Hi,

The management already engage the "expert" to check and concluded is the fault of the owner above. Just curios normally how much is the fare to issue a legal letter of demand? And what if they ignore the legal letter also?

I am in the midst of purchasing a property which is under DIBS. The problem I have I have looked through the entire documentation, I could not find anything explicit about the developer is offering the DIBS scheme and also there is nothing explicit which states that I will enjoy the DIBS scheme, so I am delaying the execution of SPA and loan because of that.

I need a lawyer advise here because I am quite nervious about a developer playing obscure with such important offering to buyers, which leaves room for the developer to escape.

Appreciate comments.

Dear dario,The snenario is like this, I made a purchase of a semi d from developer completed but still pending with cf, according to the developer sales manager, he has given me only interest form to sign. ( not booking form). He said booking form not available, let alone s& p.

Now i have pay the booking fee (in the form of post dated cheque) , & waiting to get the loan from the bank.
Im in hurry to settle all these legal document b4 i will go outstation for a number of months.Here is my enquiry,

Property ownership: me & wife
Loan: me only

Myself would not be available. And couldn't wait til sap & loan agreement ready.

1. Is the client must sign all legal documents in front of lawyer and 2 witness?

2. Can wife sign on behalf? Or can I assign her as official assignee?

3. Can client nomite an authorised person to sign on behalf?

4. Can client sign all legal document in advance? By means of a legal attachment or appendix?4. Or any other suggestion & advise?

Thanks for the reply Dario.

The SPA lawyer, I don't know if it is considered my SPA lawyer, is paid by the developer ( it's a developer paid SPA legal fees scheme). The SPA lawyer is totally mute on DIBS - they consider it not their duty to enter into this matter. Based on my past experience of buying other DIBS properties, both the SPA document and loan document will not mention DIBS but at least for those cases, the developers issue a separate letter stating very clearly that I am entitled the DIBS scheme and that letter is signed by the developer and the buyer.

But for this project, the only document is only the so-called booking form. And the form, is not issued by developer, it is not signed by developer, and it's mentioning DIBS in negative logic.

What do I do next ? can I request for the double payment ? or can I sue ?

Is there a location where I can chck for status of house ? bumi or non bumi ?

Thanks =)

Dear Dario Foo,

I`m selling a house which i already received RM5k deposit from buyer.

Purchase & selling Laywer are the same ppl as he has all my documents, my buyer going to pay another 50k upon signing S&P and he already got bank loan approval.

My lawyer told me that he will hold the 50K deposit until everythings is settle which means is about 3 months. is it common? i tot once the buyer pay me the deposit and its directly pay to my acct?

Appreciate your reply on the above.

Thank you very much !

Dear Dario,

I regret for not reading your posts before.
Last week I paid 3% earnest deposit for a subsale double story house. Paid to the vendor's lawyer and the clause says exactly: EARNEST DEPOSIT SHALL BE FULLY REFUNDED TO THE PURCHASER IN THE EVENT THAT THE LOAN IS NOT APPROVE PROVIDED THAT THE PURCHASER PROVIDE AN EVIDENCE FOR THE SAID MATTER FAILING WHICH THE EARNEST DEPOSIT SHALL BE FORFEITED BY THE VENDOR. 

2 days later I happily went to 6 banks with complete set of docs.
All of them did valuation check the same day and told me selling price approximately 80-100K more thn market value. I said in that case I won't be able to buy the property as I'm a first time house buyer and I need 90% loan. I have strong credit record and good salary. But they are saying it's not due to my profile but to the property value where it can only be financed up to 70-80% of the selling price. I asked for loan rejection letter to reclaim my deposit all the banks refusing me to give the rejection letter cause they did not process my application at the first place. I feel trapped systematically.

I already lose my sleep past few days due to this issue. If I agree with the bank to continue with a lower amount (80-90% amount) and bring the letter offer to show their lawyer that I didn't get 90% loan I afraid very much my earnest deposit 'll be forfeited as in this case the loan might be defined as approved.

I have 14 working days from 2/10/12 to sign the S&P or show the rejection letter. My hard earned savings on the line.

Plz help me. May God bless you.

I would like to ask for the 50% of stamp duty rebate. I have purchase a house from developer around rm470K on AUg 2011. SNP is free since it pay by developer.

1. Did i entitle to get any stamp duty rebate for MOT as my purchase price is more than 400K.
2. Did i entitle to get any stamp duty rebate for loan agreement?

Thanks for the reply Dario =)

however what happens if the lot is a bumi lot ? wouldnt it still be a mistake from the agent ? can I take action ? or do I just reclaim the deposit ?

please do advice me Dario, Thanks =)

Hi Dario, last weekend I've go seen the condo & hv provided the 3% to the sales agent& got the copy of the confirmation( confirmation do not hv owner signatures yet). But today I got call from my sales agent today mentioned the owner want higher price & hv appointed another sales agent.. Can I argue & asks lawyer to sue the owner for this? As he has wanted to sales at that price earlier where i got the advertisement owner selling at that price before.. Seeking your advise here... Thanks in advance...

Dear Dario,

I have recently sold an apartment (>10 years old) which is fully settled. In order to speed things up, I opted to use seller's lawyer. Today lawyer called up saying that there was a spelling mistake on my name during the submission for the title search. He billed me RM300 + 6% service tax. Am I supposed to bear for this cost?

The lawyer also charged me the following items.
Disbursements:
1) RM42 for Affirmation and stamping on statutory declaration
2) RM50 for Travelling, courier, printing etc
3) RM50 for Miscellaneous

Which of the above ought not be charged?
Many thanks.

Hi Dario,

Would like to ask on Lawyer for Bank Loan.

1.Can I request the mortgage advisor to show me the list of the bank's panel lawyers so that I can pick, since I'm the one who's going to pay for the legal fee.

2. Is it true that mortgage advisors are prohibited from disclosing their list of panel lawyers to customers (me)?

3. Last thing is, if I end up with a dispute with this one mortgage advisor, can I engage another morgage advisor from the same bank?

4. To add a little on the last question, it's because I've submitted all the necessary documents to this mortgage advisor but the loan isn't processed yet as it's pending the S&P.
If I decide to engage another mortgage advisor from the same bank, will it be a problem?

Thanks again!

hi Dario , i have 1 property under my name and now i jointly purchase with my wife .

its our 1st property .

the lawyer told me we are not entitled for 50% stamp duty rebate , unless the property is under wife name only...

is that true ... Thanks

1. According to the lawyer, the officer at land office keyed in wrongly, resulted in spelling mistake during title search. Meaning that, it was not correctly done. Hence it need to re-submit and search again. And a "rectification land search of RM300 is charged". He even challenged that "if you want to save, you can also do it yourself". I was dumbfounded. In the first place, I didnt ask for any title to be searched. And then suddenly this mistake popped up and I'm supposed to pay for it? Come on...
Earlier I had told the lawyer that I will be filling the CKHT myself. Maybe because of that, he tried to find ways to charge me (for the supposedly RM300 on CKHT filling)

2. For the disbursements on SD, I was informed that it is to check whether I am a bankruptcy or not, as "required by the bank". The charges is RM4 for "affirmation" and RM10 for "stamping" (this 2 add up = RM14). 3 copies, so total is RM42. I was flabbergasted. Why charge me when this is required by bank??

3. Even for disbursements item #2 and #3 are debatable. Since I'm using the same lawyer (whereby can save on travelling & courier cost) and will be signing on the same set of documents (save on printing), why double charge (both buyer and seller)? And I would guess the "miscellaneous" fee is also being imposed to the buyer.

Appreciate if you can comment on the above. Thanks.

What about a non lawyer or the lawyer son or anybody who is not a lawyer go touting for case indirectly or directly over the internet? From my understanding, no wrong doing has been done. To be double sure better ask.

Hi Dario Foo,

Recently, I wanted to buy a sub sales leasehold house with master title. I had checked with the developer and they told me that they had break the house master title but the seller had not yet transfer the house to individual title. Also the seller seem to have lost his S&P and all related document.

So my question is can they get another copy of S&P and related document and how long will this take? If the owner without S&P and all related document can they sell his house with master title to me?

The seller agent advised me not to pay any booking fee first and ask me to wait for the seller to find or get his document but i had waited for 2 week and they still have not found it and I am getting impatient.

Appreciate if you can comment on the above. Thanks.

Hi Dario,

I really like your advise and I would like to seek your advise now. I have lost the Original stamped Facility Agreement, lucky thing the stamp duty has been endorsed on the Charge Documents and everything has been submitted for registration at the Land Office. Can I just make a CTC Facility Agreement attached with a Statutory Declaration without lodging a police report?

Dear dariofoo,

Need some advice from you on my predicament, as follows:

In May 2010 I signed a SPA to buy a studio apartment unit in JB priced at 96k. Since I could not obtain a decent amount of loan, I decided to pay cash i.e. pay according to the works progress over the 3 years construction period. Up to now (Oct '12), I've paid the developer approx 67k which represents 70% of the purchase price.

Suddenly, today I received a letter from my SPA lawyer that the developer's chargee bank has issued a redemption statement cum undertaking letter for the redemption sum of 85k. The letter also informed me that the redemption sum is payable from the earlier portions of my progress billings in accordance with the schedule of payments in the SPA.

My questions are:

1. What is the redemption sum for?
2. Shouldn't this redemption sum be settled between the developer to the chargee bank i.e. why should I be asked to pay? My obligations under the SPA are to the developer so any progress billings I pay to the developer, not the chargee bank.
3. Should I call the developer and tell them to settle the redemption sum to the chargee bank? What happens if the developer refuses to pay?
4. What happens if I do not pay this redemption sum to the chargee bank?

Really appreciate your advice on what I should do now. Thanks a million.

Dear Dario,

I own a condo unit and have rented it to a family (parents and 1 baby). For the past few months, the occupants above my condo unit make noise at night on a daily basis, disturbing my tenants and causing them to lose sleep. According to my tenants, the noise is made by 2 small children.

I have alerted the management office and I was given the night shift security head number. Whenever my tenants complain to me, I will call the security head and ask him to send someone to the unit above.

This has been going on for a few months. What can I do to help my tenants? Any legal actions I can take? Thanks.

Regards,
Mcray

Dear Dario

With the proposed changes on RPGT in Budget 2013, please advise any impact on lease hold property (2 storey terrace house)to be disposed before 1 Jan 2013, considering property has been acquired approximately 4.5 years ago ( previous SPA dated Aug 2008).

If the disposal date is defined as the date when State consent has been obtained (instead of disposal SPA date), RPGT incurred would be 10% instead of 5%?

Thanks

Tony