Good day.
I signed s&P on 30/12/11, thus the 3+1 due date should be 30/4.
But my lawyer only able to issue advise to bank on next Monday 23/4 and estimated its will take 5-6 day for bank to issue cheque according to my banker.
1. Does my deposit will be forfeit if bank not release cheque on 30/4?
2. checked with my lawyer, he said they will issue a letter to vendor's lawyer to request extend if the cheque not release,
Thanks for advise....
dreamadream:
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1. Normally it is upfront. See what your lawyer says.
2. You can pay it now itself (directly in favour of the vendor's solicitor's client's account as stakeholder) but you can pay at any time with the last minute would be before your financier releases the loan sum. They must be assured that the differential sum has been deposited with the vendor's lawyers (or with your lawyers if the vendor is not represented) as stakeholder. Without it, the final release will not take place and things will be at a standstill.
3, Procedure:
1. SPA signed and stamped. In the interim, a caveat ought to be lodged over the property by you (or if you think you want to save costs since the bank will be lodging a caveat as well, then you just wait for the bank to do so via the loan lawyer).
2. You apply for a loan and next step would be to execute the loan documents.
3. Loan lawyer writes to vendor or his lawyer to obtain his confirmation and undertakings.
4. Bank gives an undertaking to the vendor to release the loan.This is for unencumbered properties.
5. Vendor hands over original strata title and other original documents to your lawyer.
6. In the interim, MOT can be sent for adjudication.
7. LHDN will issue notice of stamp duty to be paid upon MOT.
8. Your lawyer pays stamp duty and gets MOT stamped.
9. Your lawyer presents MOT, withdrawal of private caveats forms, and charge in favour of your bank at the land office.
10. With presentation receipt and other ori docs, your loan lawyer advises bank to release final drawdown.
11. Bank release cheque for drawdown of entire loan sum (85%).
12. Your lawyer hands it to vendor or his lawyer, and keys are exchanged together with apportionment of outgoings - end of transaction.
Important documents? SPA, loan agreement and other agreements plus correspondence.
4. Keys has nothing to do with the documents to show ownership. The keys are from vendor. The docs are to be compiled and handed over to you by your lawyer. That can be done later. Copy of geran/title is proof of ownership.
5. Haha. No comments.