Lawyer's Corner v2, One-stop centre for any legal queries
Lawyer's Corner v2, One-stop centre for any legal queries
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Dec 7 2011, 03:11 PM
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#1
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
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?
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Dec 7 2011, 06:44 PM
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#2
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
QUOTE(jalsrix @ Dec 7 2011, 03:54 PM) Nonsense! You only pay stamp duty when the valuation come back from govt. I think you had better switch lawyer, if you want better lawyer, PM me. QUOTE(property4all @ Dec 7 2011, 04:38 PM) this is correct. the lawyer should be using the STAMPS system, meaning electronic assessment, before you pay any money to anyone. the lawyer is telling you nonsense. Means I only have to pay the lawyer 50% of the stamp duty right?http://www.hasil.gov.my/goindex.php?kump=2...1&unit=7&sequ=1 |
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Dec 8 2011, 11:03 AM
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#3
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
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Dec 9 2011, 09:15 AM
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#4
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
QUOTE(dariofoo @ Dec 8 2011, 03:42 PM) You must understand that the rebate is not automatic. You have to apply for it together when your MOT/DOA is submitted for adjudication. Once LHDN is satisfied that you fulfil the requirements, they will state the stamp duty payable and that sum will be 50% of the stamp duty payable under normal circumstances. There have been cases where applications have been rejected. Dario, thanks for the clear explanation, wouldn't you mind to explain what is mean by "If the vendor's property is still encumbered or not"? Now, two scenarios: 1) If the vendor's property is still encumbered. Then the financier's solicitors will request for confirmation from your SPA lawyer whether you have deposited the estimated stamp duty payable with the SPA lawyer before first drawdown to redeem the vendor's loan can be issued. As such, you need to deposit it much earlier in your SPA lawyer's client account. A prudent lawyer would collect in full, as there's no guarantee that the application for rebate has been approved. 2) if the vendor's property is not encumbered. Then there is no need for the confirmation as the MOT/DOA can be directly sent to LHDN for adjudication. Once again, A prudent lawyer would collect in full, as there's no guarantee that the application for rebate has been approved. If only 50% is collected and if the application is rejected, things would be at a standstill until the purchaser coughs up the balance 50% payable. A prudent lawyer can skip the hassle of that and merely pay up in full what has been collected from the client. Having said so, there are lawyers who just collect 50% stamp duty from the client. It's just that your lawyer doesn't operate that way. In a nutshell, do not have any adverse conclusion against your lawyer. He is just being prudent by demanding for the full sum to be deposited with him as stakeholder. It's not like he can play with the money. If the application for rebate has been approved, the lawyer can refund the money to you, and all will be ok, |
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Jan 30 2012, 12:18 PM
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#5
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
Hi Dario, Gong Xi Fatt Cai to you. I got a question here. My Snp dated 22 November 2011 which will be due on next month, I called my lawyer to ask the status of loan release, I ask her if the loan havent release after the snp date, will I get penalty? She said no, the 3+1 months will be only start calculating after she get the consent from developer, not calculate from the snp date...I'm confuse, I thought once over 3 months from the snp date, I will get penalty from vendor? Hope you can clarify for me? Thanks you!
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Apr 7 2012, 09:10 AM
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#6
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
Dario, how are you?
For my case, my bank has released the first payment to the vendor, now I'm waiting for the second release. There's been over one month ++ since the first release, I call the lawyer she said they are waiting for original document, I ask her what is this she didnt explain to me clearly. I wanna ask you Dario, what is original document actually? I can't wait for doing renovation of my apartment, can I request keys from her to do my renovation instead of waiting the second release? Hope you can give me some advice! Thanks! |
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Apr 10 2012, 02:45 PM
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#7
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
QUOTE(dariofoo @ Apr 10 2012, 10:53 AM) Original documents would refer to the original SPA between vendor and developer (or previous owner), original loan agreement, original deed of assignment (and all previous ones, if any), original power of attorney, original title and charge (if there's individual title). So what you mean is I should ask the vendor for key instead of lawyer?Whether you can request for keys is up to the vendor, or depending on what is stated in your SPA. |
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Apr 13 2012, 09:44 AM
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#8
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
QUOTE(dariofoo @ Apr 10 2012, 11:45 PM) No, what I meant was it is the vendor who decides if you can get the keys early. Of course you would still need to go through your lawyer to ask the vendor or the vendor's lawyer as one should always go through the proper channels. Thanks Dario, since I have started to pay the interested before I got the key, the snp lawyer told me that I should pay this progressive interest wo...is that true?? But now is their problem to slow down the process, why I should pay this progressive interest? |
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May 7 2012, 11:27 AM
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#9
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
Hi Dario, since the bank has released first payment for my apartment, now I have to pay the interest, I wanna ask you that this interest that I pay got deduct from the house loan? Or this interest I pay for nothing? Thanks
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Jun 1 2012, 11:31 AM
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#10
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
Hi Dario, good day to you...I wanna ask you, once I take the key, after I inspect the house and if I found out it got defect, how long time I able to complaint to the ex house owner to fix it? Should I complaint thru lawyer or direct complaint to ex owner? thanks!
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Jun 1 2012, 04:42 PM
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#11
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Senior Member
1,232 posts Joined: Dec 2005 From: Kuala Lumpur |
My lawyer said I should check the house before I sign snp or pay deposit...now nothing can do by them
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