Welcome Guest ( Log In | Register )

Bump Topic Topic Closed RSS Feed
54 Pages « < 41 42 43 44 45 > » Bottom

Outline · [ Standard ] · Linear+

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

views
     
TSdariofoo
post Oct 2 2012, 07:21 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(Bit @ Oct 2 2012, 04:04 PM)
This is a new double story house under development and expected completion date is end of 2012. I have been going to the site monthly for its status. Unfortunately the unit that the workers are staying is the unit that I have purchased. Aren't those workers are not allow to stay inside the 90% completed unit. What will happen to the final finishes? The worst might be that these workers will just shit inside the house as there is no toilet available for them.

So all this will be treated as a defect?

Please advise.
*
The worst of your concern is that the workers might shit in the house? Seriously? sweat.gif
TSdariofoo
post Oct 2 2012, 07:26 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(bestie188 @ Oct 2 2012, 06:05 PM)
Hi Dario,

I have a question regarding the transfer of property.
My Grandpa passed away and will stating the property to be transfer to me. After all the processing for 2 years, the property now is under my name. But i would like to transfer the property to my brother. Do i need to pay any tax? government tax? i heard some people say need to pay what government tax 20%++ on the market value of the property which is like few hundred k. i m not selling the house but transferring to my own siblings.

*
Transfer to your brother out of love and affection without SPA, right? You need to pay full stamp duty on the market value of the property. That would be the only tax. Stamp duty is fixed and depends on the market value, determined by LHDN.

QUOTE(bestie188 @ Oct 2 2012, 06:05 PM)
The property is more than 20years now so Real property gain tax wont come into play.
*
Nope. It does not work that way. Date of acquisition is the date when the property is registered under YOUR name. Date of disposal is the date the MOT is transferred to your bro. Less than 5 years, surely, so there would be RPGT if it was a normal sale at a higher price than market value at date of acquisition. In this case, since there's no SPA and the transfer is out of love and affection ,there is no gain on your part so RPGT would not apply. icon_rolleyes.gif
TSdariofoo
post Oct 2 2012, 07:29 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(idoblu @ Oct 2 2012, 06:27 PM)
Hi Dariofoo

Hope you can give me some advise what to do.

I put up a paid ad at propwall to sell a house of mine.
Then one real estate agent stole some of my pictures to be
used in his own free ad of another house. I called the agent up
and request him to remove the pictures of my house from his post. He agree
but till today it's still there. My pictures are all watermarked but he edited them out.

I then emailed propwall admin and requested that they remove it.
But the admin says they will call the agent and ask him to do it.

I fear that nothing will happen. I will wait a few days to see what happens.

If nothing, what can I do? Can reporting to MCMC do anything?
Btw the pictures is a very different type of house than what the agent is selling.
It's totally a misrepresentation besides been not the same house

Thanks in advance

Oh another thing, this thing has happened before but that time propwall
removed his ad but not this time. Same agent
*
Simple. Complain to his agency. If that does not work, complaint here:
http://www.lppeh.gov.my/

Against both the agency and the agent. icon_rolleyes.gif

TSdariofoo
post Oct 2 2012, 10:45 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(idoblu @ Oct 2 2012, 08:39 PM)
Thanks Dario for your answer. I'm thinking isn't Propwall also accountable for what goes onto their website? Its accuracy and the integrity of their advertisers?
*
How would one expect propwall or iproperty or any online forum, even lyn, to verify and confirm every single post ad accurate or even worse, the integrity of those posting thier ads? It's a near impossible task, to be honest. As far as the law goes, they do not infringe any law. It's an open forum anyway. Hard to say really.

At the end of the day, let the buyer beware - caveat emptor. Check and verify the info yourself before confirming any purchase or info. With regard to your case, you should take it up with their agency, as I have advised you.

TSdariofoo
post Oct 3 2012, 12:02 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(Bit @ Oct 2 2012, 11:21 PM)
That is the worst case scenario. Anyway most developer forbid the workers to stay in any of the lots and instead they will allocate the workers quarter/cabin for them, right?
*
You're right but that's not the worst case scenario. What I would suggest that you do is to write a formal letter of complaint to the developer and cc it to HBA and also the Ministry. Just to give it a bit more ooomph. smile.gif
TSdariofoo
post Oct 3 2012, 12:07 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(Newcastle @ Oct 2 2012, 11:40 PM)
Hi Mr.Foo,
After searching LAWYER CORNER and LAWYER CORNER V2, I haven't see anybody asking how much a Standard Normal WILL Cost? What is the range like? is it RM500 to RM1000?
*
Depends on how complicated it is - beneficiaries, properties, executors, trust deeds, other related matters.

Also depends on which law firm you go to - big, medium or small.

As much as people always use the word 'standard' for wills, agreements and deeds - I would say that there's nothing standard about it.

Just go out there and get a few quotations to compare, and choose the one that fits you. icon_rolleyes.gif


QUOTE(Newcastle @ Oct 2 2012, 11:40 PM)

Does a WILL include my EPF/KWSP and everything I have will pass it to beneficiary according to LAW.

Thanks.
*
Not EPF. For that you need to appoint a nominee by dealing directly with EPF. When you open an account, a nominee column will be there to fill up. Just update it from time to time, eg if it were your parent, then once you get married, you might want to change it to your wife.

A will can include monies in bank accounts.


TSdariofoo
post Oct 3 2012, 12:09 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(zenquix @ Oct 3 2012, 11:48 AM)
A lawyer quoted the below disbursement fees for a Perfection of Charge transaction for my bank (Property was issued an individual title). It looks a bit excessive to me (as it comes up to abt the same amount for the legal fees) and would like to get your opinion.

Stamping of Charge Annexure @ 4 copies  40.00
Land Search      90.00
Registration of Charge      120.00
Purchase of Documents      200.00
Printing & Faxing      100.00
Courier & Misc        100.00
Transport,        200.00
        Total 850.00

The legal fees came up to RM890. This is not an MOT as i went with the original S&P lawyer for that
*
Please refer to the samples in v1. You can see which ones are overcharged. Especially when you consider the fact that it is only for registration of charge, which quite straightforward. Why did you not use the same lawyer for both MOT and Charge?
TSdariofoo
post Oct 3 2012, 02:08 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(zenquix @ Oct 3 2012, 01:56 PM)
not by choice. Bank wanted their own panel and developer had their own panel.
*
Legal fees absorbed by developer? This is after VP ?
TSdariofoo
post Oct 3 2012, 02:10 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


LAWYER'S CORNER WILL BE TAKING A BREAK

Will be off for an outstation trip and will be back tmr evening (Thursday, 4th). Do post your questions here if it is not urgent and you can wait for a reply. If it is urgent, do post it in the open forum itself.


icon_rolleyes.gif
TSdariofoo
post Oct 4 2012, 06:22 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(zenquix @ Oct 3 2012, 02:14 PM)
yup currently after VP. Legal fees for loan was not absorbed by developer, and loan lawyer was dictated by bank.
*
If you're paying the legal fees for the MOT now, then why must the developer dictate that you must use their panel? It has nothing to do with them and they can't force y - unless they are paying the legal fees for the MOT side.
TSdariofoo
post Oct 4 2012, 06:23 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(WinterSakura @ Oct 4 2012, 09:50 AM)
hihi~~

if the condo purchase is still under construction, did the buyer need to submit CKHT 2A form to LHDN?? i'm wondering about that.  hmm.gif

the law stated tat buyer need to submit the form to LHDN 60days after date of agreement. otherwise penalty will be imposed on buyer.

can anyone clarify for me?? thanks~~ notworthy.gif
*
Is this subsale or from developer? If subsale, then must submit CKHT.
TSdariofoo
post Oct 4 2012, 06:27 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(kh8668 @ Oct 4 2012, 11:32 AM)
Hi Lyn forumers,

I got a question regarding to RPGT.

I don't know how this will work out.

Case: Let's say I bought a piece of residential land in June 2010. I built a bungalow house on that peice of land and then sold the land and bungalow together in June 2012.

Originally, it was a piece of land (when bought) and sell it (land plus bungalow).

My question is how the RPGT will be imposed here?
*
RPGT is profit upon nett acquisition price less nett disposal price. It is not just selling price less buying price.

Nett acquisition price includes costs of construction, renovations and building of any structures. So. The cost of all that can be included in your acq price, together with the cost of buying the land.

So, your nett gain should be fairly calculated.


TSdariofoo
post Oct 4 2012, 06:29 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(peeyaw @ Oct 4 2012, 03:06 PM)
Dear Mr Dario Foo,

The scenario is like this, i made a purchase of a property and conducted renovation work on the said unit.

However, i found out that certain part of my unit was not done properly by the developer before handing over of the property.

Since renovation work has taken place, am i able to claim for defective work from the developer since the DLP has not lapsed as yet.

Thanks in advance.
*
What do you mean by 'certain part of my unit was not done properly'? What was the defect? If yr renovation included that area, the developer may repudiate liability and put the blame on you. If not, then you can bring it to their attention and get them to rectify it.
TSdariofoo
post Oct 5 2012, 05:00 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(kh8668 @ Oct 4 2012, 06:57 PM)
i See.

is that mean

my acquisition price would be

land cost + the cost of the buungalow i built
so my rpgt calculation would be base on nett of

my selling price - (land cost + bungalow building cost)

am i right?

p/s: then which date should be follow for acquisition date; June 2010 bought land and building bungalow done in June 2012? Selling in June 2012.
*
Yes. Don't forget to include agent fees, lawyer fees for both side and any other expenses for both sides. It can increase your acquisition price and decrease your selling price. The nett gain would be less.
TSdariofoo
post Oct 8 2012, 10:50 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(brianccg @ Oct 5 2012, 10:20 PM)
Buy a sub sale property but seller lawyer have nt revert to my lawyer on the draft spa and given my lawyer a copy of ic for spa preparation.  I buy direct from owner and had prepared a simple form for both party to sign. In the form I stated if spa not sined within 14 working days due to seller not furnish the necessary docs for spa, buyer can call off the deal and asked for deposit refund plus liquidated damages. Next Thursday is due for the spa, if seller still hv nt confirm on spa, can I call off the deal and ask for deposit refund?
*
Haven't had the chance to look at the form, but from what you have said, if it is not done within 14 days due to delay from vendor's side and documents not provided, then you can terminate and request for a refund.
TSdariofoo
post Oct 8 2012, 10:52 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(jackolee @ Oct 6 2012, 08:41 PM)
Hi there Mr dario foo,

What are the procedures to sell a property under construction of I am buying directly from the developer other than getting the developer`s consent? Thanks
*
It would be just like a subsale. You would sign an SPA, obtain a loan, the vendor's loan would be redeemed, the DOA stamped, and once the balance purchase price has been paid and the assignment perfected, the dev would be notified of the assignment and you would be the beneficial owner.
TSdariofoo
post Oct 8 2012, 11:33 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(AirMY @ Oct 7 2012, 06:15 PM)
TS, Sorry for not reading the rules and regulation at the 1st place .

here is the problem , hopefully someone can help. 

Ok, so here my bro in law owned Ah long , so now my sister divorce with him edi. And she afraid that Ah Long might able to snatch their house away, so she want my mom which previously loaned them with her own coffin money up to RM 200k

So, in the caveat stated that my mom loan them Rm 200k+ for the renovation of their house , and she wanna place caveat on that particular property to safeguard her own advantage, the caveat will be lift off when the loan of RM 200k will settled by my sister.

But the thing is, my sister gave us 3 form for my mom to sign,

1. To place the caveat on the property (It got stated that my mom will lift off the caveat if only my sister pay finish the RM 200k)

2. To admit about she loan my sister RM 200k and wanna place caveat on it

3. To lift it off

My mom feel that it is not necessary to sign the 3rd form as it will proof that my sister already paid off the RM 200k + and she can lift off the caveat anytime. My mom scared that in future , my sister might use that particular document to against her.

So when my mom confront my sister about the 3rd document , my sister was furious and said that the Lawyer do this is to protect their property from taken by Ah Long and the reason stated in the caveat is fake, because in order to caveat the property, it require reason for it.
Note: The whole caveat was arranged by my sister with the reason of afraid the ah long will take the property away. The house name I think is under my sister or half of it under my brother in law.

So the question is

Is it ok to sign the 3rd Caveat??
Again, my sister said that those reason are fake but the document are real. She doesn't really mean to give back the RM 200k and my mom worried that she might use this document to make a fake proof that she has repaid the loan back to my mom . So the caveat are real but the reason on those caveat's documents were false. Which mean that the caveat are not fake but the reason is.

She then proceed and said that the Lawyer requires all the 3 documents to be submit together. Is it true?

And she again mentioned that what if in future, when our mom is not here or too old to sign then she will face a lot of problem and further said that we want to eat her property off by not signing the 3rd form  sweat.gif 

Any pro can help me out? urgent >.<

Thank you
*
I don't understand. What is your mum's concern? Is the caveat to secure RM200kt? Or is the caveat merely to try to stop the Ah Long from transferring the property (I assume that the title is with them and a undated Form 14A has been executed).

A mere caveat would not be good enough to stop them, as a caveat can be easily removed. The Ah Long would have first priority over the property as opposed to a caveator who enters the caveat and asserts her right after the Ah Long has done to assert his. First come first served. They can apply to remove the caveat and then transfer the property.

Your mum must also note that it is a criminal offence to affirm a false statutory declaration (SD). If a Court case ensues and the caveat entered by you mum is produced in Court, your mum has to prove that the monies were given to your sis in order for her to do her renovation. Is this true? If not, your mum can be in hot soup. So do bear that in mind.

It is not true that all 3 docs has to be submitted together. The withdrawal of caveat form (the third one) should be kept by your mum. Otherwise, as soon as the Ah Long threat is over, your sis can lodge the withdrawal of caveat form and thereafter charge the property to a bank/transfer it to another party without the knowledge of your mum. As such, if her intention is to get back the RM200k, it would be better to draw up a friendly loan agreement together with the caveat to improve her claim against your sis.

TSdariofoo
post Oct 8 2012, 11:35 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(vinn @ Oct 8 2012, 07:54 AM)
Dear shifus,

Can i file a complain to consumer tribunal on this scenario?

Grille contractor had urged my mum to pay for deposit without any endorsement on quotation and he had installed a metal door which do not match with door frame. There is a approx 2cm gap in between door frame and lever handle lock so that i can easily open the door without a key. Had asked contractor the rectify the issue but the contractor refuse to do it and refuse to refund deposit as well.

Thanks.
*
Yes, you can. As long as there is proof of payment, ie receipt given. Take photos as well to show the defect
TSdariofoo
post Oct 8 2012, 01:57 PM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(brianccg @ Oct 8 2012, 11:59 AM)
Thanks Brother Dario,

The clause as below: -

The formal SPA shall be executed within 14 working days (excluding public holiday and weekend) from the date of receipt of full relevant documents from the vendor(s) and/or vendors' solicitor for the purpose of preparation of the SPA failing which the vendor(s) shall refund the earnest deposit sum to the Purchaser(s) together with a sum equivalent to the earnest deposit as agreed liquidated damages. The purchaser(s) reserve rights to opt for specific performance.
My lawyer had sent the draft SPA to seller's lawyer on last Tuesday for vetting and request for a copy of seller's IC for the preparation of final SPA but the seller's lawyer has not reverted anything till today and even the cheque that I paid he has not bank in yet and not clear. So can I said this deal is not confirm since no earnest deposit paid?

The 14 days is going to due on this coming Thursday and if I decided not to take this house now, will i need to pay him the compensation (there is no clause stated he can forfeited my booking but  there is a clause said he has to refund the earnest deposit if I cannot secure a loan amounting to RMXXX.)
*
So the first draft SPA was only sent out last Tuesday? If so, then you can't count the 14 working days from the date of payment of the 2%. It has to be from the date the draft was sent out by your lawyer. There is no fixed law on this but it is a rule of practice. You can't strictly follow the 14 working days if from your side, there is a delay of few days (around 8-9 in this case?). If this rule is applied strictly, then every purchaser lawyer will send out the draft at 5pm on the 13th day and expect the seller's lawyer to approve it immediately and get his client to sign on the next day. It does not work that way.

So, do count the 14 days again. I believe there should be time for the seller's lawyer to get back to your lawyer.


TSdariofoo
post Oct 9 2012, 09:44 AM

In the kingdom of the blind, the one-eyed man is king
Group Icon
Elite
2,795 posts

Joined: Aug 2010
From: District 9


QUOTE(Josh_Ichigo @ Oct 8 2012, 03:57 PM)
Have the rulings changed over the years or is the land office more laxed now on these issues?

Thank you in advance for your answer.
*
Not that I've heard of it.

54 Pages « < 41 42 43 44 45 > » Top
Topic ClosedOptions
 

Change to:
| Lo-Fi Version
0.0244sec    0.61    7 queries    GZIP Disabled
Time is now: 20th December 2025 - 01:49 AM