Hi dariofoo. I got a question to ask. Can a non-bumi purchase a bumi unit? What is the steps that need to take?
Lawyer's Corner v2, One-stop centre for any legal queries
Lawyer's Corner v2, One-stop centre for any legal queries
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Apr 23 2012, 10:48 PM
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Junior Member
60 posts Joined: Jan 2009 |
Hi dariofoo. I got a question to ask. Can a non-bumi purchase a bumi unit? What is the steps that need to take?
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Apr 24 2012, 10:50 AM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(bencsn @ Apr 23 2012, 01:12 PM) Yes the SPA is indeed similar to the sample attached. Also noted this is a common practice. If you look at Clause 19.2, there is something which states, "The amount determined shall be the amount sufficient for the actual maintenance and management of the common property". That means that the developer cannot overcharge. If you think that they subsequently did, feel free to file a suit for breach of contract against the developer. Check first if your SPA has that same clause. Anyhow, is there anyway as a purchaser to protect his/her right where the maintenance fees charged by completion are fair & just? Any clause in any other document covering this? Deed of mutual covenance? Appreciate your advise. thanks. |
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Apr 24 2012, 11:02 AM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(drcoolz @ Apr 23 2012, 10:48 PM) Hi dariofoo. I got a question to ask. Can a non-bumi purchase a bumi unit? What is the steps that need to take? Yes you can, subject to consent of the state authority.Check out this post and the replies by micheallee. That ought to answer your question. http://forum.lowyat.net/topic/2308948 |
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Apr 24 2012, 12:14 PM
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Senior Member
579 posts Joined: Oct 2011 |
Hell0 Dario Foo , i need to seek advice
My Neighbour Have Offend my Bungalow Land area. fyi HE is an INDIAN LAWYER . He is a VERY ARROGANT person . He thinks that he himself is a lawyer , So Everyone have to listen to him. Here goes the story. When he built his bungalow, He accidently offend my area because wrongly measure on the floor plan. So When i start to built my bungalow . I notice about it , but since it is not a big matter , so i just leave it But after that , When i start to make a Rear Extension (add roof etc) , This bloody lawyer MAKE A COMPLAINT towards MPS , and MPS gives me a saman and ask me to REMOVE all the roof extension. Start that day onwards , I decide to seek for a Lawyer and sue him to get back my Land ANY RECOMMENDATION Dariofoo ? |
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Apr 24 2012, 02:39 PM
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Junior Member
49 posts Joined: Jun 2011 |
Dear Dariofoo,
I'm planning to sell my condo with market price RM 280K. Would you able to advise how much do I need to pay to the lawyer to transfer the strata title to new owner? My unit already obtain the strata title in year 2011. Thank you |
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Apr 24 2012, 03:32 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(D902 @ Apr 24 2012, 02:39 PM) Dear Dariofoo, There's a link to a legal fees and stamp duty calculator at the first page. Check it out. I'm planning to sell my condo with market price RM 280K. Would you able to advise how much do I need to pay to the lawyer to transfer the strata title to new owner? My unit already obtain the strata title in year 2011. Thank you |
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Apr 24 2012, 03:36 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(Tommykeng @ Apr 24 2012, 12:14 PM) Hell0 Dario Foo , i need to seek advice Can you prove the trespass? Do you have the plans and does it correspond with the one with MPS? Or does his plan correspond with MPS' ? It all boils down to that, you know. My Neighbour Have Offend my Bungalow Land area. fyi HE is an INDIAN LAWYER . He is a VERY ARROGANT person . He thinks that he himself is a lawyer , So Everyone have to listen to him. Here goes the story. When he built his bungalow, He accidently offend my area because wrongly measure on the floor plan. So When i start to built my bungalow . I notice about it , but since it is not a big matter , so i just leave it But after that , When i start to make a Rear Extension (add roof etc) , This bloody lawyer MAKE A COMPLAINT towards MPS , and MPS gives me a saman and ask me to REMOVE all the roof extension. Start that day onwards , I decide to seek for a Lawyer and sue him to get back my Land ANY RECOMMENDATION Dariofoo ? No big deal if he's a lawyer. His arrogance would be his downfall, irregardless of his profession. |
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Apr 24 2012, 06:06 PM
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Senior Member
579 posts Joined: Oct 2011 |
QUOTE(dariofoo @ Apr 24 2012, 03:36 PM) Can you prove the trespass? Do you have the plans and does it correspond with the one with MPS? Or does his plan correspond with MPS' ? It all boils down to that, you know. Yup , i have all the Proof , include floor plan from my surveyor ~No big deal if he's a lawyer. His arrogance would be his downfall, irregardless of his profession. Do you think that , Majlis Perbandaran Selangor Able to take legal action towards them ? or Other government office ? Like LAND OFFICE Etc ? |
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Apr 25 2012, 12:28 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(Tommykeng @ Apr 24 2012, 06:06 PM) Yup , i have all the Proof , include floor plan from my surveyor ~ Why don't you complaint to them and see if they would issue him with a summons? But I am not 100% sure if they would because it trespassed into your private property so perhaps they might advise you to just take legal action on your own against your neighbour.Do you think that , Majlis Perbandaran Selangor Able to take legal action towards them ? or Other government office ? Like LAND OFFICE Etc ? |
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Apr 25 2012, 12:44 PM
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Senior Member
579 posts Joined: Oct 2011 |
QUOTE(dariofoo @ Apr 25 2012, 12:28 PM) Why don't you complaint to them and see if they would issue him with a summons? But I am not 100% sure if they would because it trespassed into your private property so perhaps they might advise you to just take legal action on your own against your neighbour. well u know . Government ppl all lazy and ULAR one ..sure they throw this matter to me lol Any lawyer can recommend to me ? tq |
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Apr 25 2012, 01:22 PM
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Junior Member
67 posts Joined: Oct 2007 |
QUOTE(Tommykeng @ Apr 25 2012, 01:44 PM) well u know . Government ppl all lazy and ULAR one .. dont said like that la bro...not all govern ppl are lazy. in fact, they just do their job only. u not only citizen of malaysia they have to look after. provide them with sufficient prove than they would act accordingly by the law. tak bagus la gaduh2 sama jiran bro. u will live with them till long enough. sure they throw this matter to me lol Any lawyer can recommend to me ? tq |
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Apr 25 2012, 04:00 PM
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Newbie
1 posts Joined: Apr 2012 |
Hi Dario Foo,
I need to trouble you for advice regarding my case: I have rented my apt to a UK citizen and she went back to UK after 8 months (without fulfilling the 1 year tenancy agreement). On top of that, she has not paid the rental for 2 months (she claimed that she was going to pay or has already paid the outstanding rental before she left through facebook msgs and h/p msgs but she lied). May I know what can l do in this case? I still kept her msgs as proof. Will going to a lawyer and issue her a letter asking her to pay the outstanding rental help since she's already back in UK (I have her address in the UK)? Thank you for your help. |
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Apr 25 2012, 04:31 PM
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Junior Member
6 posts Joined: Apr 2010 From: Tmn Sri Gombak, Selangor |
Greetings Dario and everyone else..
My apologies first as this question was initially posted in the forum topics. I've closed the thread there. I'd like to get some advice pertaining the position of being a middle man for the buying/selling of property in Malaysia. Of late I've been approached by some friends who wants me to assist them in getting buyers for some properties..most of them are high end properties..vast lands..etc If I'm not a registered real estate agent..or negotiator...would it be legal for me to attain the commission through the marked up price for this type of transaction? For the most part, the price of the properties have been marked up considerably by these folks and they have assured me the sharing of the commission should the deal materializes. I was told by some quarters that as long as both the buyer and seller agrees to the middle men's role in the transaction as just a 'property matchmaker' then there should be no issues. Is there any validity to this statement? Pls advice. Thank you. This post has been edited by megat_t: Apr 25 2012, 04:34 PM |
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Apr 25 2012, 10:34 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(Tommykeng @ Apr 25 2012, 12:44 PM) well u know . Government ppl all lazy and ULAR one .. You did not read the rules of this thread in the first page?sure they throw this matter to me lol Any lawyer can recommend to me ? tq Some simple and basic rules and regulations of this thread: 1. Please do not PM me for any legal advice, I do not give out any advice via PM. Please post your legal query at this thread so that everyone can benefit from an answer. 2. Please do not ask for any recommendations for law firms or lawyers here. 3. Please do not advertise, promote or solicit any legal services here. This is not a place for such matters. bruce.gif 4. Please do not ask any questions nor talk about discounts here. Discounts are illegal and prohibited by the Bar Council. Please open your own topic on the open forum and ask around there. |
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Apr 25 2012, 10:37 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(kicker123 @ Apr 25 2012, 04:00 PM) Hi Dario Foo, How much is the outstanding rental? Is it so much that it is worth chasing a defendant who is out of the jurisdiction of the Court? I doubt if any lawyer will even take up the case for you as there is a lot of work to do (applications need to be filed in Court for leave to issue summons out of jurisdiction). Unless the amount is really a lot. Even to enforce the judgment may cost a lot of money as arrangements need to be made to engage a solicitor in UK to register the court order and then enforce it.I need to trouble you for advice regarding my case: I have rented my apt to a UK citizen and she went back to UK after 8 months (without fulfilling the 1 year tenancy agreement). On top of that, she has not paid the rental for 2 months (she claimed that she was going to pay or has already paid the outstanding rental before she left through facebook msgs and h/p msgs but she lied). May I know what can l do in this case? I still kept her msgs as proof. Will going to a lawyer and issue her a letter asking her to pay the outstanding rental help since she's already back in UK (I have her address in the UK)? Thank you for your help. |
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Apr 25 2012, 10:42 PM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(megat_t @ Apr 25 2012, 04:31 PM) Greetings Dario and everyone else.. Basically you want to be a broker. Yes you can. But to protect your interest you must have black and white authorising the lawyer who is holding the funds to directly deduct and pay the commission to you before releasing the purchase price to the vendor (am assumiing that you collect commission from the vendor).My apologies first as this question was initially posted in the forum topics. I've closed the thread there. I'd like to get some advice pertaining the position of being a middle man for the buying/selling of property in Malaysia. Of late I've been approached by some friends who wants me to assist them in getting buyers for some properties..most of them are high end properties..vast lands..etc If I'm not a registered real estate agent..or negotiator...would it be legal for me to attain the commission through the marked up price for this type of transaction? For the most part, the price of the properties have been marked up considerably by these folks and they have assured me the sharing of the commission should the deal materializes. I was told by some quarters that as long as both the buyer and seller agrees to the middle men's role in the transaction as just a 'property matchmaker' then there should be no issues. Is there any validity to this statement? Pls advice. Thank you. The only thing which is prohibited is to collect any deposit or any monies whatsoever from the purchaser. A broker is not allowed to do that. |
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Apr 25 2012, 10:43 PM
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Senior Member
579 posts Joined: Oct 2011 |
QUOTE(dariofoo @ Apr 25 2012, 10:34 PM) You did not read the rules of this thread in the first page? i am so sorry to ask the wrong question @ the wrong sectionSome simple and basic rules and regulations of this thread: 1. Please do not PM me for any legal advice, I do not give out any advice via PM. Please post your legal query at this thread so that everyone can benefit from an answer. 2. Please do not ask for any recommendations for law firms or lawyers here. 3. Please do not advertise, promote or solicit any legal services here. This is not a place for such matters. bruce.gif 4. Please do not ask any questions nor talk about discounts here. Discounts are illegal and prohibited by the Bar Council. Please open your own topic on the open forum and ask around there. Can i ask, if i sue him , can i Claim him for monthly rental ? as he occupied my land for more than 10 yrs , in that case , i should be able to claim back some MONTHLY Rental fees for 10 YRS LOLZ is it the right prosedure ? |
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Apr 26 2012, 03:07 AM
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Junior Member
6 posts Joined: Apr 2010 From: Tmn Sri Gombak, Selangor |
QUOTE(dariofoo @ Apr 25 2012, 10:42 PM) Basically you want to be a broker. Yes you can. But to protect your interest you must have black and white authorising the lawyer who is holding the funds to directly deduct and pay the commission to you before releasing the purchase price to the vendor (am assumiing that you collect commission from the vendor). Thanks Dario for the feedback. Appreciate it.The only thing which is prohibited is to collect any deposit or any monies whatsoever from the purchaser. A broker is not allowed to do that. |
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Apr 26 2012, 10:49 AM
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Elite
2,795 posts Joined: Aug 2010 From: District 9 |
QUOTE(Tommykeng @ Apr 25 2012, 10:43 PM) i am so sorry to ask the wrong question @ the wrong section It does not work that way. Trespass per se is different. If there is an occupier or tenancy holding back, then calculation of damages is via rental. In this case, you need to prove your losses by virtue of the trespass. Otherwise, you can't claim damages at all. The party who sues must always prove his losses.Can i ask, if i sue him , can i Claim him for monthly rental ? as he occupied my land for more than 10 yrs , in that case , i should be able to claim back some MONTHLY Rental fees for 10 YRS LOLZ is it the right prosedure ? |
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Apr 26 2012, 11:58 AM
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Senior Member
579 posts Joined: Oct 2011 |
QUOTE(dariofoo @ Apr 26 2012, 10:49 AM) It does not work that way. Trespass per se is different. If there is an occupier or tenancy holding back, then calculation of damages is via rental. In this case, you need to prove your losses by virtue of the trespass. Otherwise, you can't claim damages at all. The party who sues must always prove his losses. coz he occupied my land without my authority. Hence the only way to get back my loss is Through rental charges..Now my land worth rm 60 per Square Feet . Do you think that i able to Rent him RM 30 per Square Feet ? |
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