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

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it.fusion
post Jan 3 2012, 03:44 PM

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Hi Dario,

I am purchasing used 150K appt.. and i totaly newbie to on all purchase process between Vendor / Owner / S&P Lawyer / Bank Lawyer..

What shall i expect in S&P ? - and what shall i highlite to the lawyer that is purchaser rights..etc

Please do advice the whole process which may help me on purchasing the unit. thanks smile.gif
it.fusion
post Jan 4 2012, 11:39 AM

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QUOTE(dariofoo @ Jan 4 2012, 12:59 AM)
Appoint a good lawyer as it is his job to highlight to you your rights as a purchaser, not the other way round. The lawyer would prepare the SPA on your behalf. All you need to do at this moment is to get all the relevant documents for him, or ask the agent to do it for you - the letter of offer to purchase, copy of ICs of vendor and yourself, copy of principal SPA, assessment and quit rent receipts, vendor's loan particulars, copy of title (if any).

Get the ball rolling first and if you have a specific answer, do come back and ask.

icon_rolleyes.gif
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thanks for the awesome guide.. i had provided relevant doco.. IC... to agent and agent told that he will submit the documents to lawyer and the S&P laywer will call me regarding this.... thanks bro smile.gif
it.fusion
post Jan 9 2012, 08:17 PM

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edited

This post has been edited by it.fusion: Jan 10 2012, 09:52 AM
it.fusion
post Jan 15 2012, 09:12 PM

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the appt has master title... is master title transfer are included by default in the S&P agreement or is it something separate ?

it.fusion
post Jan 16 2012, 01:36 PM

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QUOTE(dariofoo @ Jan 15 2012, 10:58 PM)
Are you taking about individual title for apartments?

Master title is the main title whereupon the whole block is constructed upon. Once the apartment is complete, the developer can apply for subdivision into strata title, i.e. individual title.

In the SPA, the developer will agree to execute a memorandum of transfer (MOT) to transfer the strata title to you, when the said strata title is ready. So when the time comes, the developer will notify you that you have to appoint a lawyer to prepare the necessary docs, espec the MOT, to transfer it to your name. You have to bear the legal fees for it.
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yeap correct strata title.. in my case from owner to purchaser..

the owner already got the title already.. so during S&P between me and seller... is this title will be transfered to me by default ... or is it different process ?
it.fusion
post Feb 27 2012, 03:39 PM

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Hi Dariofoo,

My current status of purchasing property from owner are on my S&P lawyer sent out redemption letter to seller's bank.. My loan lawyer stated pending for the letter to proceed further..

May i know how many days/weeks it is usually takes before seller bank reply with the redemption letter ? and from this stage onwards.. how long it does takes before the title are changed to me.. or how long will it take more to complete the overall task..approx. thanks

it.fusion
post Feb 28 2012, 05:02 PM

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QUOTE(dariofoo @ Feb 28 2012, 11:47 AM)
The bank would normally reply between 5-10 working days. How long it takes to finish is hard to say. You might want to check with your lawyer on this.

Basically the flow is like this:
1. The vendor's bank issues redemption cheque;
2. Your loan lawyer prepares all the documents and advises your bank to release the redemption sum.
3. Your bank has to issue the cheque for the redemption sum.
4. Your SPA lawyer passes the cheque and the discharge of charge [DOC] to the vendor's bank.
5. Vendor's bank executes DOC and returns it with original title, etc.
6. Your SPA lawyer dates memorandum of transfer [MOT] and submits it for adjudication.
7. LHDN will issue notice of stamp duty to be paid upon MOT.
8. SPA lawyer pays stamp duty and gets MOT stamped. DOC is also stamped with nominal stamp duty.
9. SPA lawyer hands over registration fees, DOC, MOT and other original documents to loan lawyer.
10. Loan lawyer presents DOC, MOT and charge in favour of your bank at the land office.
11. With presentation receipt and other ori docs, your loan lawyer advises bank to release final drawdown.
12. Bank release cheque for final drawdown.
13. SPA lawyer hands it to vendor, and keys are exchanged together with apportionment of outgoings - end of transaction.

icon_rolleyes.gif
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Thanks SiFu dariofoo ! This is great summarize of the steps involved that i am searching for... icon_rolleyes.gif
it.fusion
post Feb 29 2012, 02:14 PM

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QUOTE(dariofoo @ Feb 29 2012, 10:35 AM)
That would've been done earlier. Once consent has been obtained, only then do you start the necessary with the loan documentation. By this stage, surely consent would've been obtained by now.  nod.gif
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Consent from land office are done by S&P or Loan Lawyer ?
I am in doubt that my S&P lawyer had did that since there is no chapter of this earlier...

this can be done also during land title name change ?


one more thing.... the agent told me earlier that the unit i am purchasing are never been rented out.. but i came to know that the unit are now stayed by vendor's fren from oversea till another 2 months.. Question is, once the land title are changed to me can i request the vendor fren to move out ? and if not, pay for rental from then on ?

thanks sifu icon_rolleyes.gif


Added on February 29, 2012, 2:17 pm
QUOTE(dariofoo @ Feb 29 2012, 10:35 AM)
That would've been done earlier. Once consent has been obtained, only then do you start the necessary with the loan documentation. By this stage, surely consent would've been obtained by now.  nod.gif
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Consent from land office are done by S&P or Loan Lawyer ?
I am in doubt that my S&P lawyer had did that since there is no chapter of this earlier...

this can be done also during land title name change ?


one more thing.... the agent told me earlier that the unit i am purchasing are never been rented out.. but i came to know that the unit are now stayed by vendor's fren from oversea till another 2 months.. Question is, once the land title are changed to me can i request the vendor fren to move out ? and if not, pay for rental from then on ?

thanks sifu icon_rolleyes.gif

This post has been edited by it.fusion: Feb 29 2012, 02:17 PM
it.fusion
post Mar 1 2012, 09:16 AM

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QUOTE(dariofoo @ Feb 29 2012, 10:53 PM)
You quoted my reply to another forummer's question on consent. Is your property leasehold which requires consent? In any event, it is the vendor's duty to obtain consent to transfer, and your loan lawyer's duty to obtain consent to charge.

At the end of the transaction, keys are given to you with vacant posession. So that friend would have to move out before keys are handed over to you.

icon_rolleyes.gif
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i guess my mistake on overlook for your reply on another forumer's question.. doh.gif

actually the unit i am purchasing are freehold.. i suppose that does not require any consent then...
cheers & thanks icon_rolleyes.gif
it.fusion
post Mar 13 2012, 07:47 PM

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hi dariofoo...

i am in mid of dilema for the appartment which i had signed & stampped SPA a month ago... the loan lawyer stated that the its ready to release the sum..
issue is that my SPA lawyer are telling me that the vendor /seller of the unit are having single loan with her bank for two properties... and told that the vendor will settle the outstanding sum with her own monies...

it had been 3-4 weeks since the SPA lawyer had requested redemption statement from bank and now she still telling that its not given by the bank yet and the vendor are waiting for the statement before paying it off...

will the vendor's bank take such a long time to issue the statment ? and its quite strange that a loan securities document can contain two properties amount of loan... in this case it seems my SPA lawyer are not helpfull to provide whats the status are... it seems like they are planning for stretching the time out...

i am not sure if this is a twist of story to keep the unit which is currently occupied by vendor friend (as claimed)...till a date that the owner wants..


what can i do on this situation ? just worried that i am played off on this ...
it.fusion
post Mar 14 2012, 12:10 PM

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QUOTE(dariofoo @ Mar 14 2012, 11:59 AM)
Nothing much you can do but to wait. The completion period will be extended in your favour so there's no late penalty interest to be paid to the vendor. Vendor represented? If so, then get your SPA lawyer to write to vendor's lawyer to chase the bank to issue the redemption statement

icon_rolleyes.gif .
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vendor is not represented.. its under my same SPA lawyer...
anything i can ask from my SPA lawyer to do ?
And is it really such thing as single loan can finance two properties ?

thanks and cheers


it.fusion
post Apr 18 2012, 04:06 PM

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hi dariofoo..

i checked with S&P lawyer for the status.. and she had informed that she still waiting for owner/vendor's bank to release title and she already prepared MOT documents. just waiting for the title to do the process now... it is now 2 month plus after S&P stamping...

for my case, the vendor had settled by herself outstanding amount with the bank and redeem the title.

my question is, will the MOT process will take longer once the title are out ?
and first part of the MOT is to submit my name for the title name transfer in Land Dept rite ? s&p lawyer told me at land dept, it would take months before this is done.. i am kinda puzzled now...

and once the title transfered to me, and afterthat the bank will apply for their part in land dept ? then only the bank will release the money to vendor ?

kindly guide sir !

it.fusion
post Apr 18 2012, 04:55 PM

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Yep, saw the post dariofoo, but that was i suppose bank to bank title redemption ? and it was now the vendor agree to pay by herself the outstanding balance amount to her bank.. it doesnt really make any difference.. isit ?

And i am blur on the 'periods' that may lock the overall process down...like in this case land office... does they really stretch their processing time ?
and as your below reply no.10 .... it seems only loan lawyer will process at land office, and not SPA lawyer ?

just curious to know..

appologies if this is a repeat sweat.gif


Basically the flow is like this:
1. The vendor's bank issues redemption STATEMENT;
2. Your loan lawyer prepares all the documents and advises your bank to release the redemption sum.
3. Your bank has to issue the cheque for the redemption sum.
4. Your SPA lawyer passes the cheque and the discharge of charge [DOC] to the vendor's bank.
5. Vendor's bank executes DOC and returns it with original title, etc.
6. Your SPA lawyer dates memorandum of transfer [MOT] and submits it for adjudication.
7. LHDN will issue notice of stamp duty to be paid upon MOT.
8. SPA lawyer pays stamp duty and gets MOT stamped. DOC is also stamped with nominal stamp duty.
9. SPA lawyer hands over registration fees, DOC, MOT and other original documents to loan lawyer.
10. Loan lawyer presents DOC, MOT and charge in favour of your bank at the land office.
11. With presentation receipt and other ori docs, your loan lawyer advises bank to release final drawdown.
12. Bank release cheque for final drawdown.
13. SPA lawyer hands it to vendor, and keys are exchanged together with apportionment of outgoings - end of transaction.

QUOTE(dariofoo @ Apr 18 2012, 04:24 PM)
I've already answered to you in detail on the procedure in my post dated 28th Feb 2012. With all due respect, why are you repeating the same questions again?  rclxub.gif
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This post has been edited by it.fusion: Apr 18 2012, 05:05 PM
it.fusion
post Apr 22 2012, 01:53 PM

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QUOTE(dariofoo @ Apr 19 2012, 06:12 PM)
No,it doesn't.
I don't understand what you mean. Sorry.
Loan lawyer, unless purchaser is buying in cash.
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QUOTE(it.fusion @ Apr 18 2012, 04:55 PM)

And i am blur on the 'periods' that may lock the overall process down...like in this case land office... does they really stretch their processing time ?


What i mean was that lets say title had been released by vendor's bank and SPA lawyer pays MOT stamp duty already... then the land office process ( changing title name to me / bank ) would it take long or very long time ? and does the overall process only considered complete once the title had been changed at land office ? or just by MOT stamping ?

thanks for the valuable info dariofoo... cheers
it.fusion
post Apr 30 2012, 01:28 PM

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dariofoo... its going to be 3 months since SPA had been signed... but till now my SPA lawyer are just telling that title are still pending from vendor's bank.. one more month and it would be 4th month...i already ask lawyer to push/chase the bank.. but till now no news....what will happen if the bank failed to deliver the title then? my bank are ready to pay.. but title still with vendor's bank...


it.fusion
post May 7 2012, 04:49 PM

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QUOTE(dariofoo @ May 2 2012, 11:11 AM)
Completion date is extended in your favour.
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how long the date can be extended ? 1 month ? 3 month or 6 month ?
since the SPA lawyer just keep silence on this.. i call her up every week and she saying the same thing.. pending bank.. i ask her to chase.. she said already..
just wondering if i got the wrong SPA lawyer for my first house purchase sad.gif

it.fusion
post May 8 2012, 11:31 AM

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QUOTE(dariofoo @ May 7 2012, 05:11 PM)
It is extended according to the number of days of delay from the vendor.

If pending bank, you can also call your banker and ask for his assistance to chase it too.  icon_rolleyes.gif
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its actually pending vendor bank to release the title, vendor informed that she already settle the outstanding, but SPA lawyer keep telling that the vendor bank still not yet release the title....
it.fusion
post May 31 2012, 12:21 PM

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hi dariofoo,

i am currently in stage of my bank release BPP to the vendor...
may i know what documents, etc i will receive once this is done / once the handover are over ?

i had been given duplicate of SPA when signed agreement 3 months ago.. and thats the only document i have it in hand in regards of this purchase..

I had asked the SPA lawyer about this, but she are reluctant to answer on this. kindly advice.. thanks

This post has been edited by it.fusion: May 31 2012, 12:36 PM
it.fusion
post May 31 2012, 04:05 PM

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QUOTE(dariofoo @ May 31 2012, 03:16 PM)
There is nothing secretive about it so I have no idea why your lawyer is reluctant about it. Maybe she doesn't know?  hmm.gif

Is your property with or without title? Is your loan conventional or Islamic?  It makes a difference. Let me know and I'll list it down for you.
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the property are freehold with title, the original title are currently handed over to my bank lawyer.
bank loan are conventional..

it has been quite hard for me to get info from the SPA lawyer since the first day....
the bank loan lawyer are much better and informal..
it.fusion
post May 31 2012, 04:59 PM

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QUOTE(dariofoo @ May 31 2012, 04:25 PM)
Basically the docs which you should have a copy of are:

-duplicate SPA
- Title (Geran), in your favour once it has been presented and extracted
- Proof of payment of RPGT - plus CKHT forms

From your loan lawyer:

- Loan Agreement
- Duplicate Charge

Other documents which you may request to have a copy of to put into your file are:

-Letter from LHDN stating the stamp duty payable (It's a Notice)
-Form 14A (duly stamped,if possible)
-Correspondence to land office and/or LHDN
-Discharge of Charge
- Copy of duly paid assessment, quit rent and any other receipts paid by the vendor.

icon_rolleyes.gif
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Thanks Dariofoo ! smile.gif

one more question are.. according to SPA lawyer, name transfer on the title at land office would take more than 4 months and this is handled by loan lawyer.
does this mean that i would not have visibility of the title till it is fully processed by land office ?

cheers

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