hi dario

to cut a long story short, i sold a leasehold landed prop with title to a pakistani..ok, fast forward 8 months later, the deal is not completed yet..

i) the buyer threatened to break the lock to the property and start renovation as he blamed my lawyer for the delay...can i make a police report if he does?

ii) currently we are at the stage where we are waiting for the discharge to charge docs to be sent back to the lawyer as the docs are with the bank. Both the vendor and the buyer used the same bank..

Could you summarize for me what would be the next steps to completion from step ii of above?

Thank you

thanks..
i) duration for completion is 6 months from date of consent..so due date for completion is actually end of june 2012..now that it looks like that the completion cannot be done within this time frame, then there will be interest imposed as per S&P..the problem is that the purchasers' lawyer has been delaying some of the processes, and has told the purchaser that the fault lies with my lawyer so now lots of finger pointing..

MY LAWYER SAYS to me :- The discharge of charge is sent to your Bank on the
basis they have received the redemption sum and to return to us
together with original security documents for our onward transmission
to Purchaser's Financier's solicitors UNQUOTE

So what is the next step once the docs have been sent to the purchasers financier's solicitors? is it Registration?



unfortunately the purchaser does not understand the process or have not been advised adequately by his lawyers and have been accusing everyone of delaying the completion..

well, Dario, at least I learned something from this episode..

This post has been edited by nookie188: Jun 25 2012, 03:59 PM

ok, understand - just that there is a discrepancy between what my lawyer said and your answer in your last reply..so wanted clarification..
that is all..

do you have a post somewhere that outlined the process for selling a prop right from the beginning till completion ie leasehold landed with title??

hi Dario

pending completion of the house which is at its final leg (waiting for final disbursement from the purchaser's bank to seller's lawyer)
can the buyer terminate TNB and Syabas accounts ?
rationale was that since no one was staying on the property, might as well do it and the buyer can apply for new accounts upon completion...

Thanks

gosh..sorry. ..my mistake .should have my kepala checked!

I meant can the SELLER terminate the electricity and water supplies first before completion since no one is in the premise..?

oops am the seller...
I thought I will only inform the buyer upon completion to get the utilities reconnected under his name..

Thanks

-the thing is i have already disconnected the electricity and water and did not inform buyer prior to doing that..
but completion is still about one to 2 weeks away..i miscalculated the timing of the completion
due to busy travelling schedule and thought that if completion happened while i am on the road, my lawyer could hand the keys over to buyer's lawyer in my absence..the house is totally empty and there is no inventory list ..so sold as it is where it is..
(had to also terminate account as the TNB meter was faulty as i ended up with a RM300+ bill even tho the house was empty)..

anyway the buyer is now aware that the meters have been disconnected and get this, he made a police report that someone stole the meters.!.

before the SPA was signed, the house was empty until now. so no inspection is needed ?.

- since no completion yet, cant i just tell the seller to anyway go ahead and apply immediately to reconnect the utilities in his name?

- this seller is asking me to clean the house and cut the grass to make it habitable for him at completion and this is not in the agreement anyway, and i did not agree to do that verbally either...buyer has a half past six lawyer who is not helping matters..I dont wish to conclude this sale on a sour note ..

what is my legal obligation in this case?

Thanks

This post has been edited by nookie188: Jul 10 2012, 09:43 AM

Thanks Dario..

for the caveat, when will this usually be lifted by vendor's solicitors - shouldnt this be after completion?

yes, am the vendor ..

the caveat must have been lodged by the bank that provided me with the mortgage..but now that the loan has been redeemed, when will the caveat be
lifted? after the final disbursement due to me has been paid by the purchaser's bank?

what i dont understand is that since both the vendor and purchaser are using the same bank so why the need to discharge and then charge again?

oh ok, that makes sense..

thanks

thanks dario ..I find that some times in this world it does not pay to be nice as it could be interpreted by the other side as
"weakness" for which they will try to capitalize on it more by making more unreasonable ie crazy demands..
its not a standard procedure anyway to clean up a property that one has sold ...

the buyer has now padlocked the outside gate so does that means he is forcibly taking VP before completion? So let us say in a brief moment of madness,
i decide to get the house cleaned and grass mowed, i cant even get in so macam mana?

guess he has to take me to court to get the lawn mowed and the house cleaned!

my lawyer is getting exasperated .

the buyer got his half past six lawyer to write us a letter demanding that we made good of the
"defects" (?) or otherwise he is going to do it himself and send the bill to us...i know he does not have a case but i think i am dealing with someone who is actually quite mad to put it mildly..

lesson learned - think twice about selling your prop to certain foreigners ...my lawyer warned me about it but i did not heed her advice..

he padlocked the gate to prevent me from "stealing" the house i reckon!

no idea what "defects" he was refering to as his lawyer did not specify details ..secondly purchaser has no access to the inside of the house yet..
the walls of the house and gate were still there the last i checked..

think he just wanna find fault with me as he is trying to wriggle his way out from paying interest on late completion ...delay due to his lawyer sitting
on the case..

yes, as per spa, house sold on an as is where is basis...his lawyer should explain to him what this mean exactly but he probably does not know either
otherwise he wouldnt have written that ridiculous letter in the first place..when the spa was drafted by my lawyer, his lawyer did not make any amendments
whatsoever - just told my lawyer to just go ahead..not even sure whether he read thru it !

have requested my lawyer to reply to them..need to build up a trail of correspondences just in case..

thanks for all your help..

Hi Dario


1)if the strata title of a property is out, whether or not the owner can transfer direct to the subsequent buyer depends on the developer's consent?

2) if the owner does not hv the title transferred to his/her name within the deadline, what are the consequences if any?


thanks

1) since strata title is out, the owner is to execute MOT with developer to get the title registered in owner's name..if owner decides to delay the registration to save on stamp duty as the unit is for sale, is developer's consent for direct transfer required?

2) deadline under clause 40A (2) of the Strata titles Act 1985 ...

Hi Dario

Bought a condo about 3 years ago from the secondary market..
now title is out..

do i have to pay stamp duty to register the title in my name??

tks

deleted]

This post has been edited by nookie188: Aug 6 2012, 10:03 AM

I have an existing tenancy that says that the tenure of rental is 1+1 years - now that the tenancy is going to expire in 2 months, the agent is calling to say that
the tenant would like to continue renting into the 2nd year..

However, the agent is demanding that I pay him another 1/2 mth rental for the 2nd year but I did not indicate verbally nor in writing my agreement to this fee at any time. I understand that usually the one month agency fee is for a tenancy agreement of 1 to 2 years which has been paid prior to the commencement of the tenancy.

Please advise what are my rights in this situation.

thanks

yes, will do so..thanks for your assistance!

Dario boss

for loan docs relating to the purchase of a l/h prop under construction is

i) is it necessary for a caveat to be lodged by me (purchaser)?
ii) what is "registration fee for PA/SOD"?
iii) title search ?
iv) winding search?
v) bankruptcy search?

am refering to a quotations by loan lawyers that included the above costs

just want to avoid paying for unnecessary charges..

thank you

---

Added on November 13, 2012, 4:09 pm
Dario boss

have another query - if there is a discrepancy in S&P and Deed of Mutual covenants with regards to facilities to be provided in a strata
development, which of this 2 docs under the law will be binding?

Thanks

This post has been edited by nookie188: Nov 13 2012, 04:09 PM