If the mortgage consultant does not want to get it for you, ask his manager, then his manager, and so forth up the ladder.

Did your SPA lawyer do a title search before signing the SPA? If so, this encumbrance would be stated in the search and the lawyer ought to have obtained that letter of disclaimer from the end-financier on your behalf.

Unless of course like you said - the loan was procured after the SPA , but that is highly unlikely. End-financing is always prior to SPA. After SPA and when funds start to roll in, it is redundant to obtain end-financing. My opinion, of course.

Anyway, just get a letter from the end-financier that whatever you have paid to the developer has been received by them or a letter by the developer to that effect. Secure your position with regard to payment made.

1. Of course it can go through. The lawyer cannot charge you for something which he does not do any work for!

2. How can he change it if it has been signed, initialled on every page and if you have a copy of it? Just be extra vigilant, that's all.

3. SPA signed? If so, then there is little point to bring in a lawyer at such a late stage, bearing in mind also that there is no redemption involved and that you are doing the CKHT yourself.

Just be extra careful and vigilant. If you are smart, the lawyer would not dare to mess around with you.

You got that from an ACCA write up, right?

Let's take a look at the RPGT Act 1976. The definition of dispose:
“dispose” means, subject to subsection (4), sell, convey, transfer,
assign, settle or alienate whether by agreement or by force of law.

Looking at a strict interpretation , it would mean that disposal is by way of an agreement. As such, I would argue that date of disposal is the date of the agreement.

Yes, there is no doubt that in a transaction of a leasehold property where consent is required, it is a conditional contract. However, I am not of the opinion that date of disposal should be extended to date of consent.

I have two reasons for the said view:

1. Every agreement is conditional up to the very end, i.e. success of registration of the Memorandum of Transfer or perfection of the Deed of Assignment. If the MOT cannot be registered or the DOA cannot be perfected, then the entire agreement is terminated and parties are restored to their original position. Assuming that the argument for the date of disposal ought to be the date consent is given, one might as well go on and say that it is further conditional upon successful registration of the MOT or perfection of the DOA. After all, if consent is given, and yet at the end, transfer/assignment cannot be done - would the transaction still fail and the agreement terminated?

2. For purposes of RPGT, 2% is payable to the Director General of the IRD within 30 days from the date of disposal (date of SPA) being advance remittance of RPGT payable - if disposal is less than 5 years and if no exemption has been applied for.

However, LHDN does not define date of disposal as date consent is given. It looks at date of disposal as date of SPA, i.e. 30 days from date of SPA.

Couple this with the fact that for leasehold properties which require consent, there is a very very very little chance for consent to be given within 30 days from the date of the SPA. However, the 2% must still be paid. As such, LHDN is indifferent as to whether consent is ultimately allowed or otherwise. The 2% must still be remitted.

From my personal experience, date of disposal has always been date of SPA. For 100% confirmation, you can call LHDN customer service and enquire therein.

Police might knock on the door once and give a polite reminder but I doubt if it will work. Legal LOD seems like the last resort and there is a legal cause of action for nuisance. There would be merits in this case to even get an injunction. However, one has to bear in mind the legal costs involved. Is it worth the hassle and who is going to bear the costs?

2-3 months is quite average. If you want faster there are some folks who claim to know people inside who can 'expedite' things but such things are illegal (as it is akin to corruption) and there is no guarantee of success.

For litigation, fees are subjective. Best to approach a lawyer and get a quote.

No it won't

I've answered your earlier post on the same question.

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Added on October 14, 2012, 5:10 pmBack online. Accidently closed it yst. Thanks to cherroy for reopening d thread

This post has been edited by dariofoo: Oct 14 2012, 05:10 PM

You can't do that. It is illegal. Vacant possession has not even been handed to you yet. How can you go in and throw away his things?


Let me elaborate. Once title has been transferred in your favour, you are already the legal registered owner. The final step would be when you collect the keys - also known as surrender of vacant possession. The vendor does not have the right to cancel the transaction at this point.

3. How long it would take would depend on the efficiency of the Courts, your lawyer and also whether the vendor contests it or otherwise. It is not your SPA lawyer's duty to ensure that keys are handed to you. His duty would be to send over a letter to the vendor informing him of the particular clause in relation to surrender of VP in your SPA and demand that he complies with it. If you want to take legal action to enforce the clause then you would need to instruct him accordingly (with a separate set of fees) or appoint another lawyer, if this one does not do litigation.

4. How to prove? The other party would deny whatever is adverse to him.

5. Failure to initial every page does not nullify the agreement.

6. Send in a legal letter of demand. Also demand for late penalty interest. Balance purchase price disbursed according to SPA, right?

I meant penalty to be paid by the vendor to you. Are you sure what the lawyer is done is correct according to the SPA? Normally the monies will be paid to the vendor and within xx days, the vendor must hand over the keys to you, failing which the vendor has to pay late penalty interest to you.

Anyway, check what is provided for in your SPA.

Any lawyer would do. Yes, the next step is to compel the vendor to hand over VP via an application for SP. Of course, late penalty interest would continue on daily rest until he does so.

Of course you would need a proper invoice with the breakdown before you appoint them. Insist on it. If they still refuse, then it is unethical of them and you should appoint another law firm.

90 normal days.

The interpretation clause which you have stated defines where the term 'working days' appears, and not 'days'.

You should ask that to your lawyer, as he is the one who is preparing it .

When you returned the keys to him, did you get him to sign an acknowledgement? If yes, then you can prove that you surrendered VP back to him after xxx days, so you can claim back the pro-rated rental paid. If diplomacy fails, then you have to appoint a lawyer to send out a letter of demand. If that fails, then you can go to Court and file a Small Claims Suit against the landlord and get it heard before a Magistrate.

Yes. Unless you want to file in your CKHT yourself.

Please refer to the various samples in v1 of this thread. Link is at page 1.

First time ever I saw a lawyer bill for 'email charges'

Yesterday was the 2nd birthday of Lawyer's Corner. V1 kicked off on 17 Oct 2010.

Let's have some cake

Whether you really need a lawyer or not - the pros and cons are stated in a discussion at the early pages of this thread. Feel free to browse.

Legal fees according to scale as per the SRO at the first page. Or you can use the calculator. Add in around RM300-RM400 for disbursements.

This post has been edited by dariofoo: Oct 22 2012, 12:37 PM