Hi Dario,

I have a question ... am looking at bumi lot house (i am non-bumi).

Understand that seller is in the midst of changing the title and will be topping up the money (paying back the bumi discount, i presume) ...

Is it safe for me to buy the house in this case? What are the chances that the land office will reject, despite the current owner is willing to pay money change from bumi to non-bumi lot? As far as i know, its a leasehold property.

Thanks.

Original documents would refer to the original SPA between vendor and developer (or previous owner), original loan agreement, original deed of assignment (and all previous ones, if any), original power of attorney, original title and charge (if there's individual title).


Whether you can request for keys is up to the vendor, or depending on what is stated in your SPA.

I've heard of this rule by some banks but at the end of the day, how are they going to enforce it against you? Furthermore, if they issue it but you did not accept it, how are they going to establish a binding contract against you? At the end of the day, it is just a letter of offer. An offer from the bank to you. You have every right to reject it. Why ought they make you pay for rejecting their offer?

You need to put the SPA price as 290k.

Then either:

a) In the SPA, the deposit paid by you (10%) is marked up by a further 20k to reflect that the balance is only 90% of RM270K and not RM290K; or
b) The vendor simultaneously gives you a letter of discount of RM20k.

However, to protect the vendor, you would need to give a letter to the vendor stating that you will be responsible to bear RPGT tax for the 20k portion, if applicable. If this arrangement can be made, the vendor should not have any problems to have the SPA to state 290K.

I see no reason why the vendor is being difficult. It's not a big deal, actually. Yes more often than not only the "relevant" pages are given, but you do have the right to ask for the whole set.

Why not write to the developer to ask for a photocopy of the full set and undertake to pay for it? I'm sure they would oblige.

Hi Dario, can you please advise whether below quotation reasonable or not for 378k property with 90% loan?

RM9,200 on S&P and RM4,700 on Loan.

Thanks.

Please check with the various samples in v1 of this topic. There's many to compare with.

Never heard of this concept before.


I would advise you against it. However, since you're interested in it, check with your SPA lawyer and get his direct advice if he thinks that there is a good chance of success.

Can I, as a buyer, sue my lawyer if the pre-agreed 3 months' SPA grace period is violated due to my lawyer's delay?

So what you mean is I should ask the vendor for key instead of lawyer?

Hi Boss,

I would like to sell my apartment but the house is still on loan.
Can help me on this? I need to paid anything to lawyer firms?
Thanks.

You can sue if the lawyer is negligent and if you had suffered losses, i.e. you had to pay late penalty interest. As to what amounts to negligence depends on each facts of the case. What was the delay?

No, what I meant was it is the vendor who decides if you can get the keys early. Of course you would still need to go through your lawyer to ask the vendor or the vendor's lawyer as one should always go through the proper channels.

My bank delivered the Loan Agreement to my lawyer but they sat on it for 35 days before I was requested to go sign it. Pure negligence on the part of the legal firm.

Agreed. Was it your SPA lawyer as well or was it another law firm appointed by the bank? How much late penalty interest did you have to pay in the end?

Interesting........... ..............Quite serious ..............Even my daddy firm cann't control every case and inefficient plus business mentally type also take only 1 week after receiving the original copy LO....beh tahan some more.....Very serious man for this.

It is you ask for donut from the law firm.

Dariofoo, if this case bring to court for negligence and will the judge ask the lawyer why. Can the provision at SRO 2006 punish the law firm for giving donut.

Or Ninjitsu will be punish for death sentence for asking donut????

SPA lawyer was not bank appointed. For this case, there is potential for late penalty charges. Presently, specified 3-month period is not up yet.

In that case you can't sue yet as you have not suffered any loss at the moment.

Hi Dario, recently my parent bought commercial property and I would like to seek for your advise whether the following section part (Payment of other sums) is follow the same standard as others?

"Section 5.01 - Outgoing, Quit Rent, Rates, Assessments and Insurance"

"From the date of this agreement until the day the separate document of title to the Said Property is transferred to the Purchaser, the Purchaser shall duly and punctually pay to the Vendor such outgoing payable in respect of the Master Land in such proportion as the area of the Said Land bears to the total area of the Master Land, excluding the areas reserved for roads open spaces electricity substation septic tanks and other communal amenities, including but not limited to quit rents, rates, taxes, assessments and other charges imposed or to be imposed by the Appropriate Authorities and the Purchaser shall effect such payments in the manner at the times and in the proportion as may be determined by Vendor."

"Section 5.02 - Interim Maintenance"

"The Vendor shall undertake the maintenance upkeep and repair of the infrastructure of the development and provide services including street lighting, refuse collection and cleaning of public drains as from the date of delivery of vacant possession until the same are taken over by the Appropriate Authorities and the Purchaser shall pay an appropriate monthly contribution to the Vendor for such maintenance and services notwithstanding in the fact that the Purchaser is required to pay assessments to the Appropriates Authorities in respect of the services to the Said Property and the separate document to the Said Property shall have been transferred to the Purchaser"


"Section 5.04 - Additional Charges or Impositions"

"if as a result of the introduction of new laws by-laws rules or regulations or the amendment of existing laws by-laws rules or regulations, it shall be imposed on the Vendor and the Vendor shall become liable to pay new or additional fee or charges or impositions (save and except any increase in the cost of building materials labour and transport charges) the payment of which shall be a condition precedent for continuing and completing the development of the Master Land or any part or parts thereof in accordance with the Layout Plan building plans and the specifitcation herein referred to and the due observance and performance by the Vendor of its obligations and liabilities hereunder, the Purchaser shall pay to the vendor a fair and justificable proportionate part of such new or additional fees, charges or impositions upon production to the Purchaser of the relevant receipts for the payment of the same by the vendor."

so in this statement, we, purchaser is compulsory to pay for all these charges imposed by the authorities?? hope for your advise, thanks in advance!

This post has been edited by eric84cool: Apr 12 2012, 12:27 PM