Tks dariofoo for your reply.

I just need more clarification on your answer.

For answer to 1) above, does the developer can terminate and forfeited the deposit if the loan is not released

1) within 28 days after the due date or
2) after the expiration of 14 days notice (which mean within 42 days after due date)

For answer to 4), should I ask the developer to give me the letter mention the 10% will be refunded within 30 days once the bank release the fund?
Thanks again for your time.

Hi Dario, i've paid 3% and sign the letter of offer but i decided to back out because all the while i was thinking the way it works is like 3% of earnest deposit first and 7% balance to pay on the snp signing day.

After that, its 90 days to preparing the 90% balance am I right? But the agent keep including another 10% from the loan amount and this made me feel so uncomfortable to proceed. Its like 10% plus 10% upfront already.

Is this normal? So i cancelled the deal and they forfeited the 3% and theres nothing much i can do about it right?
But i havent sign anything to cancel it.

Yeah the agent insisted us to pay the remaining 7% PLUS 10% from the loan amount upon signing the sap. Thats y i felt something is not right and i decided to cancel it. So now, im not going to proceed anyhow despite the agent agreed to take off the additional 10% from loan amount. Funny right? So Dario, is it impossible to get back the deposit anymore?

Hi Dario, i've come along to purchase a house 1 and a half yr back which is under a master title.

I've using the same lawyer with the owner coz i thought that it will speed up the circulations. I've applied loan with Citibank, everythings is fine, loan agreements signed and even the S&P i've already signed too. Eearnest money, S&P lawyer fees, stamp duty all paid.

Until the time when i wait for the bank for disbursement, something stuck there. The bank hold it because the developer has gone bankrupt and the quit rent is not clear yet.
I've even tried to bring my case to apply for other banks loan, none can go through. So, at last i gave up.

My question,
1) At first, I did not ask for lawyer fees refund because i've seen my lawyer helping me to call the liquidator deal with them and so on.
But after done some research from the internet, i found out that the quit rent receipt suppose to check by the lawyer in the very very 1st stage.

In fact I did not ask them to refund because i'm afraid i'll displease him.
But actually should they refund me the lawyer fees? Perhaps partially?

2) After some times, i remember that i've also paid for the stamp duty so i called up my lawyer to ask them on helping me to get the refund because i have no idea how to do that. So today, i've get the answer through phone that the lawyer told me that the LHDN said the stamp duty is not refundable because it already passed more than 1 yr and will mail me the letter reply by LHDN.

I've got very frustrated in this case, isn't that my lawyer should help me to get the refund when the S&P is aborted and not until i called them up to remind them? In this case, should the lawyer bare the responsible?

Please kindly advise.
Thank you.

Hi all, curious question. Say that SPA is signed, is there a restriction where the related property cannot be used for viewing purpose by agent anymore ?

Dear legal expert,

I had brought a single storey house through LACA auction from bank on 17 July 2012 which cost about RM80k. I had paid 10% deposit.

My legal firm's clerk just told me the individual title had been issued and already registered under previous owner name. The firm 's clerk said she never meet this kind of case before because this case should under high court auction.

My Question is:
Q1, how can i transfer the house under my name? because i heard maybe the bank will withdraw the deal.
Q2, are there any risk if i  proceed to pay balance purchase price? i intend pay by cash.

Thanks for help..

wilson

Hope anyone can share whether this process seem right now ?

I have brought a sub-sale condo in March this year, first time purchase, done everything, signed s&p and got the loan with bank in the past few months.

My bank has disbursed the amount to the previous owner bank for full settlement for the owner loan in early Aug, so when I check with my lawyer which is same lawyer with the owner, they informed has sent the cheque to bank and waiting for the Deed of Receipt and Reassignment and all original documents from the Bank.

But when I check again end of Aug expecting to get my key to the house, the lawyer informed they still have not receive the documents from the bank.

Just wonder if this is correct ? Am I suppose to just sit here and wait for the lawyer ? How long is the normal process and anything I should be doing?
Thank for anyone that can share with me their knowledge on my questions.

Hi sifu,

exp:

Mr. A has a land, but he never make a will. Mr. A pass away for 1 week already, sijil kematian just issued from JPN.

Question:

What is the fastest way his sons can get the land?

Thanks

Hi, I handed over rented apartment keys to landlord's friend on 13/8/12 because the landlord wasn't free and the landlord promised that she would return 3/4 of my deposit by 17/8/12 (she would keep 1/4deposit to cover the utility bills). But when I called her on 20/8/12, she said she was abroad and hang up her phone.
Then 2 weeks later on 3/9/12, I called that landlord again and she said she never said that she would return my 3/4 deposit by 17/8, and she found out there were a few problems in the property and we need to pay to repair. then when I defend, she said the phone line was not good and hang up her phone and till now, I haven't heard anything from her.
I don't think I should pay for the repairs as the landlord or her friend didn't inform me about the problem untill 3 weeks later and I don't know what they did to the property. The landlord bought the property from the seller(my previous landlord) and she didn't do a proper check before signing the S&P, now she found out the problems and wanted me to cover her cost which I don't think its fair.

The question is what I should do next, should I file a police report against my previous landlord(I had a rental agreement with him), or against the current landlord whom I don't have an agreement with.

Brother Dario,

The deadline to sign the SPA is due on 21 Sept as per booking form.  However, the landlord requested me to sign the SPA this week which I am not comfortable with as banker just called to informed bank loan approved and I have not really start looking for lawyer to prepare SPA.

Can I not agree to sign SPA this week and should I receive the LO Offer from bank before signing SPA?

Thanks

Dear Legal Experts and Proerty Experts,

I have a major dilemma here that I hope you can help me. I bought a high end condominium in Feb 2011, and moved in Dec 2011. A week after that, my bathroom was flooded with sewage water that flown out from the shower drain in my bathroom. I am staying on the first floor. Because it was weekends, the developer didn't send in their plumbers to rectify it immediately. I had to than a few days of this shit and urine in my bathroom for 2days before they came in and cleared the waste. And upon investigation, they blamed it on the contractors above my units who might have thrown rubbish into the drain and caused the blockage. During that time when the plumber was checking the piping in my house, he kept mumbling that the developer used cheap labour and cheap materials that's why so any problems. I couldn't sleep well the few nights, i stayed in the unit regardless, cos i feared that the Waste would flow out of the bathroom and damag my bedroom.

I thought after they cleared the rubbish that had clogged the drain, everything will be fine. But after a few days, it happened again! Same shit problem! I wrote to the director of the developer, she replied it is normal fr the first floor unit to kena this problem. After they cleared the debris and changed the pipes, they said they won't promise it won't happen again.

I got phobia after that incidents. I did not dare to use the bathroom, cos I feel that it's so unhygienic and unhealthy to use a bathroom that was flooded with human waste. I did not even dare to sleep in the master bedroom because every time I hear water noise, I will freak out and worried that same shit problem happen again. So, I moved to a second bedroom and leave the master bedroom unused. Imagine how sad I was paying 790k, but I didn't use the master bedroom or the bathtub that I have been longing to use.

A few nights ago, which means 9months after, same shit happened again. But this time is worst. I came home and even before I reached my door, I smelled urine and shit, and I could see sewage water flowing out non stop from my house!

It flooded my house! It contaminated my whole house including the bed, wardrobe, electrical items, kitchen, timber floorings, and etc.

I called the person in charge on his cell, he said its 10:30pm, he can't do much, the plumber won't come, he asked me to wait until next day, but he couldn't promise what time of the day.

Damn it, my neighbors came and helped me, we alerted the security guards, and they informed the management. The maintenance team from the management team came and took a few hours, before they managed to help me to unclog the pipe below. Me and my neighbors had to sweep out the human waste out if my unit.

I called the bloody developer rep the next morning, she said nobody informed her of anything. I sent an email to them and the director two hours before I called. She said we can't check the mail because the secretary only has the access to the email, and that the director is not in the office.

After I scolded them, she finally sent the plumber in and took a look, but he didn't give me an definite answer or solution. The developer didn't reply me either since then. Not even regarding the denying fees that I had to fork out.

I am devastated. None of my friends can help me in the legal advice. The lawyer friends said they are not expert in this.

Please help me guys.

Not to mention, it's has been 3weeks that they ignored my complain about the water leaking in my second bedroom wall, even after I threatened to bring this issue to public. I wrote almost 10emails but none was replied.
Please help me.

I have an existing tenancy that says that the tenure of rental is 1+1 years -  now that the tenancy is going to expire in 2 months, the agent is calling to say that
the tenant would like to continue renting into the 2nd year..

However, the agent is demanding that I pay him another 1/2 mth rental for the 2nd year  but I did not indicate verbally nor in writing my agreement to this fee at any time.  I understand that usually the one month agency fee is for a tenancy agreement of 1 to 2 years which has been paid prior to the commencement of the tenancy.

Please advise what are my rights in this situation.

thanks

Dear Dariofoo,

1) Why does the UK judges wearing the white faked hair on his head during the trial? What does it mean? Any website I can go for me to search and read.

2) If my friend want to borrow from me RM100k, can I appoint a lawyer to draft me an agreement as evidence I lend him RM100k? What is the name of the agreement? In the agreement can I write a clause stating that failing to pay the installment I will take away his property and sell it.

Dear Dario, i recently sold my house. and after signning the S&P, i decided to withdraw it.  At that point of time, the S&P was not stamped yet, and i called my lawyer and ask whether i can abort the transaction since it is not stamped yet. But according to my lawyer, he said that the S&P is valid although it is not stamp, and the purchaser wil have the right to ask for penalty from me.  Is that correct?

thanks

My banker not allow me to use the same SPA lawyer for loan agreement.  As I tot I appoint same lawyer for both SPA and loan agreement will be faster transaction. My point is will it be any potential delay in docs if I using two lawyer for SPA and loan?

The agent that sold me this unit from the developer asked me just forget and let go and sell it off to somebody else. I have been selling, and recently received an offer to purchase. I feel so bad that the problems are not resolved yet. It is unfair for the new buyer too.

Recently the trend is like that.........I don't know why..........my banker also the same and same goes to my sister with different banker. Don't know what logical reason behind it.

Dear Dario,
Then,what is the purpose of stamping?
I thought the stamping  is for the legitimate of the contract and if the contract is not stamping, it can be null and void.

Appreciate your advice.

mr dariofoo,

need your insight on this case, owner vs developer. link below.

http://forum.lowyat.net/index.php?showtopi...&#entry54608175

Hi,

Recently my MOT lawyer is trying to get the grant from Jabatan Tanah (W.P.) after giving them the blanket of consent but they say all the application is being KIV due to some internal conflict by the approval department and another department. Anyone heard of this?