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Lawyer's Corner v2, One-stop centre for any legal queries
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SUSleechers
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Dec 31 2011, 07:51 AM
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dario, altough this is not really a legal case, but i would like to seek for your advice.
as you may know, i am in the middle of buying an apartment, through an agent and this had come to the final step (hopefully) that is waiting for 1st release from the bank.
it is sub purchase, and the vendor (purchaser) keep chasing me about the payment, it already more than 10days (as promised by the bank, 10 working days for them to release payment) i am sub purchaser.
1. is it normal for the vendor to chase me, and not through agent? what is the purpose of the agent actually?
2. according to SPA, it is 3+1 from the date of getting the state consent, so i am not really worried but me too are really hopeful that i will be able to get the keys as fast as possible, so that i can proceed with with renovation etc.. should i worried that this process will pending at bank stage for quite a long period? this is maybank btw..
3. based on the receipt, the owner already made payment for maintenance etc to management office until december, let say i dont get the key by january 2012, do i need to pay for the management fee for january or do owner need to settle for it? according to agent i need to settle 3months of maintenance fee that is to pay back to owner for oct, nov and dis. is this normal practice?
please help
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SUSleechers
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Jan 1 2012, 04:02 AM
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QUOTE(dariofoo @ Jan 1 2012, 01:58 AM) 1. Vendor should buzz your lawyer, not you. Vendor should not have direct contact with you since you have a solicitor who is representing you. As for your query on purpose of agent - you'd better off asking an agent rather than here. 2. Sorry I don't get your question. 3. Owner settles all utilities up to date of surrender of keys. It will be pro-rated, though some vendors don't mind and round it up to the month to make it easier. Perhaps the 3 months maintenance refers to advance deposit required by the management office. I'd suggest that you ask your solicitor to just check with the office to see what the rules are. Don't just take the agent or vendor's words at face value. And ask for receipt for payment for January 2012 also. Your bank will require it for the final drawdown/release.  dario, thanks for your advice. appreciate it every bits. for no 2, it actually refers to 3+1 period of which further delay i will need to pay penalty for late payment, something like that, and based on S&P, it stated that the 3+1 starts from the date the state consent letter received, not the date S&P was signed. if im not mistaken the state consent letter received on end of november 2011, so should i need to worry for any late payment penalty?
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SUSleechers
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Jan 2 2012, 02:36 PM
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QUOTE(dariofoo @ Jan 2 2012, 01:35 PM) Well, you have another 2 months to go and as you said, bank is ready to release first drawdown. That's quite fast actually.  Thx dario. Really apprecite your advice.
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SUSleechers
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Jan 11 2012, 08:10 PM
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Dear dario, congrats on your new elite status, you deserve it.
As u might aware, i am in the middle of purchasing an apartment and it comes to almost the end, when the bank release first payment and will be follow by second/final release later on. I am relief that the whole process are actually quite fast and within timeframe given
Just one quick question, when i asked my lawyer about house key, she told me that i need to refund sinking fund back to vendor (previous owner). Is this normal and the right practice? Please advice. Thanks
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SUSleechers
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Jan 12 2012, 01:28 AM
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QUOTE(dariofoo @ Jan 11 2012, 10:49 PM) I don't she meant full refund. The normal scenario would be that all outgoings - maintenance, quit rent (if any), assessment, sinking fund, fire insurance, indah water etc would be pro-rated between you and the vendor. Example: Maintenance for April 2012 is RM150. SPA completed on 15th. So, you would need to pay maintenance from 16th-30th April (15 days). As such, you would need to refund half of maintenance for April to the vendor (15 out of 30 days). So you would need to pay RM75. Same goes for all utilities. If for full year - like quit rent, then you pro-rate on daily basis for the whole year. Your lawyer ought to do the necessary calculation for you.  Spa completed means all of the neccesary process completed until final payment? Or day of spa signed? No offense to u dario, since i think you are a lawyer (correct me if iam wrong) but can i trust the calculation done by lawyer regarding amount that i need to refund back?
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SUSleechers
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Jan 12 2012, 09:17 AM
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QUOTE(dariofoo @ Jan 12 2012, 08:47 AM) Date of completion of SPA would mean the date the vendor's lawyers receive the cheque for payment of the balance purchase price. Normally, within 3 working days from that date, vacant possession has to be surrendered to you. However, for the purpose of calculation - the date of receipt of the cheque by the vendor's lawyers would be deemed as the cut-off date. As such, from that date, you are considered the owner of the property. As such, you start to pay for all outgoings from that day onwards. You can always do your own calculation, just to double check. No issues with that. Just to be safe.  Thank you very much dario, i understand now. You are truly a life saver
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SUSleechers
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Jan 14 2012, 04:32 PM
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QUOTE(dariofoo @ Jan 11 2012, 11:07 PM) 1) Purchaser always appoint a lawyer to act on his behalf. No two ways about it. There's no such thing as "agent's lawyer" in SPA transactions. It's either vendor's lawyer or purchaser's lawyer. There's also no lawyer who sits in the middle and "ensures that the SPA shall be impartial". That is all hogwash. Ultimately, the SPA will have terms which side one party, whether a bit or a lot. It depends on how it is drafted and how it is ultimately approved and finalised. 2) Am sure that at the end of the day, you would be paying full fees for this lawyer. Vendor would not need to pay full fees and he needs to pay minimal fees only as the lawyer is supposed to be acting for you [read: protect your best interests]. So if the agent pushes this lawyer to you and at the same time says that the lawyer will prepare an impartial SPA, then it's time to get an independent lawyer of your own choice - ask friends and family for recommendations. 3) Yes it is a conflict of interest for a lawyer to purportedly act for two parties in the SPA. He can't act for both parties. He can act for purchaser and be authorised by the vendor to attend to the discharge of charge/deed of RnR and filing of CKHT forms [or to apply for consent, if applicable]. That's all. At the end of the day, your lawyer whom you are paying full scaled fees has to act for you. 4) If your SPA lawyer is on the bank's panel, you can insist that he does the loan as well, in order to save time and costs (disbursements can be reduced). Who pays the fees? Here's the reality in M'sia - the lawyer acts on behalf of the bank, but you pay the fees.To calculate legal fees - use the calculator in the first page. Fees are based on the purchase price or loan sum (when it comes to your loan documentation) dario, i bold out your statement, is this something right and parallel with law? can we challenge this? since the loan act on behalf of the bank, why should we pay for the fee? what is your opinion on this?
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SUSleechers
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Feb 4 2012, 02:03 AM
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Dario.
This is not entirely on hire purchase/ property problem but i post up here and hopefully you can give ways on how go deal with it. This problem actually faced by my friend
My friend actually will end up his rent this february (end of the month) and according to agreement final month will need not to pay and landlord will take one month deposit as payment.
However my friend mistakenly bank in the rental for february and now he already alert the landlord and requested her to refund back the money. She will return the money upon surrenderin the key and if any things that need to be fix she will deduct from the money. My friend disagree with it as it is not in the agreement at all. And fyi during tenancy period the house was sold to current landlord, and my friend did rent out from previous owner/landlord. And according to current landlord the she did not took the deposit from previous owner, however she did agree to my friend not to pay for final month, which in agreement the deposit will be render as the final payment.
Now another problem which occur about how this fiance of landlord raise up voices and ask my friend to get out of the house immidiately, which is impossible and improper since he is a family man with wife and child. I was there when this inciden happened and i am not happy the way my friend was treated.
My question is
1. Is it proper for landlord to deduct the money which was mistakenly bank in by my friend? Isnt it right for her to return back the money
2. About the threat from her fiance, what should we do to deal about it? He did not said anything obvious like wants to beat up, chop off etc but he did raised voices and intimidate and challenge my friend.
3. Please advice on how to deal with this whole scenario. If anyone have opinions on this please share. Thanks.
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SUSleechers
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Nov 6 2012, 11:29 AM
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Hi dario
I have a question and i think it is quite common but i just want to know how to go with it.
A friend of mine bought a property and still under construction. Just recently she received a letter claimed that she need to pay for late payment penalty. She took a loan which will pays to developer by stages completed.
So when she called developer, they said she need to pay since it is stated in the S&P. Any agreement with bank is between her and bank. When she called bank, they give excuse of incomplete documentation and they start fooling around pushing her here and there.
What i understand is that it is either bank or developer that should bear the cost not my friend. But how to deal with this problem? please advice. Thanks
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