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

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TkPerak
post Jan 14 2012, 11:45 PM

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Hi Dario,

What is the use of Letter of Intent in property transaction? How secure is the LoI to the purchaser? What can purchaser does if seller refuse to continue the transaction?
TkPerak
post Jan 16 2012, 01:41 PM

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QUOTE(dariofoo @ Jan 15 2012, 10:54 PM)
The LOI is to confirm and secure the deal and terms pending finalising a formal SPA between the parties.

If the purchaser paid an earnest deposit - doesn't matter how much, even RM1 is sufficient - then the vendor is bound to abide by the terms of the LOI. If the vendor fails to proceed, the purchaser can sue to compel the vendor to sell it upon the terms of the LOI.

If nothing of value is given to the vendor, the vendor has no obligation to sell it at the agreed price upon the agreed terms.
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Dear Dario,

Thank you for prompt reply.

If deposit was paid but the seller tried to delay and not to fulfill the terms in the LoI then how to proceed in this matter.

Thank you.
TkPerak
post Jan 16 2012, 07:31 PM

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QUOTE(dariofoo @ Jan 16 2012, 03:00 PM)
Engage a lawyer and send a letter of demand. If he still fails to comply, you have to instruct your lawyer to file a civil suit in Court.
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Hi Dario,

Thanks again.
TkPerak
post Jan 17 2012, 09:38 AM

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QUOTE(dariofoo @ Jan 16 2012, 03:00 PM)
Engage a lawyer and send a letter of demand. If he still fails to comply, you have to instruct your lawyer to file a civil suit in Court.
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Hi Dario,

Sorry to ask again. In normal civil suit in this matter, what is the duration time from filing in court until the judgement date, how complex is the process and finally what will be the cost involved in term of % of purchase price.
Thank you.
TkPerak
post Jan 17 2012, 11:21 PM

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QUOTE(me_1980s @ Jan 17 2012, 11:25 AM)
The process is not complex if your case is straightforward. You can apply for SUMMARY JUDGMENT if your case is clear-cut.

Costs: in terms of legal fees, it really varies as to the seniority of the lawyer (disbursements excluded) and the firm's standing if the case is straightforward. There is no % involved, unlike conveyancing matter where it's regulated by the Solicitors' Remuneration Order.

Courts Costs: at the discretion of the court to grant.

Duration: With the recent implementation Key Performance Index, the Courts nowadays are really 'working'. It'll be much faster than last time. This is of course subject to the lawyers' diligence.

TK
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Hi me_1980,

Thank you for kind feedback.


Added on January 18, 2012, 1:08 am
QUOTE(dariofoo @ Jan 17 2012, 12:33 PM)
Duration of time really depends on the efficiency of your lawyer and that of the Court. It also depends if the other side engages a lawyer, or opts to settle the case and agree to sell the house to you, or pay you a certain sum in compensation which you are happy with. That would be the "best case scenario".

Another factor would be if they appeal. If they appeal, they can request for judgment to be stayed (postponed) until the hearing of the appeal. From High Court they can appeal to Court of Appeal. From the COA, if they lose, they can file an application for leave to appeal to the Federal Court. As property is involved, there is a possibility that a stay might be granted until the disposal of the appeal and the application for leave (if they proceed further). That would be the "worst case scenario".

Process is really not complex as the facts seem straightforward. Filing would be by way of writ of summons, followed by an application for an order for specific performance under Order 81, Rule 1(a), Rules of the High Court. Provided that there are no issues to be determined and if you can prove the fact that terms were agreed but the vendor blatantly refused to execute the SPA, then you have a reasonably good chance of success.

Legal fees is negotiable with the lawyer. There's no barometer or measure to calculate it.

Good luck

icon_rolleyes.gif
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Hi Dario,

Thank you for above scenario and process plus explanation.

From above process of appeal and appeal again if the seller really want to drag on the whole matter , it seems that the process is a bit lengthy to the purchaser. Is it worth to proceed with the deal as the whole process is time consumed and emotional to the purchaser? What the early intention of the purchaser was to get the property but now is changed to get fairness of judgement.
Another question is what about if no time frame was being set for the seller to fulfill a term in the LoI, is the whole suit case will getting longer?
Thank you.

This post has been edited by TkPerak: Jan 18 2012, 01:08 AM
TkPerak
post Jan 19 2012, 10:01 AM

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QUOTE(dariofoo @ Jan 18 2012, 12:29 PM)
Only you can answer that question. How much you want that property plus whether you can handle the effect of an ongoing litigation. Weigh the pros and cons first before proceeding.
In the LOI a timeframe ought to be given to the purchaser to prepare and finalise a draft SPA. That is a normal term in a LOI. So, your lawyer needs to prepare the draft and send it over to him for his approval. His refusal to proceed would effectively be a breach of the LOI.
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Hi Dario,

Thank you very much for answering and explanation.

I learn a lot from this thread....please keep up the good works.

Thank you.
TkPerak
post Feb 2 2012, 10:36 AM

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QUOTE(dariofoo @ Jan 19 2012, 11:17 AM)
Good luck with your matter. Come back for further enquiries.

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Dear Dario,

Engaged a lawyer to deal with the seller/their lawyer. Requested the seller to provide documents of proof of the progress of the term in LoI . However, the seller/their lawyer just did not bother but returned the deposit by registered mail to buyer lawyer. Can the seller/their lawyer do like that (returning the deposit)? Just wonder is LoI really a legal binding document. What is the stand or step to take if the buyer want the deal go through?

Thank you
TkPerak
post Feb 2 2012, 06:19 PM

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QUOTE(dariofoo @ Feb 2 2012, 05:17 PM)
I've already explained in detail much earlier to your questions above as you've asked them. Please go through it again.  icon_rolleyes.gif
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Hi Dario,

Ok. Thanks
TkPerak
post Apr 19 2012, 09:01 PM

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QUOTE(dariofoo @ Jan 19 2012, 11:17 AM)
Good luck with your matter. Come back for further enquiries.

icon_rolleyes.gif
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Hi Dario,

I come back for further questions and I hope you still remember my case with regard to LoI. I engaged a lawyer to deal with the seller (developer) and already sent few reminders to the seller as well as seller lawyer to request for progress of status of term(land conversion) in LoI. However the seller just did not want to respond to the reminder and I really stuck with the situation here to further to S&P.
When I asked my lawyer to file suit against the seller, my lawyer said it is still pre mature stage to do that. So how long I have to wait because there was no time frame set for the term of land conversion in LoI. If the seller really want to delay the term in LoI because of land price is already increased so much last 2-3years (LoI already passed 2years). What can I do now to enable me to expedite the process to complete the deal?

Thank you.
Regards,
TkPerak
post Apr 20 2012, 10:11 PM

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QUOTE(dariofoo @ Apr 20 2012, 03:47 PM)
Why does your lawyer say that is is premature at this stage? He must know more facts of the case than what you have stated here.  hmm.gif
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Hi Dario,

The lawyer said since no time period being set for the land conversion(one of the term) in LoI then the seller did not breach the term in the LoI. We only can file suit against the seller if the land already converted to usage as in LoI but refuse to sell to us or the seller sell the land to other people. Also, the lawyer said this is a waiting game and depend on who is more hungry.
We believe the seller is sitting with the thing without putting any effort to fulfill the terms in the LoI because the land price already increased past 2 years. What should we do now?

Thank you.
Regards,

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