Not true. If you're referring to kl, then there are properties which are leasehold but which does not require consent, eg old double storey houses in OUG are under Pajakan Mukim but there is no condition precedent to obtain consent. It depends on what is stated in the title itself,so do check there.

REMINDER:

Since some people just don't know how to read, I'm reproducing the rules of this thread which can be found at page 1 :

Some simple and basic rules and regulations of this thread:
1. Please do not PM me for any legal advice, I do not give out any advice via PM. Please post your legal query at this thread so that everyone can benefit from an answer.

2. Please do not ask for any recommendations for law firms or lawyers here.

3. Please do not advertise, promote or solicit any legal services here. This is not a place for such matters.

4. Please do not ask any questions nor talk about discounts here. Discounts are illegal and prohibited by the Bar Council.

Is it too hard to request for the simple rules be followed?

Ownership will be signified in the SPA, and not in the title. As long as it it stated and identified in the SPA (with a plan and coloured marking), your rights are protected.

If the property is encumbered to a chargee/assignee, the creditor cannot touch the property.

1. Yes, the SPA needs to be amended to reflect a situation where the strata title is out and therefore, the duty would be upon the vendor to obtain clean title in his favour before time can start to run in the transaction. Otherwise, the purchaser's interest is not protected.

2. You can sign a letter or have it provided in the SPA that it is your choice not to appoint a lawyer of your own BUT DO NOT sign anything which absolves the purc's lawyer from any liability for negligence, etc. You would be digging your own grave if so.

3. It will be released in favour of the purc's lawyer as stakeholder.

4. You can still appoint your own lawyer. The purchaser would not be prejudiced in the event of a delay as time would not have started to run for the SPA anyway. I doubt if the purchaser would take issue with that. Since a new SPA would still need to be drafted, you can opt to appoint your own lawyer to assist in drafting it.

1. What is stated in your booking form? If it states 14 days then it is 14 days. If it states that dev can forfeit if not signed then they can do so and you would have no cause of complaint as you have agreed to the terms. Why must wait and sign both at the same time? What's the rationale in delaying the signing of the SPA and risking forfeiture and cancellation just to sign both at the same time.

Subsale:
1. Comm only attests signatures. He does not stamp documents. Unless both parties attend before him and sign it before him, there is no point and no way of "stamping" it before the Comm. That method may be practicable 20-30 years ago but definitely not now, where people are more educated about their rights (and also how to con/cheat). What should have been done was to get it prepared and signed before the purchaser's lawyer with proper terms stipulated.

2. Refer offer to purchase.

3. Title, previous SPA, loan docs (if any), quit rent and assessment receipts.

4. What are you talking about? Please be more specfic rather than saying, "purchase price is different from SPA price".

You can check with your lawyer if he keeps a file copy, but otherwise you can get it from the developer as well since they would have been served with the duplicate copy.

First things first, photocopy of title is more than enough for purposes of submission to LHDN for adjudiction. Alternatively, a title search, which would have been conducted by the purc's lawyer for their own client, would be acceptable as well.

Secondly, there is no concept of using same lawyer or sharing lawyer. This lawyer is acting for the purc, and not you. You merely authorised him (if any) to do the discharge of charge and CKHT. He acts for the best interests of the purc, and not you. You are deemed to be unrepresented.

My opinion is that this lawyer is trying to buy time and extend the completion date in favour of the purc. Look at your SPA for a clause where it would be stated that it is your duty to provide a copy of the title to the purc's lawyer within xx time, failing which the completion date would be extended. If there is such a clause, then it would be to your detriment as time extended means a further delay for you to get your balance purc price.

1. Yes you can.
2. Check your bill for an item - CTC Title. It would cost RM50 or so. Do not confuse this with title search which would cost RM30 (but is normally marked up to RM50-60). If there is such an item, then it is their duty to do so, not yours. Otherwise, it would be your duty to obtain a CTC and hand it to them (do check your SPA for that clause as well).

3. As explained above, it depends on what is stated in the SPA and it is not the purc's lawyers duty to remind you or inform you to do your part on your own (since you decided to remain unrepresented). So, if you fail to act within the limit prescribed, then the completion date would be extended.

4. Your guess is as good as mine.

Conclusion - if there is nothing in the SPA which states that you have to give a CTC of the title to the purc's lawyer, then there is no need to do so. If yes, check if it is billed to you for the purc's lawyer to obtain it for you. Otherwise, you need to do it on your own.

You would be expected to sign the letter of offer to purchase/booking form once you confirm that you intend to purchase it. Read the T&C properly before signing and if you want to add in your own terms or amend, do it on the spot and initial on the changes.

a) That would be for properties < 350k only.

b) It is not a discount, but more of a limit as to how much a lawyer can charge for properties transacted under the HDA. It is not under the HDA but under the SRO, which you can download under the first page of this thread. It is compulsory to be followed by all lawyers.

Why some lawyers don't give? You can figure out why yourself. You can print out the SRO and show it to them, if you want.

c) Of course, as the disbursements might differ, although legal fees are fixed.

d) You would need to check with the bank on this. They should allow you do so.

Can you be more specfic? You are the purc or vendor? Has the vendor agreed to give VP early to you? What stage is the transaction at now?

All queries will be answered tmr. Thanks for your patience.

If race pf the owner was an important criteria for you then you should not have signed the letter of offer before the identity was ascertained. Now if you raise an issue with the agent, he might deny that he ever represented to you that the owner was not a Malay.

Following the strict terms and conditions in the letter of offer, I do not see how you can find a way out of it. You can't cancel just because of the race issue.

What's the hurry? Time has not started to run yet right? Check your SPA. It ought to run from the date of receipt of the letter of confirmation from the developer by your lawyer.

Provided that the vendor is willing to accept the arrangement, then it should be ok. The risk lies with the vendor and less with your brother. The lawyer ought to know what to do.

Please compare with the many samples in v1 of this thread.

1. How important was the non-disclosure? If it was important to you, you would have asked for the plans/proof of approval when viewing the house and before paying the deposit. You had accepted the house on an as-is-where-is basis from day 1. You only raise this issue now after the bankers brought your attention to the possibility that it is not approved. It would be difficult for you to argue that the non-disclosure was so important that it would have resulted in you not intending to proceed to place your earnest deposit and purchase it, since this was never raised before.

2. Not that I know of. The valuers might ask when they visit the premises. More often than not, they take photographs of the place.

3. Yes you can, but whether you are penalised or otherwise would depend on the local council.

4. The bank would've approved your loan based on the initial market value based on a preliminary check, subject to full valuation. Even if the valuation falls short, it is highly unlikely that the bank would retract its letter of offer. The loan sum, however, may be revised to a lower sum befitting the valuation.

1. Judging by what you have stated above, they can. But more often than not, they would just charge late penalty interest of 10% (or whatever sum is stated in the SPA).

2 and 3. Check with the developer as to what arrangements can be made between the parties.

4. Sue the developer for recoveries of the money via a civil suit.

Ipoh would be easier, to be honest. There's more running around for the lawyer to do rather than for you. You would only need to attend in Ipoh once to sign the SPA (if you appoint an SPA lawyer who is also on your bank panel and who can prepare both sets of docs at one go). Otherwise, you're looking at attending twice.

It will only be RM10 for the MOT.