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Added on September 14, 2012, 8:46 pmDear Dario, thank u for yr reply. Refer to the s&p stamping issue, I just want to confirm my understanding is correct. Does that mean that if purchaser signed s&p but vendor refused to sign, the purchaser can ask compensation from vendor (10% deposit paid to vendor + 10% of damages)?? Is that correct? Thank u

Hi Dario,

I submitted my questions above last month and you advised that for transfer out of love and affection for my case in which the home loan is still being serviced, both of my father and me may need to refinance the property again as the documentations are prepared on the basis of a first party loan. My new questions below:

1. I talked to the bank's mortgage officers (maybe too junior) and said that it is merely a transfer via MOT from husband to wife and no SPA will be involved, they seemed not to understand very well the procedures and insisted that it is a sub-sale, hence a new home loan, and not refinancing of loan. If it is a new home loan, I may only be entitled to get 70% of the outstanding amount. I am very worried about this. Can I have your advice?

2. The mortgage officers also mentioned that my mother's name will have to be included in the new home loan as joint applicant. But my mother is a housewife with no income. Is this even necessary?

Look forward to getting your valuable advice. Thanks.

Hi Dariofoo,

My downstairs condo owner came to complain that water from my bathroom leak to his unit. So he ask us to go repair the leak.
May I ask if there is a law to say who should be responsible for the repair or what is the normal practice for such matter?

Appreciate your advise. Thanks.

hi dario foo,

need ur advise here.
can i take my name out fm the house without changing the bank loan? the hse & laon under me & bro name. so the involve party only lawyer and not bank?

Hi Dariofoo,

I've got a few questions on tenancy issue.

Say, I rent a room from the main tenant who rents it from the owner himself and there was no agreement signed on paper or whatsoever. The only thing that I had was the proof of payment for 2months deposit. Recently, another housemate and I have discovered that the main tenant have tried to deceive us in paying extra in terms of utilities bill. We have not confronted her yet as we're waiting for her to inform us of the bill payment (she settles the bill and informs us of the payment that we should be every 3/4 months only).

Questions are,

1. If we confronted her with proofs (picture of actual bill) and she denies of her actions, can we sue her when there is no legal paper signed?
2. If we chose not to pay more than what we should be paying, and can she sue us? (again, I have to state that there is no agreement signed here)
3. If the main tenant choose to kick us out from the house immediately, can she do so even if there is a 2-month notice period? (in this case, there is an official receipt for deposit paid)
4. Last but not least, can the other housemate and I sue the main tenant for her actions (unfairness in utilities bill, attempt in kicking us out without notice)? If yes, any proper channels that we can do this?

Thanks!

hi dariofoo,

newbies here,..let say i buy subsale property from agent...how long for me need to wait for a lawyer to process all documents to transfer name? what is the steps from beginning to consult with lawyer regarding with property? can describe a bit?..tq

Dear Dario, Appreciate ur advice where can we complain against developer who delay the refund of booking fees ? This case was loan reject. Thank you

Hi,

I've signed SnP n loan aggrement on June , just get consent and waiting for everything to be done. Now my questions is, would there be any reason if my bank dont want to release the money to the buyer?? Example if borrower exceeded monthly commitment that required from the bank. June - housing loan approved then August personal loan approved. Will the bank withdraw my loan if they found out? Estimate on Dec will get the key. Sorry if my questions troubling u. Thanksss

it is a low cost flat situated near to usj subang..buy from an agent..any more information u need?
and what is strata title if u know ..thanx

hi there,

would like to ask about the clause in SPA. I am a seller of a property and  the selling process has some delay and the lawyer quote me the sentense below:

"Pursuant to Clause 2 of the SPA, Completion Date is 90 days (please refer to definition of days at Clause 22 - working days) from the date of the SPA . Thus, Completion Date is on 5.10.2012 and the Extended Completion Date is 30 days thereafter subject to late payment interest at interest of 8% per annum on unpaid balance from the expiry of the Completion Date till the Balance Purchase Price is paid to the Vendor"

SPA date is 28-May-2012.

the 90-days is referring to 90 "working" days or 90 days including holiday, saturday and sunday?

Pls help to clarify

hi dario thanks for the reply.

I check the SPA,

in the definition, there did stated BUSINESS DAY means a day (other than a Saturday, Sunday or public holiday) bla bla bla......

however, some of the clauses in SPA stated DAY instead of BUSINESS DAY. Does it mean DAY also referring to BUSINESS DAY?

Dear Mario,

Dear Mario, I recently sold my house and I allowed my buyer to pay part of the deposit (3%) by EPF withdrawal within 3 weeks from the date of the S&P.
The S&P date is 3 September 2012.

And here is the clause:

“….which shall be paid by the Purchaser to the Vendor within three weeks from the date of this agreement by EPF withdrawal, failing which the Vendor shall have the discretion to terminate the Agreement and earnest deposit shall e forfeited by the Vendor as compensation”

And when checked further in the S&P, these are another clauses that I found:
“Business day: If the completion Date or the extended completion date shall fall on a day which is not a business day then the due date for payment shall be extended to the next following business day. For the purpose of the clause, business day shall be a day on which banks are open for business in the sate of Selangor excluding Saturdays and Sundays.

“Definition: In this agreement, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:-
a) a period of days from the happening of an event of the doing of any act or thing shall be deemed to be inclusive of the day on which the event happens or the act or thing is done and if the last day of the period is a weekly holiday or a public holiday (“the excluded day”), the period shall include  the next following day which is not an exclude day
When I asked my lawyer, he told me that the definition of 3 weeks here includes only working day, and therefore the due date of the paying by EPF withdrawal will be on the 2 Oct 2012. Is that true?

How do you calculate the due date for this i.e. 3 weeks from 3 September? Is the public holiday and weekends (Sat/Sunday) counted?

Kindly advise.

Thank you

Dear Dario, thank you very much for your prompt reply.

I just talked to my lawyer again, and after he gone thru the S&P again, he confirmed that the way of calculating the 3 weeks should be included the weekend/public holiday, hence, the last day would be 24 Sept as per what you said.

So, what is your advise? can i terminate the S&P and forfeit the purchaser deposit if the purchaser didn't pay by 24 Sept?  Will the buyer take legal action against me if i forfeit the purchaser deposit?

There is a clause stated in the S&P saying the below:

“….which shall be paid by the Purchaser to the Vendor within three weeks from the date of this agreement by EPF withdrawal, failing which the Vendor shall have the discretion to terminate the Agreement and earnest deposit shall e forfeited by the Vendor as compensation”

thank you!

Greeting,
My company had currently run into a potential Property Agent and owner scam.
I need some advice over here.

We surf iproperty to search for a warehouse at PJ area and come to this agent A.
We had view the warehouse and agree to rent it even it is not under well maintenance, and the condition is WORST.

We had sign a 'LETTER OF OFFER TO RENT CUM TEMPORARY RECEIPT' from the agent.

After around 13's working day we decide to call off the rent, because owner had delay (around 2week) to discuss directly with us regarding the Tenancy Agreement and we can't agree with his term and request to revised the Tenancy Agreement but owner side is not willing to discuss. Owner first direct contact us regarding the Tenancy Agreement was by email, and before this the Agent A is the one who pass the message.

Now the owner lawyer issue us a letter saying that our earnest deposit had been forfeited due to we fail to sign the Tenancy Agreement within 14 working day and decide to call off.

My concern is :
1. In the Letter of offer cum temporary receipt it state that the property agency as STAKEHOLDER. So does they have the right to give owner our earnest deposit cheque before everything have confirm ? As my account told me, the cheque had been bank in by owner on the same day we pass the cheque to the Agent A.

2. Does a Letter of offer to rent cum temporary receipt have any valid legal action in Malaysia ? If it does, and when the Agent A had pass the earnest deposit cheque to owner before everything settle down, did it mean that they had broke the 'Letter of offer to rent cum temporary receipt' ?

3. What does STAKEHOLDER stand for in this case ? If it mean for the property agency to keep our earnest deposit until everything settle down, than can we complaint the lawyer which he is point that our earnest deposit is forfeit due to we had call off the rent.

Not that we don't want to find a lawyer, but the money had gone into owner pocket. And a lawyer to open a file cost RM10k, and it might take time. What if the owner say no money to repay back ? Than before getting back our RM32k earnest deposit we might already rugi to another lawyer.

So we are now trying to make complaint to property society and maybe lawyer society too.
Do you think this could help ?

Hi. I own a small designing company established 2 years ago.

Recently, I had the opportunity to work with a client who had a menu design job recommended by one of the friend. But, at the end of the project, they decided not to pay up. Yup, they decided that our designs were not “satisfactory” and “did not meet their expectations,” hence, nothing was given to us despite our late nights to rush and complete their job.

Throughout the whole 3 months they were either not picking up our calls, not responding to my emails or just plain avoiding us. I have all the email / SMS conversations and up front payments as proves of the project.

I have been advised by my friend to issue a legal letter for the action. But I was afraid if they even ignored my legal letter, what are the next step can I do?

Even if I bring this case to court, I was afraid the payment for lawyers is even expensive than my whole project's payment.

Please kindly advise.

Dear Dario, thank you for your reply.

If let say the buyer didn't pay me on or before 24 Sept, and I (as a vendor) decided to terminate the contract, and forfeit the buyer deposit, will the buyer take legal action against me?  pls advise.

Let me recap the clause stated in the S&P:

“….which shall be paid by the Purchaser to the Vendor within three weeks from the date of this agreement by EPF withdrawal, failing which the Vendor shall have the discretion to terminate the Agreement and earnest deposit shall be forfeited by the Vendor as compensation

If I were to do business in Malaysia, is it wiser to do an agreement between me and my client before committing the project? I heard from a friend saying that an agreement is your "Bao Zhang" or guarantee and even a fast track for the court to process things. Example like Sale & Purchase Agreement. Fees and Expenses will be same like Conveyancing calculation am I right?
Like that in reality, everybody with bad faith can bully small potato like Mr.Bibimomochan. As you know human doesn't have a standard moral and even they know it is wrong but they still do for the sake of love of $.

How do I know whether I've enough proofs for my case? Do SMS / Emails counts as a proof as I do not have a chop & sign contract. I've sent the estimate to my clients and asked them to chop & sign with 50% deposit as confirmation. But they do not have scanner to fax me back, so they just written as "Confirm" in the email with attached 50% deposit.

My amount wasn't that much, but what really pissed me off is that this kind of businessman are taking advantages of the small company like us, especially in the field of designer.

Hi Dario,

I am in a dilemma. Recently I bought my first property, signed the loan agreement and SPA 2 months ago but I found out that the developer (quite reputable one too) has some issues with the local council. Apparently the licenses granted by the local council was for the extension of the existing hotel on site and not for serviced apartment. Another issue is there is not enough carpark being allocated for each unit and also lack of a secondary access road. The surrounding residence protested many times to the media.

From what I heard this project might not take off at all. My concern is if this project is cancelled, am I liable to the bank for the loan that I have taken? What will happen to my downpayment and deposit? Any advice would be appreciated. Thank you sir.

Hi Dario,

Recently, I just sold one of my property through agent at RM700K. I agree to pay RM9K as his professional fee. Somehow, he collected 2% from the purchaser as earnest deposit as stakeholder. He told me that once the SPA is signed, the balance shall be refund to me. There is an agreement (GENERAL AUTHORISATION TO SELL) signed by agent and I.

There are purchaser solicitor and vendor solicitor were appointed.
The SPA is about to execute. I had run through the SPA draft but in the payment wise did not stated that the balance of earnest deposit will refund to me. The only thing that was stated is 2% payed by purchaser to agent as stakeholder. I had consult my lawyer, the lawyer said this agreement is between purchaser and vendor, NOT the agent. So, the lawyer advise me to request the balance from the agent BEFORE SPA. I also told this to the agent but he refuse to pay me the balance since he following company policy.

Is there any problem?

What if I sign the SPA? Will the agreement (GENERAL AUTHORISATION TO SELL) between agent and I void?

Please advise SIFU SIFU.