Agreed on this. The issue is the agent does not agreed on the full refund of the earnest deposist if loan rejected as he said that this is direct instruction from the vendor. Insist me to pay the earnest deposist only provide the grant and SPA. Furthermore, request me to apply loan 1st, how can i apply loan if i dont have the grant and SPA/booking form?
I request the vendor contact in order that i can try to nego with the vendor but he dont want to give. He also said that he been in this line for 10 years plus and never hear about the full refund of the earnest deposist if loan rejected. 

Just wondering what is the purpose of getting rental contract stamped? What are the pros & cons?

If you are the owner and you have it stamped, doesn't it mean you declare your property as generating rental income, as such you need to pay tax for it?

If you are the owner and you have it stamped, doesn't it mean you declare your property as generating rental income, as such you need to pay tax for it?

1. I agree, his report is incomplete. How do we access the guards report..

2. will there be any damages given if the matter is successfully struck out.

3. Just another Q, what do you think will happen at the next Mention in court.

Thank you for your time.

if its not stamped does it mean the contract is not valid or what?

and usually who bears the cost?

not sure anybody ask this already or not, but a question from a noob here. we purchase an apartment and snp was signed (and chop duty stamp) on 5 Nov 2009. until today 9 Nov 2012 the building is finished but still no news about OC yet when ask the developer the clerk say OC in process might be reay in dec, can we claim any compensation from the developer?

May I know whether the tenant have rights to ask for rent reduction. Or change another way to ask the question, do I bear the responsible to reduce rental for the tenant?

I don't compromise is because I don't want the tenant taking advantage next times, to claim again against minor defects.  So could I just stay firm ?

I see. In other words, if im success to sign the SPA it means that there will be no issue with that? No any other issue will pop out later on when strata title is release? And if developer say i can buy means i can buy?

Thx for your precise explanations. U explain it in simple words, for a commoner to und.
Sorry for continuously bothering you, but please correct me on the following if i am wrong:=

1. my friend has to sm how appoint a lawyer or represent himself, which is not a good idea since he knows nothing about criminal law.

2.he can go to legal aid or bar council to get a lawyer to help him in a minimal cost.

3 the matter will be struck out if both parties withdraw their reports.

4 once the case in the Magistrates court is withdrawn, no further civil suit can be filed.

5 it would have been better for my friend if only civil action was initiated not the criminal suit.

6 my friend can go and make a further report ..to add that his hand too was fractured in the incident.

7 Sir, in the event my friend engages a lawyer from a firm, roughly how much do you think the fees might come to.

Thanking you in advance.

Hi Dario,

I need some advice regarding some legal issues on buying property. Hope you can assist.

Scenario is as follows:
1. This is a freehold landed property
2. Individual title is ready but owner has not transferred it to his name., i.e still with developer.
3. It's a bumi lot.

My question:
1. Is it possible to do a double transfer directly from developer to new buyer's name?
2. Bumi Consent i understand could take 3-9months, is that true?
3. Assuming everything goes well, when is the fastest to conclude the deal, i.e from title transfer -> bumi consent/SPA -> loan disbursement.

Thank you in advance for your kind advices.
And apologize if you have answer it somewhere else, but there are over 111 pages, my eyes got  after scrolling many many pages.

Hi Dariofoo,
Hope you can help answer some of my queries:
a) I am thinking to sell my property. Can you advise me on the procedure and the fees involved?
I bought the house on 2005, refinance it on 2009. Would the RPGT tax applicable on my case?

b) I have another joint house loan with my brother. I plan to sell or refinance the house. However, he refuses to do either of the 2 actions mentioned above. Can you advise is there anything that I can do? I have been paying half of the housing loan all this while. I have gone through some articles, and those articles mentioned that there is nothing that I could have do. Does Malaysia law protects the buyers' interest too for joint house?

My apologies if you have answer it before in this forum, but there are over 100+ pages and I may have missed the answers posted by you on the same questions as above...
Regards,
BM

Hi Dariofoo,
Hope you can help answer some of my queries:
a) I am thinking to sell my property. Can you advise me on the procedure and the fees involved?
I bought the house on 2005, refinance it on 2009. Would the RPGT tax applicable on my case?

b) I have another joint house loan with my brother. I plan to sell or refinance the house. However, he refuses to do either of the 2 actions mentioned above. Can you advise is there anything that I can do? I have been paying half of the housing loan all this while. I have gone through some articles, and those articles mentioned that there is nothing that I could have do. Does Malaysia law protects the buyers' interest too for joint house?

My apologies if you have answer it before in this forum, but there are over 100+ pages and I may have missed the answers posted by you on the same questions as above...
Regards,
BM

---

Added on November 12, 2012, 2:44 pm
"As for seller, 2 options:

1) Appoint another lawyer to act on seller's behalf - seller has to pay full scaled legal fees to the lawyer. Lawyer would vet the draft SPA prepared by the purchaser's lawyer and would also follow up with redemption of seller's loan, preparation of discharge of charge/deed of RnR, application for consent (if applicable) and filing of CKHT Forms.

2) Do not appoint own lawyer but authorise purchaser's lawyer to assist with redemption of seller's loan, preparation of discharge of charge/deed of RnR, application for consent (if applicable) and filing of CKHT Forms. Seller does not pay full scaled fees but is fixed on the assistance rendered by the purchaser's lawyer, eg applic for consent is RM300, discharge of charge is RM300, plus some disbursements would be payable too.
"
What would the approximate total charges for both scenarios? Will I be taxed for RPGT?

Hi Dariofoo,
he pays the other half, i pay the other half
thank you very much for your advise.

Dario boss

for loan docs relating to the purchase of a l/h prop under construction is

i) is it necessary for a caveat to be lodged by me (purchaser)?
ii) what is "registration fee for PA/SOD"?
iii) title search ?
iv) winding search?
v) bankruptcy search?

have another query - if there is a discrepancy in S&P and Deed of Mutual covenants with regards to facilities to be provided in a strata
development, which of this 2 docs under the law will be binding?

Dear all,

I have some questions here.

I want to sell off my house about RM700,000.

However, after so long no prospect from all the agents, there is an agent able to get a buyer to buy my house at lower price than my target price which is RM570,000.

So, no choice, I agreed with the price of RM570,000 and signed the agent paper to sell off at that price. However, not yet sign S&P paper.

Then, after that, more offer coming in now. And now it seems like more buyers want my property now with higher offer.

So now, another agent able to get a buyer to buy at RM600,000.

So, if I agreed to the new buyer at RM600,000 but I already signed the previous agent's paper, any problem for me?

Any Penalty?

Is it really still can cancel the previous deal and continue with this new deal with more profit?

Please advise.

Thanks.

Hi dario, my case is like this:-

I'm selling my house to one buyer. We both using own lawyer. However, it has to go through MOT1(trustee to vendor) and MOT2(vendor to purchaser). My lawyer told me both MOT can adjudicate and stamp together. Today, i went for signing S&P(signed by purchaser). While signing i only checked on the purchase price and ic(normal standard checking). My lawyer was holding the 8% of earnest deposit. At the same time i wonder why im not given the balance of 8% of the earnest deposit. (I thought will be given after the S&P was stamped by the purchaser's solicitor)

As i reach home, i go thorugh my S&P(photostat copy) again, i found that

MOT1 will be stamped and adjudicated by vendor solicitor and
MOT2 will be stamped and adjudicated by purchaser solicitor once MOT1 stamped and adjudicated

Q1the lawyer told me will be stamped and adjudicated MOT1 and MOT2 together..why now different?

2.1.2
a sum of $$$$$$$$ paid by the purchaser to vendor's solicitor, as stakeholders, upon the execution of this agreement (hereinafter referred to as "the Balance of Deposit"), the receipt of which the vendor's solicitor hereby acknowledges with instruction to release the same to the Vendor upon the Purchaser's solicitor receipt of the duly executed, adjudicated and stamped MOT1.

Q2the statement above refer to, i will be having my 8% upon MOT1(stamped and adjudicated) received by purchaser's solicitor, am i right?

Q3by right, this 8% shud be given to my upon S&P signing. Is my lawyer protecting me?

and

the remaining if the balance of 90% of the purchase price will be paid to the vendor solicitor, as stakeholders, within THREE MONTHS from the date the Purchaser's solicitor recipt of a copy of the Memorandum of Transfer duly executed by the trustee in favour of the Vendor (MOT1) adjudicated and stamped (hereinafter to as completion period). The actual date the balance purchase is paid to the vendor solicitor within the completion period is hereinafter referred to as "the completion date"

Q4Why is the three month start counting on the date of MOT1 adjudicated? Normally is count from the date S&P stamped. My lawyer wan to makan my fixed deposit?

this is killing me. pls advise

Are bank loan legal fees for Islamic loan higher than Conventional loan?

Hi Dario,

I'm a first time home buyer. I have already signed the SPA, Loan Agreement, etc.

I discovered this week from my loan lawyer that my loan process is stuck as the bank (Public Bank) has to delay the remaining 90% balance release. The reason given was that the landowner has given the Power of Attorney to the developer. I'm not quite familiar with the terms here. However, I understand that this is an unusual process and they will have to check this matter with the High Court.

My worry is that this will result in a delay in the payment release to the seller and violate the SPA. This is a freehold condo unit. The terms were 90 days + 30 days (with 8% p.a. interest). Worse still, if the process drags on longer, I'm worried that the sale may be revoked altogether. I am confused - since I have done nothing wrong, will I be liable to pay all these fees and charges?

As far as I know all the required documents have been submitted in late September. I discovered that the loan lawyer had actually received the documents and that my case lawyer had found out about the Power of Attorney situation back in mid-October. However as my case lawyer has resigned, I believe that due to an inefficient handover process to her colleague, the situation was not followed up appropriately. In fact, I was told that it was only picked up in mid-November.

My question is how long does it normally take for the proceedings to be processed? If there are any delays resulting in my incurring of financial losses, who should be liable for it? It appears to me that the loan lawyer's mishandling of time-sensitive documents has directly caused my current predicament. What is your advise on the next cause of action?

Thanks,
Seeker1

If my family transfer a property to my name, do i still need to pay stamp duty & legal fees?

1. When i'm a chinese buy a bumi quota leasehold apartment unit, do i need to get approval from menteri besar?
2. Or under what circumstance i need the approval of menteri besar?
3. Where can i check from any document that if i require the Menteri Besar approval?

Hi Dario,

can i know how long lawyer will instruct bank once i sign the security document from lawyer? Due to facing long holiday on this week the lawyer site was closed so they will only prepare the document on next week. i had receive letter from bank the due date is end of this month,so do i have to write a letter for my bank to postpone due to lawyer have delay it? i just worry lawyer site will instruct the bank late.

Hi Dario,

I've bought a new condo under construction at the moment. Up to this point I've signed the SnP and loan agreement. Can I appoint another lawyer to handle my MOT in the future when the individual title is ready?