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

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gracelim2202
post Sep 22 2012, 01:28 PM

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Hi all, need some advice here.

I am about to sell a property through a RE agent.
The agent wanted to charge 3% commission and ask me to bear for the 6% GST on the commission as well. Is this the normal practice?
gracelim2202
post Oct 11 2012, 12:17 AM

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Dear Dario,

I have recently sold an apartment (>10 years old) which is fully settled. In order to speed things up, I opted to use seller's lawyer. Today lawyer called up saying that there was a spelling mistake on my name during the submission for the title search. He billed me RM300 + 6% service tax. Am I supposed to bear for this cost?

The lawyer also charged me the following items.
Disbursements:
1) RM42 for Affirmation and stamping on statutory declaration
2) RM50 for Travelling, courier, printing etc
3) RM50 for Miscellaneous

Which of the above ought not be charged?
Many thanks.
gracelim2202
post Oct 11 2012, 09:51 PM

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QUOTE
Dear Dario,

I have recently sold an apartment (>10 years old) which is fully settled. In order to speed things up, I opted to use seller's lawyer. Today lawyer called up saying that there was a spelling mistake on my name during the submission for the title search. He billed me RM300 + 6% service tax. Am I supposed to bear for this cost?

The lawyer also charged me the following items.
Disbursements:
1) RM42 for Affirmation and stamping on statutory declaration
2) RM50 for Travelling, courier, printing etc
3) RM50 for Miscellaneous

Which of the above ought not be charged?
Many thanks.


QUOTE(dariofoo @ Oct 11 2012, 09:50 AM)
You sold but using seller's lawyer?

There's no such thing as spelling mistake during submission of title search. I think you must have heard wrongly. What is the RM300 for? CKHT?

The disbursements - what is the SD for?
*
Sorry my bad...should be sold an apartment and use the buyer's lawyer.

According to the lawyer, the officer at land office keyed in wrongly, resulted in spelling mistake during title search. Meaning that, it was not correctly done. Hence it need to re-submit and search again. And a "rectification land search of RM300 is charged". He even challenged that "if you want to save, you can also do it yourself". I was dumbfounded. In the first place, I didnt ask for any title to be searched. And then suddenly this mistake popped up and I'm supposed to pay for it? Come on...
Earlier I had told the lawyer that I will be filling the CKHT myself. Maybe because of that, he tried to find ways to charge me (for the supposedly RM300 on CKHT filling)

For the disbursements on SD, I was informed that it is to check whether I am a bankruptcy or not, as "required by the bank". The charges is RM4 for "affirmation" and RM10 for "stamping" (this 2 add up = RM14). 3 copies, so total is RM42. I was flabbergasted. Why charge me when this is required by bank??

Even for disbursements item #2 and #3 are debatable. Since I'm using the same lawyer (whereby can save on travelling & courier cost) and will be signing on the same set of documents (save on printing), why double charge (both buyer and seller)? And I would guess the "miscellaneous" fee is also being imposed to the buyer.

Appreciate if you can comment on the above. Thanks.
gracelim2202
post Oct 12 2012, 11:41 AM

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QUOTE(dariofoo @ Oct 12 2012, 11:01 AM)
1.  No such thing. In the first place, it is the purc's duty to conduct a title search, not yours. As such, you do not need to pay for it.

2. No such thing. If the purchaser's bank require it, then it is the purchaser who ought to be billed for it, not you. There is also no duty for the seller to pay to conduct a bankruptcy search on himself. It is all upon the purc.

3. Miscellaneous of RM50 is fixed by Bar Council and is allowed to be claimed. It can also be waived, at the discretion of the lawyer. With regard to printing - if there is nothing to print, there should not be any charge. Same goes for travelling. Is the lawyer travelling for anything on your behalf? If title is clean (so there is no need to do any redemption) and CKHT is done by you at your own cost and expense, I see no reason why there ought to be any legal charges upon you at all!

I think you are being taken for a ride.
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Dear Dario,

Thanks for your reply.

In case if I refuse to pay all the above, will the deal still go through?
Will the lawyer act inappropriately, for example changing certain conditions in the S&P which will not favor me, as the seller?

What if I choose another lawyer at this juncture? (though this option is a bit tough since there is basically no charges can be applied on)

What are my options now?

gracelim2202
post Oct 12 2012, 10:23 PM

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QUOTE(dariofoo @ Oct 12 2012, 12:08 PM)
1. Of course it can go through. The lawyer cannot charge you for something which he does not do any work for!

2. How can he change it if it has been signed, initialled on every page and if you have a copy of it? Just be extra vigilant, that's all.

3. SPA signed? If so, then there is little point to bring in a lawyer at such a late stage, bearing in mind also that there is no redemption involved and that you are doing the CKHT yourself.

Just be extra careful and vigilant. If you are smart, the lawyer would not dare to mess around with you.
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1. The lawyer claimed that they did the "work" by submitting to land office for the title search. rclxub.gif

2. & 3. SPA has not signed yet. (in comparison, I think the buyer will be more anxious to get this deal done than me nod.gif )

Of course I wouldn't want to see this deal falling apart. Just that the lawyer has to charge more responsibly and reasonably.

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