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Lawyer's Corner v2, One-stop centre for any legal queries
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kosinus
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 Feb 18 2012, 01:35 PM
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Getting Started
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Hi Dariofoo,
I got a situation here. I was in a process of buying a 2nd hand house 33 years ago. 10% deposit had been given to the owner. SNP was ready and signed. I've also singed bank agreement for loan. Everything went good.
After a while, bank has noticed me that the house cannot be bought due to the owner is declared bankrupt. It hangs there.
SNP lawyer suggested to sue the owner for not being honest not telling he is a bankrupt. But until today, nothing is done. I've taken my own initiative to deal with the owner for returning my deposit back as i didn't get the house and dont want to pursue my intention onto the house anymore. The owner agreed to pay back by installment. It's fine for me.
The thing is i've paid the lawyer. I would say he failed to do his job. Was he supposed to do property searching before proceed with anything e.g snp, etc? Can I get the money back frm the lawyer or my money is wasted already?
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kosinus
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Feb 20 2012, 08:51 AM
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Getting Started
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QUOTE(dariofoo @ Feb 19 2012, 09:49 PM) Your SPA lawyer is pretty smart - trying to deflect it and blame it on the vendor for not disclosing his bankruptcy. What the SPA lawyer ought to have done was to do a bankruptcy search on the vendor ASAP, preferrably before execution of the SPA and before the balance deposit changes hands. What you need to do now is to sue your SPA lawyer for negligence. What money back are you referring to? Legal fees or the deposit? Thanks for your feedback. I wish to have my legal fees back from the lawyer. I've settled deposit from the vendor after 3 years installment. What is the procedure to sue a lawyer? |
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kosinus
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Feb 21 2012, 01:03 PM
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Getting Started
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QUOTE(dariofoo @ Feb 20 2012, 11:52 AM) There's no special procedure. Just appoint a lawyer to do the necessary to file a civil suit in Court. You can also file a complaint with the A&S Disciplinary Board but that would be disciplinary action against the lawyer and has nothing to do with the fees, which you have to recover by way of a civil suit as stated above. However, a complaint, especially one which goes through and gets a hearing date fixed, would definitely put pressure on the lawyer to settle with you. Good luck.  I found out that to make a complaint at ASDB, they require fee for processing of non refundable RM100.00. Is it true?  |
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