hi dariofoo,

I just bought an 2nd hand house with 8 years, apartment, leashold. Paid 3% booking fee. Assigning lawyer to prepare S&P, and applying loan.

My Qs is:
1. Shall I use the same lawyer of seller? (seller use same lawyer with developer, in the process of MOT now) Seller intend to transfer the Strata to my name directly, as the MOT just start.
2. How do I ensure the house tax, indah water, water & elec bills has been clear before hand over to me? Is this lawyer job?
3. Agent & seller try to persuade me to use same lawyer, to save time & money. But I not sure which part to be exactly saving money. Can you help?

Many thanks.

Hi Darifoo,

1. The vendor actually agree to share 50/50 S&P fee with us. What is the disadvantages behind?

2. If I appoint the bank panel agency to handle S&P and housing loan, does it make the overall process faster and better?

Hi Dariafoo,

1.By impression vendor is kind, reason he wish i can use developer's panel lawyer is to get things settled faster because he is moving out from town soon. Besides he had paid certain amount for MOT and request lawyer to transfer the title directly to me, said this will save much of the time and my money since he had paid it. (is it true?) Thirdly when lawyer requested him to subsidy half of professional fee he agreed also. From above seems vendor does not have bad intention (i hope)

2.What bother me more is reliability of the developer's panel lawyer. If he is an ad-hoc lawyer, does it mean anything? If i appoint him as my SPA lawyer, how can i assure he will execute all obligations/duties in fair way by representing my rights i/o vendor's right? His quotation is simple, professional fee, stamp duty fee is usual, disbursement fee include Registration fees for MOT (with PA noting) RM420.00, Registration fees (Individual consent & master consent) RM150.00, Travelling RM100.00, Miscellaneous RM50.00. There are no land search, bankruptcy search, affirmation on statutory declaration and etc, should those be his duty and indicate on quotation?

Vendor is kind enough, understand there might have conflict using same lawyer, however i think there are standard manual that should abide by SPA lawyer, if it is written black and white then i would be relieved to appoint him.

Thanks for valuable time and advise

Hi Dario,

i read through topics you answered before, really big help for better understanding on the procedures/documents, will take your advise be careful not to fooled by vendor/SPA lawyer.

Dario, appreciate your effort and time put in for public, thanks a lot!

Cheers

Hi Dario,

where is the preocedure that need to get consent (from land office/or majlis perbandaran?) before 3+1 months of completion date stated on SPA? Thanks.

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.

Hi Dario,

In case vendor delay on above procedure (not giving original documents) and purchaser's bank starts charging interest. Can purchaser stipulate something on SPA that if such cicusmstances happen vendor is liable for the bank interest incurred? Thanks.