Ok Thankss Dario...I shall check with the developer then.
BTW...Noob question....State Authority means to check at the Land Office is it?

is that registered post send means our obligation fulfilled regardless he is oversea?

hi dario,

got a quote from firm on 365k properties which i want to buy from vendor.

1: Sale And Purchase Agreement (subject to sub sale case) 3,005.00
Add: 6% Government Service Tax 180.30
3,185.30
--------------------------------------

Disbursement

Stamp Duty on Sale and Purchase Agreement 40.00
Stamp Duty on Deed of Assignment (DOA) 40.00
Estimated stamp duty on DOA 6,300.00
Land Search 60.00
Developer Confirmation 50.00
Administration Charges 50.00
Transportation Charges 100.00
Miscellaneous 50.00 6,690.00
--------------------------------------
9,875.30
-------------------------------------
2.Property Sale Agreement (subject to sub sale case) 3005.00
Property Purchase Agreement 300.50
Deed of Assignment 300.50
Power of Attorney 300.50
6% Service Tax 234.39
4,140.89
-------------------------------

Disbursement

Stamp duty on Property Sale Agreement 1,855.00
Stamp duty on Property Puchase Agreement 40.00
Stamp duty on Deed of Assignment 40.00
Stamp duty on Power of Attorney 40.00
Stamp Duty on Letter of Offer 10.00
Purchase Loan Documentation 150.00
Developer confirmation 50.00
Registration Power of Attorney 100.00
Land Search 60.00
Bankruptcy Search 12.00
Administration Charges 50.00
Transportation Charges 100.00
Miscellaneous 50.00
2,557.00
-------------------------------
6,697.89

the same lawyer will execute.both snp n loan for me. is this ok? since a lawyer is handing both S&P and loan so by right can waive the developer confirmation,administration charge, transportation and miscellaneous from the loan document right?
-------------------------------

This post has been edited by shinrei: Apr 17 2012, 09:12 PM

Hi Dario,

I need advise here. I am buying a 2nd hand condo and all the S&P has been signed.

Because the owner has not fully settle his loan with his private financier, so my Bank has issue the 1st payment to his vendor lawyer to settle the remaining amount. Is already been 2 weeks time since the payment release, until now the housing grant is still not yet release by his financier.

I have check with my lawyer regarding on this, and she said only waiting for the vendor lawyer and vendor lawyer is waiting the financier to release the documents.

As today I already start paying the interet to Bank. So what can I do now? I feel very helpless on this, seems like the owner is delaying the thing. How long can they delay on this thing? Is there anything I can do?

Please advise.

Hi Frens,

My father want transfer his house to me name through MOT process. Could anyone assist me how about the process and how much the process cost it? The property value just RM110k.

Looking for assistance. Thank u

Dear Dario kor..

What if as a seller, lawyer had not inform and settle all things after the deadline mentioned in letter? Lawyer will count the late interest?

Current status, seller loan been settled, lawyer just receive security document from seller bank.

Depends on what is defined by your obligation as per the agreement. What are the facts here?

The various samples in v1 of this thread will give you the answers. There's so many there to check and compare.

Developer confirmation can't be waived as for the bank, the lawyer is writing with the bank as client and thus, the confirmation and undertakings are given to to the bank. Others can.

Same question posed before and answer at post #855 at the last page.

2 weeks is not a long delay at all. Give it a bit of time. The bank needs time to find the docs too, chief.

If seller delays, the completion date will be extended for the benefit of the buyer. There's no late interest. Seller only will have to pay late interest if the purchase price has been paid in full and there is a delay on the part of the seller to hand over the keys.

update; lawyer said can't be waived cause sign separetly ; )

Thx dario.

Completion date is 15 April. Buyer had been paid in full and lawyer is settling remaining documents. Have not call to hand over keys yet. Is there any late interest charge on buyer or seller side?

hi dariofoo..

i checked with S&P lawyer for the status.. and she had informed that she still waiting for owner/vendor's bank to release title and she already prepared MOT documents. just waiting for the title to do the process now... it is now 2 month plus after S&P stamping...

for my case, the vendor had settled by herself outstanding amount with the bank and redeem the title.

my question is, will the MOT process will take longer once the title are out ?
and first part of the MOT is to submit my name for the title name transfer in Land Dept rite ? s&p lawyer told me at land dept, it would take months before this is done.. i am kinda puzzled now...

and once the title transfered to me, and afterthat the bank will apply for their part in land dept ? then only the bank will release the money to vendor ?

kindly guide sir !

What do you mean Buyer had been paid in full? Did you mean Seller?

I've already answered to you in detail on the procedure in my post dated 28th Feb 2012. With all due respect, why are you repeating the same questions again?

Yep, saw the post dariofoo, but that was i suppose bank to bank title redemption ? and it was now the vendor agree to pay by herself the outstanding balance amount to her bank.. it doesnt really make any difference.. isit ?

And i am blur on the 'periods' that may lock the overall process down...like in this case land office... does they really stretch their processing time ?
and as your below reply no.10 .... it seems only loan lawyer will process at land office, and not SPA lawyer ?

just curious to know..

appologies if this is a repeat


Basically the flow is like this:
1. The vendor's bank issues redemption STATEMENT;
2. Your loan lawyer prepares all the documents and advises your bank to release the redemption sum.
3. Your bank has to issue the cheque for the redemption sum.
4. Your SPA lawyer passes the cheque and the discharge of charge [DOC] to the vendor's bank.
5. Vendor's bank executes DOC and returns it with original title, etc.
6. Your SPA lawyer dates memorandum of transfer [MOT] and submits it for adjudication.
7. LHDN will issue notice of stamp duty to be paid upon MOT.
8. SPA lawyer pays stamp duty and gets MOT stamped. DOC is also stamped with nominal stamp duty.
9. SPA lawyer hands over registration fees, DOC, MOT and other original documents to loan lawyer.
10. Loan lawyer presents DOC, MOT and charge in favour of your bank at the land office.
11. With presentation receipt and other ori docs, your loan lawyer advises bank to release final drawdown.
12. Bank release cheque for final drawdown.
13. SPA lawyer hands it to vendor, and keys are exchanged together with apportionment of outgoings - end of transaction.

This post has been edited by it.fusion: Apr 18 2012, 05:05 PM

My fault to confusing you!

- Seller loan account had been settled now.
- Completion date is over now.
- Lawyer had not settle all documents hence no call to handover key yet.
- As a buyer, do I get late penalty interest charge because it over the completion date.

Hi,i knew that my issue not related to property but still i need some insight.I am a registered physically disabled person.I need a legal/law advise regarding this.Any lawyers or person gone through this situation before,will be much appreciated.

At first i've got a sinus with puss discharge at supra pubic area for a month plus.Did a sonogram diagnostic last week followed by a surgery to remove a 2cmx1.5cm cyst/puss collection at the mentioned part,they removed around 2cmx1cm and 3cm deep flesh to access the cyst/puss collection.Few days after the surgery,i still see puss accumulating at the surgery wound's underneath.The condition was still same for a week therefore i decided to consult another general surgeon from a medical centre,after checking the wound he said the cyst/puss collection was not exactly removed because it's situated just below the surgery part and not directly on the surgery part.He made a small incision below the surgery part and there it goes,puss was rushing out,i mean alot of puss.After clean 'em all he advise me to do daily dressing.I asked for a letter on what he did and he provide it.So now,i am really frustrated with the surgeons etc that performed the surgery without removing the actual part they should remove.I have some photos of the wound before and after,also how much puss accumulated after the surgery.I would like to know,legally what are my options and percentage if i could sue them.


Thanks in advance.

This post has been edited by Conroe: Apr 19 2012, 01:43 AM

Hi Dario,

I know this question might not be related to lawyer's corner, but I'm not sure where to post this question in the forum.

So my question is this; can I apply for Assessments exemption if I am not planning to dwell inside my new house for more than 1 year?
Can I appeal this to Majlis Perbandaran?

What are the procedures? What sort of documents that I need to prove to them?

Thanks in advance.

hello

My mum selling her office lot and at the same time, i am buying a house.

Questions:

1- Should we use the same lawyer ? any conflict ? save cost ?

2- SPA agreement fees , Legal fees is pay by seller or buyer ? or share ??


Thanks