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

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hoks
post Oct 23 2012, 10:34 PM

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Hi all, need your help on whether the lawyer had overcharge me, what I feel the fee is rather expensive compare with some examples that I had view here before.

Although I had view quite a number of example, but being a first property buyer, looking at all the fees it truly make me blur, so truly need your professional advice on the below breakdown of the fee.

Here are the breakdown of the fee

S&P Legal Fee

Transfer of property held under
Purchase Price : RM 180,000.00
Valuation : RM
TO OUR PROFESSIONAL FEES:-

RM
Legal fee : 1,710.00

Our costs for lodging and withdrawal of private caveat : 350.00

Our costs for submission of Tax form (*CKHT 1 / CKHT 2) : 200.00

Our Costs for Submission of Form I : 100.00

Total Professional Fees : 2,360.00


DISBURSEMENTS:- RM

6% Government Service Tax on Total Professional Fees : 141.60
Search fees : 160.00
Stamp duty on Sale and Purchase Agreement : 50.00
Valuation fee : 10.00
Swearing fee on statutory declaration : 10.00
Stamp duty on Memorandum of Transfer (subject to valuation) * : 2,600.00
Registration fees on entry and withdrawal of private caveat : 210.00
Registration fee on Memorandum of Transfer : 300.00
Registration fee on change of ownership with town council (Form I) : 50.00
Transport, Telephone and Courier Charges : 80.00
Miscellaneous & Postage : 50.00

Total Disbursements : 3,661.60
Total Professional Fees and Disbursements : 6,021.60


For Loan Legal Fee
Loan Amount : RM 169,000.00
Legal Fee: 1,633.00
Our costs for preparing Memorandum of Charge 200.00
Our costs for preparing Power of Attorney 200.00
Our costs for lodging and withdrawal of private caveat: 350.00
Our costs for drafting Discharge of Charge (Form 16N) 300.00
Total Professional Fees 2,683.00

DISBURSEMENTS:- RM

6% Government Service Tax on Total Professional Fees 160.98
Search fees 160.00
Bank Annexures 200.00
Bankruptcy search 40.00
Stamp duty on Letter of Offer 10.00
Swearing fee on statutory declaration 20.00
Stamp duty on Statutory declaration 20.00
Stamp duty on Facility Agreement (Original & 3 copies) 875.00
Stamp duty on Memorandum of Charge 40.00
Stamp duty on Discharge of Charge 10.00
Stamp duty on Power of Attorney 40.00
Registration fee on Entry & Withdrawal of Private Caveat 210.00
Registration fee on Memorandum of Charge 90.00
Registration fee on Discharge of Charge 120.00
Filing fees of Power of Attorney 100.00
Transport, Telephone and Courier Charges 80.00
Miscellaneous & Postage 50.00

Total Disbursements 2,225.98
Total Professional Fees and Disbursements 4,908.98


So total I have to pay for around RM10930 for a 185K apartment, is it normal?

I dunno why the quotation of purchase price is 180K (my purchase price is 185K) and the loan amount is 169K (while bank offer letter i sign for 162K only). Can somebody help me on this? Thanks!

hoks
post Oct 24 2012, 09:00 PM

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QUOTE(dariofoo @ Oct 24 2012, 10:48 AM)
If you have compared and if it is expensive, then it probably is. Get another quote. I cannot see how scrutinising and commenting on the charges would change anything. It's not like the lawyer would reduce it for you, right? If you're not happy, go get another quote. The many samples in v1 have guided you accordingly and you can use it as a guide again for the next quote.
Perhaps it's an error. Just check again with the lawyer and bring it to his attention.
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Hi Dario, thanks for your comment. However, the agent just told me that the Lawyer had send my document to government to process, so thats mean there is no turning back now. I did get one of my lawyer friends to take a look on my quotation, he had stated that some of the item in the loan agreement shall not be charged.

Can you advice base on my previous thread on the loan agreement part. According to my friend, the below item should be borne by seller or not usual type of charges to purchaser.
1. Cost of preparing memorandum of charge 200,
2. cost of drafting discharge of charge 300,
3. disbursement for stamp duty for discharge of charge 10,
4. Registration fee for discharge of charge 120.

The above fees should be excluded from my bill.

And I find out that there are some items are repeated in SnP and loan agreement as I m using the same lawyer for both

1. Search fee RM160 (Is it that expensive in JB area?)
2. Transport, Telephone and Courier Charges
3. Miscellaneous & Postage

For Stamp duty on Sale and Purchase Agreement - RM50 (Should be RM40 right rclxub.gif )

Please advise on whether my lawyer friend giving the rite advise. Thanks in advanced Dario Sifu rclxm9.gif

This post has been edited by hoks: Oct 25 2012, 09:49 AM
hoks
post Oct 25 2012, 11:26 AM

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[quote=dariofoo,Oct 25 2012, 11:11 AM]
1 - borne by you as it the charge in relation to your loan
2 - borne by the seller.

Is the lawyer the seller's friend? hmm.gif

So for item 2,3,4 are borne by seller right?


Item 1 - Search fees for Klang Valley is RM30/search. You need to check for the charges in JB.

Anyway I can look for the standard charges for land search at JB?


Thanks Dario For Answering my question, please take a look at my further question in Purple colour, thanks

hoks
post Oct 25 2012, 12:59 PM

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QUOTE(dariofoo @ Oct 25 2012, 12:56 PM)
1. Yes, sorry. Intended to type 2,3 and 4 should be borne by seller. Discharge of charge is not your duty. It is the duty of the seller and as such, he should bear the charges.
2. Call Pejabat Tanah dan Galian JB. Google for the telephone number. They can immediately inform you.  icon_rolleyes.gif
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Hi Dario,

Thanks for you information, really help me save a lot, thanks!!! notworthy.gif


Added on October 25, 2012, 12:59 pm
QUOTE(dariofoo @ Oct 25 2012, 12:56 PM)
1. Yes, sorry. Intended to type 2,3 and 4 should be borne by seller. Discharge of charge is not your duty. It is the duty of the seller and as such, he should bear the charges.
2. Call Pejabat Tanah dan Galian JB. Google for the telephone number. They can immediately inform you.  icon_rolleyes.gif
*
Hi Dario,

Thanks for you information, really help me save a lot, thanks!!! notworthy.gif

This post has been edited by hoks: Oct 25 2012, 12:59 PM
hoks
post Nov 1 2012, 07:51 AM

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Hi Dario,

I have some question regarding the subsale leasehold apartment at JB.

Let say the title had been issued to the developer but vendor did not apply for transfer. I heard from my banker there are 2 options available:

1. Developer transfer to vendor then transfer to me.
2. Developer direct transfer to me.

May i know for both case, how long will it take for the whole transaction to complete after signing SnP? Thanks!
hoks
post Nov 1 2012, 11:48 AM

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QUOTE(dariofoo @ Nov 1 2012, 10:05 AM)
It's not options open to you, but it depends on the discretion of the developer. Obviously no.2 is better and faster than no.1, and is preferred. But some developers go by the book and strictly insist on no.1. As to how long, it really depends on how efficient and co-operative the parties are.

Roughly speaking, no.1 may take around 3-6 months (or even longer) , while no.2 may take up to 3 months.
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Hi Dario, thanks for your reply, for option no.2, does it means that I can get my property at around 3 months time.
If there is any delay in title transfer (longer than 3 months), will I need to bare the penalty?
hoks
post Nov 1 2012, 03:38 PM

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QUOTE(dariofoo @ Nov 1 2012, 12:12 PM)
3 months is just a rough estimate, please. Do not quote me on it as I had informed you - it really depends on a lot of factors.

There is no penalty as time for your SPA would only start to run from the date your lawyer receives the duly executed MOT by the developer.
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Hi Dario, thanks for your feedback. thumbup.gif

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