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

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Ltash
post May 7 2012, 04:36 PM

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Hi, i have a seriously big problem..

Story goes ..

In March 2011 i bought a property. I paid the 10% but was told by my lawyer, X that we will have to wait.. Cuz the house was under a will, and they had to clear to get the probate.. X said that the estimated time for the court to grant probate & etc will be settled my Nov. True enough, in Aug, they called and said it was clear.

At that time, we hunted for loan, and got the loan in Oct 2011. The owner gave us some time to reapply for the banks loans, and didn't bother much about this delay.
Banks agreement were received on 8 Nov.
Bank hired their lawyers, Lousy, and we received their letter on 29 Nov stating that they were acting for the bank.

We produced every doc that was requested by Lousy so that it could be processed asap, since we have waited for soooo long!


But Lousy was indeed a champion. They forgot my case.


Until end January. This was discovered when X contacted them to check on the status, because the S & P was going to expire on 3rd Feb..
The vendor was nice enough to accept the delay, and extend S&P another 1 week.. Vendor and I agreed that it should be settled by Feb 16th.

That 2 weeks also not enough, cuz the Lousy and X cannot get along at the same pace. Either one sure forget to slip in a important document...
I dont know what was the real story behind, but everyone kept pointing fingers at each other.

We incur further delay...
16 Feb - 24 Feb... we kena charge interest for full amt of loan.


24 Feb we received a redemption sum, and I am now charged interest for the Balance not received until 3 May.


Total payment for interest is RM2847.

One thing i know for sure is that i kept calling them towards end of March , but they keep pointing fingers, and all this delay was because one missing doc by one another, and the submission to High court was rejected, etc.

March can delay to May...even when i keep following up.

Still have to pay even when its not my fault... all lawyers delay...

Now vendor is waiting for her cheque from X (full balance).
As for me, I have to pay interest to vendor in order to get the keys..


HOW AH??? how can I not pay, and demand this bunch of lousy professionals to pay for their mistake?

Is this possible??

I have no clue as this is my first house.. and all the excitement all faded already.. wait more than one year, and then now have to pay extra -__-"


PLEASE HELLLPP ! cry.gif

Ltash
post May 7 2012, 05:12 PM

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QUOTE(dariofoo @ May 7 2012, 05:08 PM)
Ltash:
» Click to show Spoiler - click again to hide... «


First things first, you should not address your solicitor as Lousy. Even if you think they have not performed up to your expectations, you ought to refrain from doing so. Two wrongs does not make a right.

Why is interest calculated up to 3 May only, if the cheque for the balance purchase price is not out yet? Should it not be calculated from the day the cheque is presented to the vendor? Or has the vendor agreed to cap it at 3 May?

Anyway, since you have both sides of lawyers who are playing the blame game with each other, the only sure way to find out and locate the source of the delay (or sources - both sides may be guilty), you would need to request for a copy of all the correspondence between all the parties from the date of execution of your loan documents, i.e. from the date your loan lawyer came on board.

1.Request it from the loan lawyer and your SPA lawyer
2. Do it in writing and use separate letters to each of them. Don't let them find out that you're requesting from the other party as well.

3. In your letter, you must state your dissatisfaction with the delay.
4. Put on record all the teleconversations and smses sent/received to the lawyers and what was spoken in the said teleconversations.

5. Give them 7 days to provide you with the correspondence, and state that if they fail to do so, you will report them to the Advocate & Solicitors Disciplinary Board [see page 1 for the link to their site and to get more info].

6. Serve the letter by hand at their office and get an acknowledgement with their official stamp and date of receipt.

7. Wait for the documents.

8. Study the documents and locate the delay. See how many days lapse between letters.

9. If you think that there is a party who is negligent, you would need to appoint a lawyer of your own to demand that the law firm in charge be responsible for the late penalty interest (or even both firms).

10. Alternatively, you can directly file a complaint and lodge it with the ASDB as stated above. However, I would advise you to appoint a lawyer to do so as that lawyer would be in a better position to articulate the complaint in a proper and organised way.

* You would need to seek a lawyer who not only does litigation, but who has experience in ASDB matters. Not all litigation-based law firms do these cases.

Good luck

icon_rolleyes.gif
*
Thanks Dariofoo.


this cheque was a balance left (after the redemption sum was release in on 25 feb) was written to the lawyers name on 3rd may. . so they had to bank in the cheque, and issue another cheque on the vendors name.

So they stop calculating the interest from the date they received the cheque..

I have 2 different amount of interest..
A) delay - 25 Feb (release of redemption sum)
B) 25 Feb - 3 May (when balance paid)


about how much will it cost for a lawyer to help me in this case?


This post has been edited by Ltash: May 7 2012, 05:20 PM
Ltash
post May 7 2012, 05:16 PM

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the cheque was written to the lawyers name . . so they had to bank in the cheque, and issue another cheque on the vendors name.

So they stop calculating the interest from the date they received the cheque..

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