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

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tiger3555
post Apr 27 2012, 07:57 PM

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QUOTE(dariofoo @ Apr 27 2012, 05:00 PM)
You need to check what the definition of Completion Date is.
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doh.gif just check completion date:"The date when the final balance purchase price together with any late payment interest (if any) is paid under clause shall be known as “the Completion Date”. doh.gif , dario,3 days VP already passed, my lawyer already talk to owner seem like he still argue with my lawyer regarding the LPI....any way to solve it?

This post has been edited by tiger3555: Apr 28 2012, 01:29 PM
akelvin
post Apr 27 2012, 11:21 PM

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QUOTE(dariofoo @ Apr 27 2012, 11:46 AM)
1. Owner can still sell it to another person and tell the same story right? That the title is with the developer and that the dev will transfer it to purchaser B.
2. That would depend on what is stated in the SPA. Check it.
3. I would advise you to do it.
4. Why so expensive? Legal fees for lodgment and removal is RM450.00. Lodgment fees ought to be RM300 while withdrawal ought to be RM70.00. Got a quote to back this up or did your lawyer just verbally inform you?

icon_rolleyes.gif
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I have the quotation:

1. If I'm the first one who engages with the developer, it should be okay, right? I already signed the SnP, he will sign next week and then my lawyer will proceed with the MOT.

2. Yes, it is stated under Vendor's default. 2X

3. I know it is meant to protect my interest. But, I just think that it is too expensive.

4. I got quotation, of course. It is as below.

For SnP,
Professional charge - RM350
Private caveat - RM380

For legal,
Professional charge - RM350
Private caveat - RM420

Total up RM1500.

thistle
post Apr 28 2012, 06:34 PM

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I need advice on responding to a threat of taking "legal action" against me made by a real estate agent on Facebook.

user posted image

The agent feels threatened by me because she claims I sabotaged her ad by stating the terms and conditions of what the tenancy contract entails. As a consumer, I have the right to help other consumers make a wise choice. You'll see that the offensive comment I wrote is exactly what she mentions about the tenancy contract.

The whole story is documented here and compares what she said vs. my side: http://dl.dropbox.com/u/23546828/penthouse/My%20side.docx
ahmadpintu
post Apr 29 2012, 09:17 PM

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Hi dariofoo,

I bought a house in 2010. the house should be handed over to me on March 2012, but progress is now only 60%. The s&p signed on march 2010. Currently did not paid anything to bank cause no progress claim from the developer.
Today i got a call from bank said that i need to top up additional rm1400 for the insurans. And if i not pay, they will not release the payment to the developer. This is their 1st claim.
Should i pay the additional amount? Can i claim to developer via tribunal later?

Tq
it.fusion
post Apr 30 2012, 01:28 PM

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dariofoo... its going to be 3 months since SPA had been signed... but till now my SPA lawyer are just telling that title are still pending from vendor's bank.. one more month and it would be 4th month...i already ask lawyer to push/chase the bank.. but till now no news....what will happen if the bank failed to deliver the title then? my bank are ready to pay.. but title still with vendor's bank...


Ninjitsu
post Apr 30 2012, 01:51 PM

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For it.fusion case, can his lawyer get a VP for him to move in pending delivery of title?

TSdariofoo
post May 2 2012, 10:35 AM

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QUOTE(Split^rOck @ Apr 27 2012, 05:10 PM)
Need some advice here. What if i paid the 2% deposit to a property agent and then only find out the following situations, am i still entitle for the refund of full amount or partial amount:

Case 1: Bank evaluated value is lower than what being told by the agent.
Case 2: Bank evaluated value is the same or higher than the purchase price. But i only got 80% loan instead of 90% loan as expected
*
You would have signed a Letter of Offer to Purchase. Check the terms and conditions there. icon_rolleyes.gif
TSdariofoo
post May 2 2012, 10:41 AM

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QUOTE(UFO-ET @ Apr 27 2012, 05:18 PM)
hI dariofoo, I think it is ok right? I have done a case before, I know I am obtaining LTV 70%, the 1st 30% was paid by me to the developer, I only get my loan approved after I settle the 2nd 10%, everything seems alright. Correct me if I am wrong
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Thanks for the info smile.gif
TSdariofoo
post May 2 2012, 10:47 AM

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QUOTE(tiger3555 @ Apr 27 2012, 07:57 PM)
doh.gif just check completion date:"The date when the final balance purchase price together with any late payment interest (if any) is paid under clause shall be known as “the Completion Date”.  doh.gif , dario,3 days VP already passed, my lawyer already talk to owner seem like he still argue with my lawyer regarding the LPI....any way to solve it?
*
No choice but to instruct your lawyer to issue a letter of demand to him to surrender VP to you.
TSdariofoo
post May 2 2012, 10:51 AM

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QUOTE(thistle @ Apr 28 2012, 06:34 PM)
I need advice on responding to a threat of taking "legal action" against me made by a real estate agent on Facebook.

*
It's an empty threat which is baseless and has no merit. It's an open forum and anyone is entitled to give opinions and information. Misrepresentation does not arise in this case. Neither does defamation as you have not defamed her in any way. I would not worry about it. icon_rolleyes.gif
nagflar
post May 2 2012, 10:53 AM

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hi all

i want to ask if i selling my house ( purchase less than 5 years ) will kena GOV tax ?

is that true ? if yes how many % GOV tax ?

thx


TSdariofoo
post May 2 2012, 11:01 AM

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QUOTE(ahmadpintu @ Apr 29 2012, 09:17 PM)
Hi dariofoo,

I bought a house in 2010. the house should be handed over to me on March 2012, but progress is now only 60%. The s&p signed on march 2010. Currently did not paid anything to bank cause no progress claim from the developer.
Today i got a call from bank said that i need to top up additional rm1400 for the insurans. And if i not pay, they will not release the payment to the developer. This is their 1st claim.
Should i pay the additional amount? Can i claim to developer via tribunal later?

Tq
*
This 'insurans' payment is between you and the bank. Nothing to do with developer. You can only claim agreed liquidated damages from the developer, the calculation of which will be in your SPA. You can't claim this payment from them. icon_rolleyes.gif
TSdariofoo
post May 2 2012, 11:11 AM

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QUOTE(it.fusion @ Apr 30 2012, 01:28 PM)
dariofoo... its going to be 3 months since SPA had been signed... but till now my SPA lawyer are just telling that title are still pending from vendor's bank.. one more month and it would be 4th month...i already ask lawyer to push/chase the bank.. but till now no news....what will happen if the bank failed to deliver the title then? my bank are ready to pay.. but title still with vendor's bank...
*
Completion date is extended in your favour.
TSdariofoo
post May 2 2012, 11:11 AM

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QUOTE(Ninjitsu @ Apr 30 2012, 01:51 PM)
For it.fusion case, can his lawyer get a VP for him to move in pending delivery of title?
*
Subject to agreement of the vendor, of course.
TSdariofoo
post May 2 2012, 11:12 AM

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QUOTE(nagflar @ May 2 2012, 10:53 AM)
hi all

i want to ask if i selling my house ( purchase less than 5 years ) will kena GOV tax ?

is that true ? if yes how many % GOV tax ?

thx
*
If within:

1-2 yrs - 10%
3-5 yrs - 5%
nagflar
post May 2 2012, 12:00 PM

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QUOTE(dariofoo @ May 2 2012, 11:12 AM)
If within:

1-2 yrs - 10%
3-5 yrs - 5%
*
5/10% form Selling price now ?

or 5/10% from the price i buy few year ago ?

thx
axantra
post May 2 2012, 12:48 PM

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edited

This post has been edited by axantra: May 2 2012, 04:28 PM
TSdariofoo
post May 2 2012, 12:53 PM

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QUOTE(nagflar @ May 2 2012, 12:00 PM)
5/10% form Selling price now ?

or 5/10% from the price i buy few year ago ?

thx
*
Gross gain is Purchase Price (when you bought) less Selling Price (current selling price). However, what is calculated is nett gain.

Thus, it is 10% or 5% of your nett gain, not from the price of the property at either time.

So, whatever costs/expenses which you spent on the property, like legal fees , renovation and upkeep costs, agent fees, can be deducted.

You can download a copy of Form CKHT 1A from the net to see what the allowable deductions are.

There's a detailed sample and calculation in v1 of this thread which may be useful to you.

icon_rolleyes.gif

This post has been edited by dariofoo: May 2 2012, 12:55 PM
thistle
post May 2 2012, 02:44 PM

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QUOTE(dariofoo @ May 2 2012, 10:51 AM)
It's an empty threat which is baseless and has no merit. It's an open forum and anyone is entitled to give opinions and information. Misrepresentation does not arise in this case. Neither does defamation as you have not defamed her in any way. I would not worry about it.  icon_rolleyes.gif
*
How do I defend myself without making matters worse? She is painting me to be the bad guy. It's very unprofessional for her the so-called registered real-estate agent who provides misleading information and threatening to take legal action on people who give out the real facts.

She thinks she has lost a few potential tenants due to the contract terms explained.
TSdariofoo
post May 2 2012, 05:17 PM

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QUOTE(thistle @ May 2 2012, 02:44 PM)
How do I defend myself without making matters worse? She is painting me to be the bad guy. It's very unprofessional for her the so-called registered real-estate agent who provides misleading information and threatening to take legal action on people who give out the real facts.
*
Why are you worried if you know that you are on the right side? All you need to do is to report what is right. That's it. Let others read and judge for themselves. She has made an empty baseless threat against you. Why aggravate things further by replying to her? Do you think she will let you have the last word anyway? Of course it will go on and on and then, everyone will assume that you have a hidden and personal agenda against that particular agent, hence your act of posting in her thread/wall.

I'd advise you to just let it be.


QUOTE(thistle @ May 2 2012, 02:44 PM)
She thinks she has lost a few potential tenants due to the contract terms explained.
*
Mission accomplished for you then. cheers.gif

icon_rolleyes.gif

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