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

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applepie111
post Mar 24 2012, 11:57 PM

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QUOTE(dariofoo @ Mar 23 2012, 08:32 PM)
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.

icon_rolleyes.gif
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Can the order state that the father as trustee to hold on behalf of son? By then when the son turn 18 years it is the property will become his or still need to go throught lawyer for transfer? If he change his mind can he do so as trustee?

How much average charge the this deed of trust? Is it useful?

Thanks in advance for all your replies.

Chester
post Mar 25 2012, 07:36 AM

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hello friends, how much would i need to prepare for SnP for a 600k house? Need a rough figure for my planning. (snp includes the standard stuff like caveat etc)

Thanks!
elynny
post Mar 25 2012, 06:58 PM

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hi Dariofoo,

Will like to seek some opinion...Usually for free-hold condominium with strata title, how long it takes to complete the change of name from previous owner to the new owner?

Thanks!!
aquaria87
post Mar 25 2012, 09:48 PM

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This is 1st time i plan to buy a house and totally blank on the procedure.

I am eyeing a completed unit of semi d at kajang. the owner asking for RM440k.

What are the the expected cost for me to fork out for legal fees/documentation fees/ any other fees required? The owner own the house so the title held by her not bank as she said no loan taken (A Datin huhu)

thank you for any advice.

This post has been edited by aquaria87: Mar 25 2012, 09:49 PM
ketiak_masyam
post Mar 26 2012, 04:27 PM

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this is my 1st time buying house.

My home loan is rm198k with public bank. Public bank appointed their lawyer for loan snp. The bank lawyer charging me rm4k for snp which i think was not reasonable.

is it better for me to sign snp 1st and I dont want to pay 1st until they settle my whole loan process?can i do that?

TSdariofoo
post Mar 26 2012, 05:41 PM

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QUOTE(tantung @ Mar 24 2012, 11:54 AM)
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
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The JMB can be successfully sued for damages only if you can prove that they are negligent. I am of the opinion that the JMB CAN be found liable for negligence for theft/break-in of the individual units in the following circumstances:

1. If the JMB collected monies for security purposes and established security requirements for the condo - i.e. access card, boom gate, security guards (who also patrol around the units), CCTV system. If such system were initially in place and perhaps it was not well-maintained or the guards employed were negligent.

* the above argument is not 100% as the JMB can always use the reason that the security is to protect the common property of the condo. They will say that they do not have the responsibility to protect the individual units. So, there's no right or wrong answer there. It's all up to the arguments and the evidence in support. If you claim negligence, then you have to show it.


2. If it were the guards themselves who did it @ inside job. This would depend on your police report and the keputusan kes.

* if this is the case, then you have a clear cut case against the JMB. The JMB would then bring in the security company in as a third party and claim indemnity from them. You sue the JMB as your nexus is with them. You can't sue the security company directly. If the keputusan kes can support your contention, your case is much stronger than in situation 1.

Bear in mind that you need to prove your losses. If you claim that you lost jewelry, receipts must be shown. Same goes for other items. If monies were lost, then your bank accounts would have to be produced as evidence of withdrawal of the said monies.

My advice is a bit different from the advice dished out by other forummers in the thread - whom all seem to suggest that you can't sue. I am of the opinion that you can, but gather your facts and evidence and seek professional advice first before deciding whether to proceed.

PS: Don't stay in the same place if you decide to sue the JMB. Bad idea. If you want to sue them, it's best to live elsewhere. If you have no alternative but to remain, I would advise you against suing them.

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TSdariofoo
post Mar 26 2012, 05:42 PM

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QUOTE(realcyma @ Mar 24 2012, 01:03 PM)
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?
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I don't understand the scenario, chief. rclxub.gif
TSdariofoo
post Mar 26 2012, 05:45 PM

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QUOTE(applepie111 @ Mar 24 2012, 11:57 PM)
Can the order state that the father as trustee to hold on behalf of son?  By then when the son turn 18 years it is the property will become his or still need to go throught lawyer for transfer?  If he change his mind can he do so as trustee? 

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Can, but it is better to get a third party and get it transferred in favour of the third party.

Once he turns 18, he would need to appoint a lawyer to draft the transfer documents to do the necessary to register his name as the registered proprietor.

If the father refuses, he can be cited for contempt of Court and be punished accordingly - even imprisonment.


QUOTE(applepie111 @ Mar 24 2012, 11:57 PM)

How much average charge the this deed of trust?
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Depends from lawyer to lawyer. There's no fixed rate.
TSdariofoo
post Mar 26 2012, 05:46 PM

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QUOTE(Chester @ Mar 25 2012, 07:36 AM)
hello friends, how much would i need to prepare for SnP for a 600k house? Need a rough figure for my planning. (snp includes the standard stuff like caveat etc)

Thanks!
*

Added on March 26, 2012, 5:47 pm
QUOTE(aquaria87 @ Mar 25 2012, 09:48 PM)
This is 1st time i plan to buy a house and totally blank on the procedure.

I am eyeing a completed unit of semi d at kajang. the owner asking for RM440k.

What are the the expected cost for me to fork out for legal fees/documentation fees/ any other fees required? The owner own the house so the title held by her not bank as she said no loan taken (A Datin huhu)

thank you for any advice.
*
Use the legal fees calculator at the first page to find out the scaled fees based on SPA price and stamp duty upon instrument of transfer. Add in roughly RM1K for disbursements.

You can also compare with the many samples in v1 of this thread.

icon_rolleyes.gif


This post has been edited by dariofoo: Mar 26 2012, 05:47 PM
TSdariofoo
post Mar 26 2012, 05:49 PM

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QUOTE(elynny @ Mar 25 2012, 06:58 PM)
hi Dariofoo,

Will like to seek some opinion...Usually for free-hold condominium with strata title, how long it takes to complete the change of name from previous owner to the new owner?

Thanks!!
*
Hard to say. How efficient is your lawyer, the lawyer for the other side, and the land office staff? hmm.gif
TSdariofoo
post Mar 26 2012, 05:51 PM

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QUOTE(ketiak_masyam @ Mar 26 2012, 04:27 PM)
this is my 1st time buying house.

My home loan is rm198k with public bank. Public bank appointed their lawyer for loan snp. The bank lawyer charging me rm4k for snp which i think was not reasonable.

is it better for me to sign snp 1st and I dont want to pay 1st until they settle my whole loan process?can i do that?
*
The lawyer has the right to demand for payment upfront. Normally it is like that. Once all is done and you don't pay then how? I would say in 90% of cases where lawyers act for purcahser payment of fees is collected upfront.

Why you feel it is expensive? Have you compared with another quote? Don't just jump to conclusions. Otherwise, ask the bank to appoint another lawyer for you. Get another quotation. icon_rolleyes.gif
feizaiII
post Mar 27 2012, 10:38 AM

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Hi dariofoo.. a quick question here.

What if lawyer say they have advise vendor bank to discharge the property. Is this process nearly the end?
TSdariofoo
post Mar 27 2012, 11:07 AM

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QUOTE(feizaiII @ Mar 27 2012, 10:38 AM)
Hi dariofoo.. a quick question here.

What if lawyer say they have advise vendor bank to discharge the property. Is this process nearly the end?
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More than halfway through. What it means is that the redemption sum has been paid and the vendor's loan has been redeemed (settled). So now the vendor's bank has to execute the discharge of charge and return it together with the original title and other documents to the purchaser's financier's lawyer.
feizaiII
post Mar 27 2012, 12:31 PM

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QUOTE(dariofoo @ Mar 27 2012, 11:07 AM)
More than halfway through. What it means is that the redemption sum has been paid and the vendor's loan has been redeemed (settled). So now the vendor's bank has to execute the discharge of charge and return it together with the original title and other documents to the purchaser's financier's lawyer.
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Thank you bro, explanation is clear enough! After all, is the time vendor pass the key to buyer?

This post has been edited by feizaiII: Mar 27 2012, 12:32 PM
TSdariofoo
post Mar 27 2012, 01:28 PM

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QUOTE(feizaiII @ Mar 27 2012, 12:31 PM)
Thank you bro, explanation is clear enough! After all, is the time vendor pass the key to buyer?
*
Yes the last part would be the handover of keys once the balance purchase price has been paid by the purchaser's financier to the vendor. Normally it would be 3-5 working days after receipt of the cheque as it would take time to clear. icon_rolleyes.gif
ayha2009
post Mar 27 2012, 04:56 PM

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QUOTE(dariofoo @ Mar 27 2012, 01:28 PM)
Yes the last part would be the handover of keys once the balance purchase price has been paid by the purchaser's financier to the vendor. Normally it would be 3-5 working days after receipt of the cheque as it would take time to clear.  icon_rolleyes.gif
*
Hi all,
Need all the sifu and Lawyer advice here.
I have rented out my shop and the tenant (company) failed to pay and not contactable.
I found out that this company had close shop.
The problem is the tenant still have lots of furniture, old phone and some valuable things (may be rm10k).
I have log a police report this week and issue notice (sent to the company address).
In the tenancy agreement that i has the right to take back the premises if tenant failed to pay (2 months).
Need your advice whether i can start to threw away the tenant things?
If not, how long should i wait before i can start to threw away the tenant things?
I have an new tenant soon.
I look forward for your advice.
Thanks in advance.
feizaiII
post Mar 27 2012, 06:45 PM

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QUOTE(dariofoo @ Mar 27 2012, 01:28 PM)
Yes the last part would be the handover of keys once the balance purchase price has been paid by the purchaser's financier to the vendor. Normally it would be 3-5 working days after receipt of the cheque as it would take time to clear.  icon_rolleyes.gif
*
Thx dude.. thumbup.gif
101011001
post Mar 27 2012, 09:24 PM

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Hi Dariofoo,

Is it normal for the purchaser's lawyer to ask for a copy of my S&P and DMC?

Thanks.
azliayob
post Mar 28 2012, 05:15 AM

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I got this situation.

One company approach to pajak my friend's land which is GSA status. They asked to submit via email the following document before enter the agreement.

1) Color copy of geran
2) Color copy of carian hakmilik rasmi
3) Color copy owner's IC - Verified by Commisioner of oath
4) Color copy of pewaris (if anything happen to my friend) also verified
5) Surat akuan sumpah state that he is the legal owner of the land and appoint me as pewaris to make sure the pajak sistem will continue even the death of my friend.
6) Color copy of latest payment of land tax.

My question, with all the above the document, can my friend's land title be transfer to another person without our knowledge? I mean can it be possible to scam in that case?

Do hope your opinion..
Thanks
TSdariofoo
post Mar 28 2012, 11:43 AM

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QUOTE(ayha2009 @ Mar 27 2012, 04:56 PM)
Hi all,
Need all the sifu and Lawyer advice here.
I have rented out my shop and the tenant (company) failed to pay and not contactable.
I found out that this company had close shop.
The problem is the tenant still have lots of furniture, old phone and some valuable things (may be rm10k).
I have log a police report this week and issue notice (sent to the company address).
In the tenancy agreement that i has the right to take back the premises if tenant failed to pay (2 months).
Need your advice whether i can start to threw away the tenant things?
If not, how long should i wait before i can start to threw away the tenant things?
I have an new tenant soon.
I look forward for your advice.
Thanks in advance.
*
What was the notice sent? Is it a sdn bhd? Was the notice sent to the registered address?

Even though the tenancy agreement says that you can "take back the premises" does it go further and say that you can break the locks? Is the premises locked at the moment with a lock placed by the tenant?

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