-

(a) the written consent of the licensed housing developer and of each of the purchasers who have agreed to terminate the sale and purchase agreements and such consent shall have been duly executed by the licensed housing developer and the purchaser, as the case may be, and witnessed by his solicitors or a Commissioner for Oaths not earlier than one month before the date of the application; and


(b) such other documents or evidence as the Minister may require or as may be determined including such evidence which may satisfy the Minister that the licensed housing developer is financially capable of refunding to the purchasers and their financiers all the moneys paid by them to the licensed housing developer if the Minister approves such application.

(2A) In the case of an application made by the purchasers under subsection (1), no licensed housing developer shall unreasonably withhold his written consent to the termination of the sale and purchase agreement.

(3) For the purpose of this section, joint purchasers irrespective of any number in a sale and purchase agreement shall be considered as one purchaser.

(4) Upon receipt of an application under subsection (1), the Minister may grant or refuse the application for approval.

(5) In granting the approval under subsection (4) the Minister may impose such conditions as he may deem fit and proper.

(6) The decision of the Minister shall be final and shall not be questioned in any court and it shall be binding on the licensed housing developer and all the purchasers and no injunction shall be granted to restrain any person from carrying out the decision of the Minister.

(7) All the sale and purchase agreements in respect of the housing development or the phase of a housing development which is the subject of an approval under subsection (4) including those of the remaining purchasers who have not agreed to the termination shall be deemed to have been duly terminated.

(8) The licensed housing developer shall, within fourteen days from the date of receipt of the Minister's approval, inform all the purchasers in writing of the Minister's decision.

(9) The licensed housing developer shall refund all moneys received by the licensed housing developer from the respective purchasers free of any interest within the period stated in the Minister's approval.
(10) Upon receipt of the refund under subsection (9), the purchasers shall immediately cause all encumbrances on the land to be removed and the cost and expenses for such removal shall be borne by and may be claimed as a civil debt from the housing developer.

(11) Any person who fails to comply with any of the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine which shall not be less than fifty thousand ringgit but which shall not exceed two hundred and fifty thousand ringgit and to a further fine not exceeding five thousand ringgit for every day during which the offence continues after conviction.

Basically if the developer can obtain the agreement of 75% of the total purchases, they can terminate the SPA, abort the project and refund all monies paid. You can still round up the rest of the purchasers and object. However, my question is this - there must be a reason why the developer is aborting the project. Financial difficulties, perhaps? Are you sure you want to insist that they carry on with the project? What if it gets abandoned and never gets completed? You would have taken a loan then and you would still have to continue paying your interest, assuming that some progressive drawdown has been done. So, do get a group of purchasers together and discuss the best solution for it.

Usually, it is paid in full upon signing of the SPA. Any other arrangements is between you and the lawyer. There is no fixed law or ruling on this.

It would be dismissed with costs, as I said. For civil cases there's no such things as penalty/punishment if you lose a civil case. You just have to pay costs to the other side.



What demand are you referring to now?

Can you be more specific? Are you referring to Management Corporation or Joint Management Body?

The Court. If B refuses to pay, A can enforce the order for costs against B.

What are the reasons why you do not want to pay the management fee? You have executed the SPA and Deed of Mutual Covenants which clearly states that you have to pay the maintenance.

Read your SPA and Deed of Mutual Convenants.

1. The quotation is for legal fees for SPA or loan, or for both? You better get a quotation for both as you need to pay 2 sets of legal fees - SPA and loan.

3. RM400.

4. No need to search master if strata is out.

5. RM10 X 3 = RM30.

7. Regis + Notis RM320, withdraw RM60.

8. Yes.

1. Of course, the lawyer you select will make a difference. Just like how the medicine you take from two different clinics would have a different effect on curing your illness. Some are better than the rest. I think you should read my post at the first page of this thread on selecting a lawyer for your SPA. It ought to be useful in your scenario.

2. This 8% late penalty interest is quite standard. If you notice, there is a similar provision whereupon if the vendor fails to hand over VP to you within a certain number of days after you have paid the balance purchase price, the vendor has to pay late penalty interest to you (8-10%). So, it works both ways.

Of course it is not in your interest to delay the transaction, but sometimes things happen out of your control. But, you are to be faulted for it if it is from your side of transaction, eg your financier, LHDN who assessed your stamp duty payable, etc. No fault can be attributed to the vendor in such cases.

"I find this clause very unfair as until then, the current owner still has the property with him and can continue to rent or stay in it. On top of it, he can collect 8% from me for nothing."

Your statement above is, with respect, misconceived and flawed. Your reasoning is from an angle which is irrelevant in the circumstances. We are looking at a sale & purchase. The vendor intends to sell the premises and obtain the full purchase price. Having possession and rental, if applicable, is of no relevance as the vendor is selling the property. He has committed to the price, and if there is a delay - factor in appreciation of property and depreciation of money through inflation - and the vendor would be prejudiced. The only way to make up for it is to charge you interest for the delay. It would also spur you to move faster, as opposed to a scenario where there would be no late penalty interest. \

Perhaps you can put yourself in the shoes of the vendor and reflect from their viewpoint.

Having said so, 3 months is usually enough, if you have applied for a loan early and the loan documentation can kick off simultaneously or soon after the date of the SPA.

Calculation is right for SPA. For loan it is right only if you're taking 100% loan If any other amount, you would need to calculate it based on the loan sum, not SPA price.

I think you've misunderstood. Even for subsale, if the vendor delays handing over of VP to you, he has to pay interest. Look it up in your SPA. Hope your lawyer did not forget to insert it for you.


Delay from seller would extend the completion date of the SPA in your favour. If 10 days is given to the vendor to obtain the redemption statement and he takes 20 days to do so, another 10 days is added to your completion date (basically you now have 3 months and 10 days to complete it). So there's nothing to worry about.

1. Property purchased by cash or with loan?
2. You can put one name as 2/3 owner and the other as 1/3 but it has no difference as you can't transfer your undivided share in the property. Basically, the property can't be divided into 3 pieces, even though shares are on a 1/3 basis.

3. Who paid for the property or the instalments?
4. Then pay the deposit later as well. Or pay it into a lawyer's client's account as stakeholder in the interim.

You are bound by whatever has been agreed in your loan agreement. It has nothing to do with your SPA. The bank is not concerned with the transfer of ownership. As far as they are concerned, part of the loan has been disbursed, so since you have agreed to start paying from the date of first disbursement, you are bound by it and the bank has the right to demand for payment.

Procedure:

1. Appoint lawyer to issue a eviction notice giving 1 month to the tenant to vacate the premises.
2. If they still refuse, instruct lawyer to file civil suit for an order compelling the tenant to vacate and pay outstanding rental (plus mense profits - double rental from the expiry of the notice period until VP).
3. Should not be a problem obtaining the Court order if your paperwork is in order.
4. Serve order on tenant - give him 48 hrs to vacate.
5. If still refuse, instruct lawyer to file enforcement proceedings - Court Bailliff will attend to compel the tenant to vacate the premises. At this stage, if the tenant is still within the premises, then they have to leave immediately.