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

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TSdariofoo
post Oct 22 2012, 12:37 PM

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QUOTE(me_1980s @ Oct 18 2012, 10:20 AM)
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TSdariofoo
post Oct 22 2012, 12:38 PM

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QUOTE(wongmunkeong @ Oct 19 2012, 01:50 PM)
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Thanks Dario, for helping us out & leading the "legal-ese blind" (like moi)
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TSdariofoo
post Oct 22 2012, 12:38 PM

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QUOTE(Alizzz @ Oct 20 2012, 02:28 PM)
Hi, i am running a project to renovate the Bangsar area bungalows. Somehow, i am urgently need to get the regulations of the renovaton. Can i know where can i get the information, best with the link to obtain online info.
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Go to DBKL directly and obtain it or speak to an officer. That would be the best.
TSdariofoo
post Oct 22 2012, 12:49 PM

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QUOTE(Lilling @ Oct 20 2012, 08:10 PM)
Hi Dario,
I had paid a deposit of RM2k and te developer issued me a receipt written Pt 1st 10% on PTD112xxx.
While mot of the bank rejected my loan and only 1 bank approved on 90% of selling price, I had decided not to purchase the property after looking at my high commitment.
And now after 3 mths of my 2k deposit, the developer sent me a letter asking me for the progress billing of RM40k. The thing is I had not signed on any LO and SPA yet!
Can the developer asking the progress payment fr me even though I had not signed on any SPA and LO yet?!

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After you decided not to proceed, did you inform the developer? Or you just kept quiet?

If you did not sign an SPA, they can't demand the progressive payment from you. It sounds very odd for them to do so.

QUOTE(Lilling @ Oct 20 2012, 08:10 PM)
Can I write it to complain as I feel it is an offense as per the letter they sent to me stated after u had signed the SPA on July 2012?
Is that possible to get my deposit of 2k refund by quoting HDA ACT?
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Yes you can complain but you can first write to the developer and state what the current facts are. Ask them to furnish proof of the signed SPA (if any). Yes you can claim your deposit back but some admin fees would be deducted from it.
TSdariofoo
post Oct 22 2012, 05:49 PM

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QUOTE(superamd @ Oct 22 2012, 02:34 PM)
Hi to all the sifus out there,

Need some advice for the following scenario

1 year back I bought a house with my girl friend, and currently she has decided to transfer her portion of share to me. One thing for sure is I will be required to apply for a new loan for taking up her portion. Just wondering what other cost & procedures that I should consider for the transfer at no gain no loss.

1. Do I still need pay the stamp duty?  As this is a mere transfer of the name to me, if yes would it be 100% / 50% (her share) of the market value / transacted value?
2. We are not legally married yet, would this complicate the matter?
3. RPGT, I assume it’s not required since this is her 1st disposal.  Or it will be totally exempted since it’s a transfer of name within the same property owner.
4. Legal fees would be required for the loan & transfer of name ?
5. What is the penalty like for refinancing of loan ? or for the fact that I am staying with the same bank I could be exempted.

Thanks in advance for the advice  smile.gif
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1. Yes you have to pay, and it will be 1/2 of the market value as it is a transfer of 1/2 share only. Exemption for love and affection applies to husb-wife/parent-child only.
2. No. It will be like a usual transfer between 2 individuals.
3. Of course required to declare. But if she is transferring out of love and affection (with no consideration changing hands), then her gain is nil. But she would still have to declare the disposal.
4. Yes.
5. You would need to check with your current bank as to what the penalty is. If you refinance with the same back you can ask for a reduction/waiver but it depends on the bank whether to grant it.

This post has been edited by dariofoo: Oct 22 2012, 05:50 PM
TSdariofoo
post Oct 23 2012, 10:51 AM

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QUOTE(Lilling @ Oct 23 2012, 09:36 AM)
i found this on hba.org.my
Q: Cancellation of booking and seeking refund of fees paid.

A: The Housing Regulations for buying off-plan from housing developers do not allow for 'booking' fees, so potential buyers should be aware of this and only get your 10% down payment ready when you are sure of purchasing. There is no cooling-off period unless it is in writing. A booking fee is an offer to purchase. Many buyers do not realise that a signed offer to purchase is legally binding once the seller has accepted the offer.
does it mean i had to pay the rest of the fees/purchase price/progressive payment even though i had not signed on SPA & LO yet??????????????
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No, it does not state that. The HDA does not allow for collection of booking fees. That's what the QnA states.

You did not even answer my earlier questions for me to understand the context better. If you merely want to rant I would suggest that you do so in your own thread.
TSdariofoo
post Oct 23 2012, 10:55 AM

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QUOTE(superamd @ Oct 22 2012, 11:16 PM)
Thanks dariofoo, perhaps i shall start to talk to the bank officer.
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Yes, you should do so ASAP. Good luck. icon_rolleyes.gif
TSdariofoo
post Oct 23 2012, 02:25 PM

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QUOTE(laptopdoctortom @ Oct 23 2012, 01:25 PM)
hi
i have a problem and like to ask some advice
i signed a spa for a  shop/office
spa start from 5th sept , its 3 + 1 months
took longer than expected to get a loan
if i get a loan by end of october, it will take another
3 months for disbursement ?
so i am thinking
can i pay from my own funds first
then loan disbursed money pass back to me later ?
anyone done this before ? legal aspects ?
or should i pay and then do a refinancing
all advice appreciated
regards
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Can be done and has been done before. Especially for redemption of vendor's loan. Sometimes the loan sum is only 70-80% and the outstanding balance on the vendor's loan can be covered via the differential sum of 20%. So the purc will advance the diff sum to be used to redeem the vendor's loan and to obtain the original documents. Once the purc's loan docs are ready, executed and thereafter stamped, the bank can be advised at one go to release the whole loan sum to the lawyer who would be the stakeholder. The monies would then be disbursed accordingly.

QUOTE(laptopdoctortom @ Oct 23 2012, 01:25 PM)
if i get a loan by end of october, it will take another
3 months for disbursement ?
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It depends on a lot of factors - efficiency of lawyers, the bank officers, land office, LHDN, vendor's existing bank, and also depends on whether the original docs are kept in order. Depends also on whether the SPA lawyer is also the loan lawyer, and if the vendor too has a lawyer.
TSdariofoo
post Oct 23 2012, 05:43 PM

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QUOTE(xbotzz @ Oct 23 2012, 04:53 PM)
I also tried to look for a third lawyer from my friend's recommendation and he recommended the same firm as the second quote. I am starting to feel I am too choosy and fussy. If it is not too much to ask, what would be a reasonable value for legal fees for this kind of transaction. If it is slightly higher then the norm, i would not mind, as long I do not get really chopped.  sad.gif
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The full scaled fees would be RM4300.00. 50% of it would be RM2150.00. Reasonable is , as I've told you, different from one person to another, but if you want my opinion, perhaps RM2k would be a fair sum.

Having said so, have you checked with your financier if they allow a transfer subject to charge? The existing charge would block any transfers upon the title. As such, consent of the chargee would be needed. Have you checked with them if that can be done, or if they insist on a complete refinance?

A transfer subject to charge is easy but a refinance is a whole different deal altogether.

I do now know why the lawyer charged RM600 for redemption. Perhaps they are of the opinion that a refinance would take place. In any event, a proper breakdown of such fees ought to be stated.
TSdariofoo
post Oct 24 2012, 10:48 AM

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QUOTE(hoks @ Oct 23 2012, 10:34 PM)
Hi all, need your help on whether the lawyer had overcharge me, what I feel the fee is rather expensive compare with some examples that I had view here before.

Although I had view quite a number of example, but being a first property buyer, looking at all the fees it truly make me blur, so truly need your professional advice on the below breakdown of the fee.
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If you have compared and if it is expensive, then it probably is. Get another quote. I cannot see how scrutinising and commenting on the charges would change anything. It's not like the lawyer would reduce it for you, right? If you're not happy, go get another quote. The many samples in v1 have guided you accordingly and you can use it as a guide again for the next quote.


QUOTE(hoks @ Oct 23 2012, 10:34 PM)
I dunno why the quotation of purchase price is 180K (my purchase price is 185K) and the loan amount is 169K (while bank offer letter i sign for 162K only). Can somebody help me on this? Thanks!
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Perhaps it's an error. Just check again with the lawyer and bring it to his attention.
TSdariofoo
post Oct 24 2012, 11:10 AM

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QUOTE(Lilling @ Oct 24 2012, 09:40 AM)
I am seriously sorry and sincerely apologize that i forgot to reply your question. i did informed the sales verbally on not to proceed on the purchase and request for refund and i just send out a letter for the cancellation and refund yesterday.
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I was waiting for an answer if you had issued a letter or otherwise.

If you had stated you haven't, then I'll advise that in your letter you should ask them to furnish evidence of a executed SPA to justify them asking for you to make progressive payment. Something along those lines. But it's ok. Just wait and see what they say. For all you know it could be an admin mistake on their side. Failed to follow up with you with the SPA and assumed that you had executed it and hence the demand for progressive payment.



TSdariofoo
post Oct 24 2012, 01:30 PM

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QUOTE(BDA @ Oct 24 2012, 12:37 PM)
Hi. In a tenancy agreement, one of the clauses states that:

"There shall be no break prior to the expiry of the tenancy."

What does this mean? Does it mean that for example, if the tenancy agreement is for 2 years, the tenant cannot then decide to rent only for 1 year and leave the house?

Or have I completely misunderstood the clause?
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Haven't seen such clause before. The word 'break' can be interpreted the following ways:

1. Break in the sense of taking a break - eg you want to balik kampung for 2 months and you give notice to the landlord that you want to 'take a break' from the tenancy for 2 months.

Sounds illogical and silly, but it is a matter of interpretation. sweat.gif

2. Break in the sense of termination, so break would mean 'break the agreement' (in very layman-ish terms) - you can't terminate it before the end of 2 years.

I'm guessing that it would most likely be interpretation no.2.

Have you signed it? If not yet, then get clarification. icon_rolleyes.gif
TSdariofoo
post Oct 24 2012, 01:45 PM

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QUOTE(BDA @ Oct 24 2012, 01:37 PM)
Hmm. I think the agreement is more on your definition stated in no.2.

So is such a clause allowed? The landlord can force the tenant to rent exactly 2 years even though later the tenant only wants to rent for 1 year? I want to stop the tenancy but 2 years haven't expired yet. The landlord now wants me to pay the rent for the whole of two years as per in the agreement. Can he do that?
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Yes he can. It is all about commitment. Landlord committed to renting it exclusively to you for 2 years. You had committed to renting it for 2 years, so you can't now turn around and say that you only want to rent it for one year. If it is in the agreement, then you have to pay damages. It would work the other way around as well.
TSdariofoo
post Oct 24 2012, 02:20 PM

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QUOTE(BDA @ Oct 24 2012, 01:52 PM)
So then I kena pay the rent for the whole of two years la? No defence for me?  cry.gif
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That was what you agreed. So you can't back out of it.

Alternatives:

1. Talk to landlord and explain your situation. Perhaps he can compromise by forfeiting one/two months' deposit as compensation; or
2. You get someone to come in and continue the rental from you. Either you can treat it as a sub-let whereby you collect rent from the sub-tenant and pay the landlord, or you treat it as a fresh tenancy whereby the landlord terminates your tenancy and enters into a new one with the new tenant. This is of coruse, subject to the agreement of the landlord.

That is as far as I can advise you. Good luck. icon_rolleyes.gif
TSdariofoo
post Oct 25 2012, 10:55 AM

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QUOTE(dexterhau @ Oct 23 2012, 10:01 PM)
Mr Dariofoo...

Recently I faced a problem. I received a Cukai Taksiran Letter with my address but not my name. Owe about RM187.80. Should I pay it?

I heard form my friend before that I need to change it to my name personally? How can I do that? I got no information from
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This is your property right? Basically it's in the previous owner's name?

Yes you have to pay it. It's just that the records in the municipal authority has not been updated yet. There would be a change of name form available at the authority. I think you have to walk in to fill it up and submit it.

QUOTE(dexterhau @ Oct 23 2012, 10:01 PM)
I already changed my TNB name. Water no need right since I stay in Condo and I pay to the management instead of Indah Water. Do I miss out anything?
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Water is from SYABAS and Indah Water is for sewerage which is different. Are you sure that your management fees include for sewerage? hmm.gif You might want to check with management on that.

Sorry for missing out on your question.
TSdariofoo
post Oct 25 2012, 11:11 AM

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QUOTE(hoks @ Oct 24 2012, 09:00 PM)
Can you advice base on my previous thread on the loan agreement part. According to my friend, the below item should be borne by seller or not usual type of charges to purchaser.
1. Cost of preparing memorandum of charge 200,
2. cost of drafting discharge of charge 300,
3. disbursement for stamp duty for discharge of charge 10,
4. Registration fee for discharge of charge 120.
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1 - borne by you as it the charge in relation to your loan
2 - borne by the seller.

Is the lawyer the seller's friend? hmm.gif



QUOTE(hoks @ Oct 24 2012, 09:00 PM)
And I find out that there are some items are repeated in SnP and loan agreement as I m using the same lawyer for both

1. Search fee RM160 (Is it that expensive in JB area?)
2. Transport, Telephone and Courier Charges
3. Miscellaneous & Postage

For Stamp duty on Sale and Purchase Agreement - RM50 (Should be RM40 right rclxub.gif )

Please advise on whether my lawyer friend giving the rite advise. Thanks in advanced Dario Sifu rclxm9.gif
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Item 1 - Search fees for Klang Valley is RM30/search. You need to check for the charges in JB.

Item 2 - RM80 x 2 = RM160 is quite reasonable. Just because you use the same lawyer for both does not mean it can be waived completely. It can be reduced. Like if it is RM200 each, it can be reduced to RM100 each. Yours is already quite low.

3. Misc is RM50 as of right per transaction. SRO allows for it. Download it at the first page of this thread.

SPA should be RM10 per doc. Perhaps your lawyer is preparing 5 sets? hmm.gif You would need to check with them directly.



TSdariofoo
post Oct 25 2012, 12:56 PM

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QUOTE(hoks @ Oct 25 2012, 11:26 AM)
1. So for item 2,3,4 are borne by seller right?
2. Anyway I can look for the standard charges for land search at JB?
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1. Yes, sorry. Intended to type 2,3 and 4 should be borne by seller. Discharge of charge is not your duty. It is the duty of the seller and as such, he should bear the charges.
2. Call Pejabat Tanah dan Galian JB. Google for the telephone number. They can immediately inform you. icon_rolleyes.gif

TSdariofoo
post Oct 25 2012, 01:03 PM

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QUOTE(hoks @ Oct 25 2012, 12:59 PM)
Hi Dario,

Thanks for you information, really help me save a lot, thanks!!! notworthy.gif

*
Ok cool. Be a smart consumer nod.gif icon_rolleyes.gif
TSdariofoo
post Oct 29 2012, 01:44 PM

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QUOTE(rjb123 @ Oct 26 2012, 01:56 AM)
Hi,

would appreciate your input on this - just helping a friend out.

Situation is : Friend rented a condo unit starting beginning of this month - rent/deposit etc. all paid on time, signed a 1 year tenancy agreement

Now not even a month into the lease, landlord wants the tenant to move out so one of the family members may use the unit instead.

Of course, she is not happy about this as a tenant!

I have read the tenancy agreement and there doesn't seem to be any clause for early termination from the landlord apart from if more than 7 days in arrears (which is not the case) or if the property is damaged beyond repair and the landlord is unwilling/unable to repair it (which of course, also isn't the case)

What rights does my friend have? In my opinion she should request for compensation equal to some months in rent + full refund of deposits?

What usually happens in this kind of case? Most cases are the other way around (ie. tenant wants to terminate early, and forfeits any deposits)

There is nothing in the contract unfortunately stating that the landlord is responsible to compensate if that makes a difference - I know in my own TA for where I stayed last time, it stated that landlord is responsible to compensate by how many moths remaining if the landlord terminates agreement early.

Would appreciate your input smile.gif
*
By right there ought to be a clause there for compensation for early termination of tenancy by either party. Normally, it would be for the remainder of the tenancy period. However, just because there is no such clause does not mean that your fren cannot sue for that amount.

The landlord has no right to chase her out. I would advise her to stand her ground and not move until the landlord makes a reasonable offer as compensation and refund the deposits. But to keep on paying rent as usual until the compensation has been paid.


Added on October 29, 2012, 1:45 pm
QUOTE(rjb123 @ Oct 26 2012, 01:56 AM)
Hi,

would appreciate your input on this - just helping a friend out.

Situation is : Friend rented a condo unit starting beginning of this month - rent/deposit etc. all paid on time, signed a 1 year tenancy agreement

Now not even a month into the lease, landlord wants the tenant to move out so one of the family members may use the unit instead.

Of course, she is not happy about this as a tenant!

I have read the tenancy agreement and there doesn't seem to be any clause for early termination from the landlord apart from if more than 7 days in arrears (which is not the case) or if the property is damaged beyond repair and the landlord is unwilling/unable to repair it (which of course, also isn't the case)

What rights does my friend have? In my opinion she should request for compensation equal to some months in rent + full refund of deposits?

What usually happens in this kind of case? Most cases are the other way around (ie. tenant wants to terminate early, and forfeits any deposits)

There is nothing in the contract unfortunately stating that the landlord is responsible to compensate if that makes a difference - I know in my own TA for where I stayed last time, it stated that landlord is responsible to compensate by how many moths remaining if the landlord terminates agreement early.

Would appreciate your input smile.gif
*
By right there ought to be a clause there for compensation for early termination of tenancy by either party. Normally, it would be for the remainder of the tenancy period. However, just because there is no such clause does not mean that your fren cannot sue for that amount.

The landlord has no right to chase her out. I would advise her to stand her ground and not move until the landlord makes a reasonable offer as compensation and refund the deposits. But to keep on paying rent as usual until the compensation has been paid.

This post has been edited by dariofoo: Oct 29 2012, 01:45 PM
TSdariofoo
post Oct 29 2012, 01:47 PM

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QUOTE(beauwlf @ Oct 26 2012, 02:43 PM)

Q1)So do the other 2 vendor need to submit CKHT also ?
Q2)S&P not signed yet, so i should collect the 10% right after the S&P signing right ?. Because they are telling me that they will bank in after the S&P signing.
Q3) the fees are estimates only as a disclaimer in their email. So i can ask them to give a formal quotation before the S&P right ? I just wanna avoid paying the extra unnecessary & unknown fees.
Thank you for your time and reply,
*
1. Yes, all have to fill up their own forms and submit.
2. Do not agree to any deposit to be paid after signing the SPA. Once the purchaser signs the SPA, he has to hand it over to the vendor together with the cheque for the deposit. Only then dose the vendor sign the SPA. Why can't they pay at the same time?? Sounds fishy to me.
3. Yes you can ask for a formal quote.


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