as long as the property still under master title, and pending issuance of strata title, then nobody can lodge a private caveat on the such property, is that true?

Mr Darifoo, thanks... So I only need to change name for both Indah Water and Cukai Taksiran right? Still got others that I might miss out?

Dear Dario

I'm engaged a bank ocbc al-amin to buy a property.
It is a completed property. Loan amount 799,200

Knowing that loan facility agreement fees frOm the lawyer firm breakdown as follow.

(a) Legal fees: 6044
(b) Service tax@6% :362.66
© Est Disbursement fee: 2500

Here is my question. What makes the lawyer charge so much on ©? Can the client ask for discount on ©?

1. Could you let me know the general process that happens to discharge the deed of receipt and reassignment? Based on my MINIMAL understanding, the following occurs:

(a) Appoint a lawyer which will correspond with the local bank;
(b) Bank will forward the original documents (Power of Attorney, Deed of Receipt and Reassignment, Facilities Agreement) to this lawyer;
(c ) Lawyer will prepare the document to discharge this deed of receipt and reassignment which is to be signed by me (owner of the property). (not sure what document?);
(d) All these documents are to be furnished to the High Court for registration(?); and
(e) These original documents will then be given back to me for safekeeping.

Is this correct?

2. What are the usual fees charged for this and how long does this process usually take?

3. Is there anything I should take note or be concerned about? What are the documents that I should be signing (or more importantly, NOT sign...)?

4. Further, once the developer issues the individual strata-title later, is there a need to engage any lawyers on this matter? Or can I just go to the developer to take ownership of the strata title?

Thanks in advance and hope to hear from you. 

I'm a buyer in a sub-sale transaction. It is a double storey townhouse. The question is the project had completed for almost 10 years ago, but it's still under a master title. One of the banker told me that they can't proceed my loan with master title as the developer don't have any other on-going project. May I ask what is the consequences I should be aware if I were to buy this house?

Dear Dario, I ddnt know that such a thread existed. Not many lawyers do this kind of gestures.

Looking at the thread, i can see that this is totally about real estate, but can you point me to a forum whether LY or else, in which i can get some advice on battery. Or at least where can i get a sample of a complaint letter to a company about its employee who has caused injury to another.

Greatly appreciate your assistance.
fyi....the story, assault - what kind of action

Dear all,

Link to v1:
http://forum.lowyat.net/topic/1602849

Lawyer's Corner is a one-stop centre on all things legal. Pose your legal questions here and I'll endeavour to reply to you soonest possible with some advice. Questions on any topics are welcomed[SIZE=7] - procedure on sale and purchase of property, loan documentation, tenancy, etc. Any other queries on other aspects and areas of the law are also welcomed[SIZE=7].

I've received the invoice from the developer's lawyer for the housing loan agreement, there is one item "Company Search fee" amounted to RM50, is this really necessary?

And the lawyer also 'forgot' to apply the 50% waiver on stamp duty (and paid in full) even after I instructed them to do so.  So now they trying to get a refund from the Stamp Duty office. Question now is How long it normally takes for me to get the refund?

Thank you for the advise  Mr Dario,
So i should be extra careful, i should wait for the cheque to clear first before sign and return the SPA 

TIs the company search also applicable to non-corporate buyer? Or the search is actually done on the developer?

Is the company search also applicable to non-corporate buyer? Or the search is actually done on the developer?

hi mr dario, i've been told we actually can convert a leasehold geran to freehold. all it needs is roughly rm3k +- as lawyer fees. jus need clarifications. tq

Hi, I have a question regarding transferring property ownership from mother to child. Is it possible to get it done in the Pejabat Tanah? If its possible, how long does it usually takes?

My apologies if its the wrong forum to ask the above question..

Dear all,

I would like to seek for some advices regarding my housing loan.

The loan was approved in 2004 when the house was under construction. The VP was in 2006 but the individual title and thus MoT was not available at that time. Therefore there's still 2.5% of the loan not withdraw yet by the developer. I have written to the bank for early commencement of the instalment and this was approved, thus I have started to make the instalment from early 2007.

But till today the individual title is not ready yet. According to the loan agreement, the lock-in period of 5 years is calculated from the full drawdown. Therefore I guess that if I would to refinance the loan now, I will still have to pay the early settlement penalty right? Current interest rate is at BLR-0.15% 

From your experience, would it be possible to get the bank to waive the penalty cause I have been paying the prepayment for more than 5 years?

Also does it means that as long as I don't have the individual title yet, I cannot settle the loan without paying the early settlement penalty?

Thanks a lot.

Hi Dario,

I have some question regarding the subsale leasehold apartment at JB.

Let say the title had been issued to the developer but vendor did not apply for transfer. I heard from my banker there are 2 options available:

1. Developer transfer to vendor then transfer to me.
2. Developer direct transfer to me.

May i know for both case, how long will it take for the whole transaction to complete after signing SnP? Thanks!

Hi Dario,
Wanted to ask 6months ago brought a condo settle everthing. But last months receive a tm bill cost around rm3k+ outstanding is the previous owner name . Try to call the previous owner but he dint pick up my call. May i know do i need to pay?? cause the bill is not my name but the address is correct where im staying. thanks

Hi Dario, thanks for your reply, for option no.2, does it means that I can get my property at around 3 months time.
If there is any delay in title transfer (longer than 3 months), will I need to bare the penalty?

usually how long it takes for the bank to release the balance sum after the lawyer advised?

Hi Dario,

Thanks for the response.

Snapshot of the page as attached below. If it's true then do you think the bank will waive this if I go and negotiate with them?

Dear Dario,

Would like to get some legal advice from you...

I was issued a Notice of Late Payment for failure to pay the building maintenance fee & sinking fund by the Apartment Management. In fact the notice was pin up all over the notice board in the Apartment, displaying my unit no. It really caught me by surprise as I recalled I never failed to pay up my maintenance fee & sinking fund every month, in fact I kept all the official receipt whenever I made payment. When I confronted the apartment management, asking for explanation, they claimed that it was due to my cheque was refund from their records. It was a surprise to me as I never recalled any cheque was not cleared, I double confirm with the bank immediately and it was confirmed that the cheque have been cleared and money have been disbursed. But the apartment management was adamant saying the cheque was refund. I am sure that someone has cleared the cheque, as it is Account Payee only - no one else could have cleared the cheque. I am seriously considering to take legal action against the Apartment management for this incident, as my unit was put up on the notice board whilst I have never failed to do my payment, I have all the official receipts issued by them, my cheques to them was all cleared as per my record/statement confirmed by the Bank,in fact proven with cheque scanning image bank into receiving account - the notice is a damage to my reputation as it is stated that they will take legal action on my unit failing to do the payment.
Someone has clearly bank in the cheque and they insist the receiving bank said NO, and that's it?!

The management office did not give me any satisfactory answer but just said they did not receive my cheque and hung up.
I am extremely not happy with the response, whilst I had to do all my part to prove the cheque has been bank-in, and what they did was just said No.
Can I take legal action? Or issue any kind of action to prompt further investigation?
Thank you very much,

Hi Dario,

I have just got an update from the developer regarding the title. According to them, they have just made the payment to the surveyor for the processing of the individual title.

May I know is this a normal procedure to process the individual title? Also 'normally', how long will it take from this step until the individual title is issued?

Thanks

Hi, i need some advise regarding the Letter of Confirmation and Undertaking.

Recently, I had refinancing my property to other financier and appoint they panel lawyer to handle refinance transmission. Last week, the bank panel lawyer has write-in a letter to my existing legal firm to issuance a Letter of Undertaking to them.

Yesterday, I receive a email from bank panel lawyer asking me to forward amount of disbursement payment to the SPA solicitor for issuance a Letter of Undertaking.

Since, I had pay the final bill of legal fee pretaining to loan documentation to bank panel layer should be no more charge will require me to pay.

I need some advice who should pay the disbursement fee for Letter of Undertaking  to SPA solicitor me or bank panel lawyer.

thanks