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

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TSdariofoo
post Nov 5 2012, 10:58 PM

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QUOTE(Kwlai1986 @ Nov 3 2012, 01:39 AM)
Hi Dario,

I need some advise frm u.. As im going to purchase a factory soon (RM430k) but this is my first time, so there r few questions in my mind tat u might b able to help la..

1) it's there any differences of SPA legal fee calculation between houses n factory? As the agent told me to prepare at least 3% of d property price... But based on d calculator u provided in beginning of this thread, I myself come out a assumption price ard RM3600++ (inclusive 6% service tax).

2)the stamp duty is it ard RM7500++?

3) it's commercial property, so I only able to get 80% loan, but heard some of my fren saying tat can actually get 90% loan if they change to dunno wat business loan, very confuse now, but agent told me it's impossible to get, is tat true? is there anyway tat I can get 90% loan? As I really tight in cash flow now...
*
1. No difference.

2. You might want to check this with bankers. Nothing legal about it which I can advise you with.
TSdariofoo
post Nov 5 2012, 10:59 PM

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QUOTE(sharont_ll @ Nov 3 2012, 07:17 AM)
i m buying a subsale property (condo) in kl. owner is from singapore.
just need some advice, should i add in caveat into the snp?
thks.
*
Is the property encumbered?
TSdariofoo
post Nov 5 2012, 11:00 PM

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QUOTE(Eng_Tat @ Nov 4 2012, 10:47 PM)
Dear dario, can you kindly review the charges for my legal for snp is ok? thanks alot. i am buying rm120k apt.
*
Please check with the samples in v1 of this thread.

TSdariofoo
post Nov 5 2012, 11:02 PM

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QUOTE(ossd @ Nov 5 2012, 05:43 PM)
Dear Sifus,

I recently sold off a property and in the process of filing in CKHT 1A by myself... have 4 of us so, lawyer is charging rm300 per form... so think will save the $$$ and DIY  rclxms.gif

i have got the forms filled in but when i went to LHDN to submit the officer told me i had to prepare the purchaser's 2A forms as well... but i believe thats already submitted by purchaser's lawyers..

officer said both forms 1A and 2A have to be submitted together otherwise the submission is deemed incomplete documents  rclxub.gif

thanks in advance...
*
You don't need to fill up the CKHT 2A. Just request an original copy of it from the purchaser's lawyer and file it on their behalf. LHDN has this rule whereby all CKHT forms must be filed at the branch of the vendor.
TSdariofoo
post Nov 5 2012, 11:06 PM

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QUOTE(tohff7 @ Nov 5 2012, 10:05 PM)
Dear sifus,

Just want to ask about a very rare case. Assume that a sub-sale transaction has completed up to stamp duty paid on transfer of title, but bank have yet to start to disburse the loan. What are the consequences if the buyer and seller mutually agreed to terminate the deal?

Is the stamp duty paid can claim back from the authority? And what about possible penalty from bank side? Any other things at I miss?
*
Stamp duty can be claimed back from LHDN. Bank cannot penalise you as loan is dependant on SPA. If SPA collapses the loan cannot stand. However, legal fees has to be paid. If terminated halfway, then half fees would be charged customarily. However, this is not a hard and fast rule and some firms may bill you in full. Unused disbursements must be refunded.


This post has been edited by dariofoo: Nov 5 2012, 11:06 PM
TSdariofoo
post Nov 6 2012, 06:41 PM

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QUOTE(Ms Sim @ Nov 6 2012, 10:06 AM)
hi,

wanted a clarification on the sell of my property, i heard that if i would like to get exemption for RPGT, the property should be less than RM350,000. Is it true?

Thank you.
*
No, that is for 50% remission on stamp duty upon MOT/DOA when purchasing a property.

Exemption for RPGT are for the following:

1. Transfer out of love and affection with no money changing hands;
2. Property owned for more than 5 years and above.
3. Application for one time exemption, giving to each individual.
TSdariofoo
post Nov 6 2012, 06:43 PM

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QUOTE(leechers @ Nov 6 2012, 11:29 AM)
Hi dario

I have a question and i think it is quite common but i just want to know how to go with it.

A friend of mine bought a property and still under construction. Just recently she received a letter claimed that she need to pay for late payment penalty. She took a loan which will pays to developer by stages completed.

So when she called developer, they said she need to pay since it is stated in the S&P. Any agreement with bank is between her and bank. When she called bank, they give excuse of incomplete documentation and they start fooling around pushing her here and there.

What i understand is that it is either bank or developer that should bear the cost not my friend. But how to deal with this problem? please advice. Thanks
*
It should be the bank, not the developer. The money is due and owing to the developer. How can the developer bear the late penalty interest payable to themselves? sweat.gif

Your friend should complain higher up and make more noise. Perhaps put in a letter of complaint. Do it fast.
TSdariofoo
post Nov 6 2012, 06:46 PM

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QUOTE(mimi1986 @ Nov 6 2012, 01:15 PM)
Hi again,

My housing loan included a sum of legal fee financed amounted to 6000+, the bank released the money of 6000+ to the developer's legal firm who handling my loan agreement. But, the actual invoice only amounted to 5000+, so the legal firm should have refunded me an amount of 900+. Unfortunately, the firm charged me an extra amount of 150 (not stated in the invoice) claimed that it's for their firm's income tax based on 25% and only offered me a refund of 800+. Is this a common practice in Malaysia legal firm?

Since when their clients r liable to pay for their own income tax? After some debate, the firm agreed to Refund the full 900+ overpayment to the bank, and then only i can get my refund from the bank.

Any idea how long for it to take to get the refund from the bank?

thanks alot.
*
Firstly, the only tax which you need to pay is 6% service tax. Of course you do not need to pay for the lawyer's personal income tax (bear in mind that a law firm is not a Sdn Bhd and is only a partnerhip/sole proprietor, so their tax is personal).

I don't understand what you mean by refund from the bank. I thought the money is with the lawyer? Ask them to deduct their fees and refund the rest to you. Why is the bank involved? The sum is financed into your loan anyway, so why would the bank want the money back? I think there is something seriously wrong here. You better put things in writing and serve a letter to the lawyer to place things on record.
TSdariofoo
post Nov 6 2012, 06:47 PM

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QUOTE(bubbobbed @ Nov 6 2012, 02:20 PM)
Mr Dario,

I have the same question as the above, but the problem is, what if the vendor goes bankrupt? What is the consequences I should bare?

Thank you.
*
What question are you referring to? You quoted an answer which I gave. What is your question exactly?
TSdariofoo
post Nov 6 2012, 07:01 PM

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QUOTE(sk2000 @ Nov 6 2012, 02:24 PM)
Dear dariofoo,

I had received vacant possession from developer but i also notice that they didn't install the water meter yet (Perhaps no CF obtain). So, can the developer giving vacant possession without obtaining CF?
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For now it is called a CCC and even a partial CCC. No more CF. Do check your SPA as to the extent of the supply of water which the dev must provide. Is it just a main leading up to your house,whereby you need to apply your own meter under your own account, or whether it is them who applies for it.
TSdariofoo
post Nov 7 2012, 10:13 PM

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QUOTE(zest168 @ Nov 7 2012, 02:21 PM)
HI all, may I ask how much roughly is the legal fees for Loan Agreement on a property of RM160K? Thank you.
*
Please use the calculator at the link at page 1
TSdariofoo
post Nov 7 2012, 10:15 PM

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QUOTE(locoroco2 @ Nov 7 2012, 02:32 PM)
Hi, my property is still under construction, the legal fee on SnP is absorbed by the developer. Question now is, do I still have to pay for any legal fee to the developer's panel lawyer when the MOT is ready for signage? what other legal fees i need to bear up to the point I received my key? So far I only paid the legal fees on loan agreement.

If the SnP n MOT is two separate deal, can I appoint another lawyer to follow up my case on MOT?

THanks in advance!
*
Legal fees are for loan and SPA only. There would be disbursements also.

If MOT is ready with the SPA, then there is no extra charge. If thr MOT is ready later, a different set of fees would be payable.

TSdariofoo
post Nov 7 2012, 10:16 PM

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QUOTE(rocklee88 @ Nov 7 2012, 04:53 PM)
Hi Dario,

Is it compulsory that in the S&P the purchaser's address must follow what is stated in the IC? What if we have changed our residential address but have not changed it in the IC? Can we use the current residential address in the S&P?

Thks
*
Yes you can use the current residential address.
TSdariofoo
post Nov 7 2012, 10:18 PM

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QUOTE(ycs @ Nov 7 2012, 05:13 PM)
Supposing I buy subsale condo with cash, should the outstanding sum be made payable to the Vendor or the Vendor's lawyer?

Is it safer for me to make cheque payable to Vendor and passed through each lawyer's hand?

My lawyer says its better to pay to the Vendor's lawyer who hold in trust until everything is settled
*
SPA not signed yet?

Usually for SPA with case buyer the sum would be deposited with the vendor's lawyer as stakeholder. It is never paid to the vendor before the transaction is complete.
TSdariofoo
post Nov 7 2012, 10:21 PM

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QUOTE(dottcomm @ Nov 7 2012, 05:36 PM)
Hi,

First time selling house here.
The buyer did not pay any earnest deposit yet because want to try apply loan first.
To apply loan she wants to have a copy of S&P (relevant pages only) and Title number.

Question: Is it safe to provide such documents to her? Hope to get some advice. Appreciate it.
*
Yes it is quite normal and should be ok. Just a photocopy. Make sure to put a deadline for the application, like 10 working days. If you leave it open then the purc will take his own sweet time to apply n follow up.
TSdariofoo
post Nov 7 2012, 10:23 PM

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QUOTE(KIT39 @ Nov 6 2012, 07:16 PM)
Hi Dariofoo

1st time buyer. Current in purchase of 2nd house units RM525k. I have few question to ask;

1) I have request the booking fee from the agent , in order that we can ensure/secure this purchase by paying the earnest deposits and the agent said vendor is asking their lawyer to draft. is this the way? do we need to wait? can the agent provide us the booking fee?

2) I requested the agent to put a clause that if my loan is rejected by the bank and I will have full return of my deposits from the vendor and my agent insist this is not the way and unfair to the vendor.

3) is it save to pay the 3 % earnest deposits to the vendor lawyer?

please advise and thanks is advance.
*
1. Booking fee? Or booking form? rclxub.gif

2. Agent is talking rubbish. Any clause can be inserted if both partie agree. If agent wants to be difficult then deal directly with the vendor or his lawyer.

3. Yes it is ok.
TSdariofoo
post Nov 9 2012, 10:33 AM

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QUOTE(shanelai @ Nov 7 2012, 10:53 PM)
Hi Dariofoo, I do have a serious doubt on bumi lot. I know this issue has been raised up by someone elsewhere in the forum but i can't really get a clear and definite answer to it and hope you can clarify for me.

Currently i found a high cost apartment nearby kayu ara area. It is a leasehold apartment  which strata title still yet to be released and currently is hold by the developer. The owner of the apartment is a 2nd owner bumi (1st owner is also a bumi) and i'm keen to buyover from him.

I do check with the agent and she told me that there is no issue with non-bumi purchase the unit and the project is a bumi quata type(assuming it is) and not bumi reserve lot and as long as the quota is hit (ussually 30%) then there is no issue for non-bumi to buy it.

How do we know if the quota is hit when i purchase? The test is donw during my purchase or when strata title is issue?

I heard some other told me that as long as it is bumi lot and next time if the strata title is out, it would have problem for me to register the title under non-bumi name unless i sold it off before the strata title is out.

I'm really confusing about it. Hope you can clarify it. Thanks a lot.
*
If the agent is so confident about her representations to you that, "there is no issue with non-bumi purchase the unit and the project is a bumi quata type(assuming it is) and not bumi reserve lot and as long as the quota is hit (ussually 30%) then there is no issue for non-bumi to buy it" then ask her to put it in writing and if later on - consent is not obtained, then the agent would reimburse you your legal fees paid to your SPA lawyer and all other costs.

You can get further details on bumi lot/quota from the developer. They would have a proper record and can advise you further on this.


TSdariofoo
post Nov 9 2012, 10:44 AM

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QUOTE(wannahaveitall @ Nov 7 2012, 11:45 PM)
as at 7/11/2012 - Dear Dario, i had previously consulted you regarding this matter, kindly advice.

As a result, the iron rod, fracture my friend's wrist and got his nose to bleed, as the iron had hit his nose too. A cut on the nose too. This was done by the security guard at his apartment.

My friend has already made a police report, but police...have done nothing about the report....how to go about this situation if, my friend want some kind of justice for the injury...tq

*
So your friend was charged ? For what offence?

Did you notice that your friend's report did not mention of any injury to his arm? He only mentioned his nose.

I'm sure the security guard would have his side of his story as well. It takes a lot for the guard to wield the rod and hit your friend. Perhaps there was a verbal argument and threats? Perhaps there is a bigger side of the story than what is stated in your friend's police report, which sounds too simplistic and may have omitted facts which were not in his favour.

Perhaps a reading of the guard's report would shed more light on this matter.



QUOTE(wannahaveitall @ Nov 7 2012, 11:45 PM)
Security was ready with money to pay bail.....while my friend was stuck and by the time bail was made...he was taken to lock up....

Now i und when i hear that Msia has no sense of justice
*
The procedure would be for bail to be offered and fixed by the Court, eg RM2000.00.

Did the penjamin attend Court and appear before the Magistrate?

It only takes not more than an hour or two to post bail. Once the sum has been fixed, the interpreter would give a form for the penjamin to fill up. Then it will be endorsed by the Court and the penjamin has to go to the bank to open a savings acc with no ATM and deposit the money in that acc.

Then, bring the bank book to the court, and once the court has confirmed with the bank, then the interpreter would instruct the bailiff to release the accused as bail has been posted. In the meantime, the accused would be kept in Court. If the Court is full, of course he has to be kept in the lock up. If by the end of the day, no bail is posted, he will be brought to Sg Buloh prison.

That is the procedure for EVERY case.

Did he appoint a lawyer to attend on his behalf? If he can organise a press conference to tell his story, surely he can afford a lawyer of his own to act for him. Fight the case and get it knocked out. Then file a civil suit. That's how it goes.

Good luck.

This post has been edited by dariofoo: Nov 9 2012, 10:45 AM
TSdariofoo
post Nov 9 2012, 10:49 AM

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QUOTE(Maylam @ Nov 8 2012, 01:49 AM)
Hi , I have a brand new house rented to a tenant since August this year. After the tenant move in, the tenant reported the house many defects, leaking, cracking, air cond pipe etc......  So I have informed the developer SSF to fix the defects, after fixed the old defects a new defects arise again, never end until now. The tenant very frustrated ask for reduction of rental for compensation. Can I claim this from developer?

After report the leaking defects, developer never take action in 1 month. Only do inspection , but no action taken. No matter how I complain , their staffs just playing the merry-go-round, wasting my time to repeat and repeat again.  What can I do, instead of waiting ? Can I repair the defects myself and claim from the developer?
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You cannot claim for reduction of rental from the developer, as that is your arrangement with the tenant.

I would suggest that you put your complaint in writing and cc it to the Ministry, Biro Pengaduan Awam, HBA, Commissioner of Buildings, and any other party to highlight this matter. If other owners are affected, gang up and do something together. Can even appoint a lawyer to send in a letter of demand.

You can do it on your own and then claim from the funds held by the dev lawyer as stakeholder during the Defect Liability Period but there is a procedure to do so which is not easy.
TSdariofoo
post Nov 9 2012, 10:51 AM

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QUOTE(bubbobbed @ Nov 8 2012, 08:49 AM)
Sorry for the confuse, I have some question regarding the subsale freehold townhouse at Malacca. The house is still under master title and let say the title had been issued to the developer.  I know there are 2 options available from previous post :

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

My question is what if the developer insist to follow option 1 but the vendor had went bankrupt. What is the consequences I should bare as the buyer? Thank you!
*
If vendor becomes bankrupt in the midst of the transaction, the whole agreement is terminated and you can claim for your deposit paid to be refunded. Whether you can claim or otherwise is another issue.

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