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

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SUSjalsrix
post Dec 7 2011, 09:30 AM

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Why is there a necessary to pay for the CKHT2 (income tax) form to the lawyer when it is just simple fill up form ?

Must the seller and buyer pay different fees for this form ?

Is it easy to sue seller if seller sell to many buyers ? (assume no caveat lodged)



This post has been edited by jalsrix: Dec 7 2011, 09:32 AM
SUSjalsrix
post Dec 7 2011, 01:21 PM

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QUOTE(dariofoo @ Dec 7 2011, 10:34 AM)
1.Vendor pays RM300/pax. Purchaser pays RM200/pax.

2.Sue for return of deposit paid - of course. Sue for specific performance to enforce the SPA and compel vendor to sell to you - you need to be the first party who entered into the SPA with the vendor. The subsequent purported SPAs executed with other purchasers are void and is of no effect as the vendor cannot execute a second SPA to assign his rights when he had already done so in the first SPA.

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1. If we submit income tax form ourselves, do we still need to pay rm 300/200 to the govt ? Or is it completely free ?

2. Who is going to pay for the legal fee to sue if buyer wins the case ? The seller or buyer ?


SUSjalsrix
post Dec 7 2011, 03:54 PM

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QUOTE(k3v1n @ Dec 7 2011, 03:11 PM)
Dear Dario, I got a question about stamp duty, because I'm first house purchaser, I suppose to have 50% discount on stamp duty right? but lawyer insist me to pay full amount before discount to her so that she only go apply for the 50% off to me, she said not everyone can successfully apply for 50% discount....so I wan ask you is that true? I need to pay her the full amount before I get the discount?  sad.gif
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Nonsense! You only pay stamp duty when the valuation come back from govt.



This post has been edited by jalsrix: Dec 7 2011, 11:16 PM
SUSjalsrix
post Dec 12 2011, 12:20 PM

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Dario

I have a problem here as I don't know who to report - bank negara or lawyer association.

1. The lawyer told me the bank only gave the cheque to them on 4 dec.

2. The bank told me the lawyer only collected cheque on 4 dec.

Both sides are blaming each other.

But the interest was calculated from 28 nov as the amount disbursed.

Why should I pay 1 week interest when the money is not even disbursed to my seller or lawyer ?

The lawyer is part of the official panel of lawyers from the bank.


Both are irresponsible parties, who do I complain to ? bank negara or lawyer association ?
SUSjalsrix
post Dec 12 2011, 07:59 PM

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QUOTE(dariofoo @ Dec 12 2011, 06:49 PM)
Get the correspondence to see who's at fault. Look at date of letter by bank and date of collection.

How much was the interest?
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that is a difficult thing to do cause my lawyer didn't get official letter from bank.

This post has been edited by jalsrix: Dec 12 2011, 10:04 PM
SUSjalsrix
post Dec 13 2011, 09:37 AM

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QUOTE(dariofoo @ Dec 12 2011, 11:33 PM)

Surely when the bank issued the cheque there would be a cover letter annexed to it,right? Or perhaps an advise slip?  hmm.gif
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My lawyer didn't give me the cover letter or advice slip and they are very unfriendly/unhelpful.

Interest is not much but it is matter of ethics. Anyway, I try to get the cover letter from bank instead.

Thanks


SUSjalsrix
post Dec 15 2011, 11:48 PM

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dario

Is it better to sign S&P next year or this year for the buyer ? Since it is december already.

Will the lawyer tax be 5% or 6% next year ?

Will we still need to pay for ckht 2a next year ?

I am trying to save money ....
SUSjalsrix
post Dec 20 2011, 09:00 PM

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Can anybody tell me how many pages is the income tax ckht2a form ?

if the buyer fills up himself, is it difficult ?

why the lawyer charge me rm 200 if it is simple ?
SUSjalsrix
post Jan 2 2012, 03:17 PM

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Dariofoo, happy new year !

Can you tell me where I can get the buyer CKHT income tax form.
I am trying to save money by filling it up myself. Can I download it ? Will the income tax dept accept printer printed forms ?


After I have filled it up, what document do I need to obtain from income tax dept to hand to my lawyer so he can process my MOT ?


SUSjalsrix
post Jan 3 2012, 09:41 PM

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QUOTE(dariofoo @ Jan 2 2012, 10:54 PM)
You can download it from LHDN website.

Yes, they accept printed forms.

You don't need to pass to your lawyer anything. Submission of CKHT forms has nothing to do with MOT.
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Then how will my lawyer know that the buyer has actually submitted it ? Isn't it mandatory to submit ?

The buyer can just lie to the lawyer that he has submitted but actually has not. What are the consequences for the buyer ?


SUSjalsrix
post Jan 5 2012, 12:06 PM

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QUOTE(dariofoo @ Jan 2 2012, 10:54 PM)
You can download it from LHDN website.

Yes, they accept printed forms.

You don't need to pass to your lawyer anything. Submission of CKHT forms has nothing to do with MOT.
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I can't find it in the website,.

Can u please paste the link here ?
SUSjalsrix
post Jan 5 2012, 05:26 PM

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QUOTE(dariofoo @ Jan 5 2012, 01:26 PM)
Here's another link where you can get all the forms:

http://www.selangorbar.org/content_dtl.php?id=14886

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For buyer portion, is it CKHT 2A ?
SUSjalsrix
post Jan 11 2012, 05:06 PM

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dariofoo

If I have asked my lawyer to prepare the S&P but haven't signed it or pay any deposit yet.

Do I need to pay my lawyer anything if I decided to cancel to buy the house ?

Because my lawyer spend some time preparing it, what do I need to pay ?
SUSjalsrix
post Jan 11 2012, 09:22 PM

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QUOTE(dariofoo @ Jan 11 2012, 07:04 PM)
Normally if it is aborted half-way after it has been executed, half of fees would be paid (or refunded back, if paid in full). That is customary practice.

In this case, you need to discuss with the lawyer. If it is your usual lawyer and you're going to use him again in the near future for another property, I'm sure he would not make a big deal out of it.

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What do you mean 'half of fees' ? Do you mean the lawyer S&P fees ?

But the S&P isn't signed by any party yet.

He has prepared draft S&P and vendor is looking at the draft.
SUSjalsrix
post Feb 8 2012, 03:47 PM

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Dariofoo


Is it possible to transfer the car park from one apartment unit to another apartment unit ?

Both apartments have the same owner.


What is the cost of transfer if no S&P is involved ?



This post has been edited by jalsrix: Feb 8 2012, 03:49 PM
SUSjalsrix
post Feb 8 2012, 03:49 PM

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Added on February 8, 2012, 3:48 pm
QUOTE(Mlchoo @ Feb 8 2012, 10:25 AM)
I need advice from all the sifus here.

My tenant wishes to break lease. Its a 2 yrs lease and they have occupied for about 10 months. Can I know what I can claim from them besides forfeiting the 2 months deposit. Must I return the utilities deposit? Must they give 1 months notice before termination? Can I claim back the commission paid to the agent (pro rated)?

Any other advice is most appreciated.
Thanks.
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You can only forfeit the 2 months deposit.

You must return the utilities deposit.

The agent will not pay you back anything because it is your tenancy agreement between you and tenant.
SUSjalsrix
post Jul 4 2012, 07:07 AM

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Dear dario


My lawyer is protecting the vendor more than me (the purchaser).

The vendor has been delaying signing the S&P for more than one month.(even though real estate agent letter say must be within 14 working days)

Recently, my lawyer asked me to sign S&P and give remaining 7% deposit. Even add the condition of 5 working days for vendor to sign.

But this has also been exceeded and my lawyer still don't want to get back my 10% deposit.

What should i do ?

Is it legal for me to demand my 10% back even though vendor agree to sign verbally (but number of days are exceeded)


SUSjalsrix
post Jul 12 2012, 02:29 PM

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Dariofoo


The real property gains tax is calculated from which date ?

a. S&P date

b. date of letter of consent from land office (if required)

c. date of transfer of purchaser name on land/strata title.

This post has been edited by jalsrix: Jul 12 2012, 02:30 PM
SUSjalsrix
post Jul 31 2012, 11:19 PM

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dario


If owner pays service fee monthly without fail but his apartment has been broken into.

Can he win compensation if he decide to sue ?

Do you have any experience on this ?
SUSjalsrix
post Aug 1 2012, 09:01 AM

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QUOTE(dariofoo @ Aug 1 2012, 12:31 AM)
There are lots of cases like these. Some win, some lose.

Few things to take into account:

1. Sue the right party. The right party would be the JMB or the MC, not the security company.

2. The suit is for negligence. JMB would have to be shown to be negligent by appointing a security company whihc is not up to par. The test is objective. One needs to look at the facts of the case first. What were the precautions taken by JMB ? How many guards, security system, CCTV, access cards etc. Did they fail to take precautions?

3. JMB is not respnsible for the safety and security of private units. They are only responsible for the common property only.  However, if the access point and entry point into the condo is guarded by individuals appointed by the JMB, then they have a duty to check and inspect the guests that enter. It would be a stronger case if it was an inside job, i.e. the guards themselves did it.

4. Losses must be proven specifically with documents. Jewelry lost? Produce receipt. Cash? Show bank accounts. Other items - must show receipts or it may be deemed to be an afterthought.

5. Does the JMb have money? This is important. No point obtaining a paper judgment.

It will not be easy to successfully sue the JMB, so proper preparation and gathering of evidence is very important before deciding whether to proceed.
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3. What do you mean by responsible for common property only ? If owner unit is broken in, it is a private unit.

5. MC said they don't have much money to buy CCTV or hire more guards, can that be taken as good excuse ?

Every month, there are few break-ins during the past year.

This post has been edited by jalsrix: Aug 1 2012, 09:03 AM

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