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 Lawyer's Corner v2, One-stop centre for any legal queries

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temptation1314
post Feb 28 2012, 08:31 AM

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Hi all, need some advise here.

I'm buying 2nd hand leasehold apartment here. Loan from bank already approve but I have yet to meet up with owner to draw SnP. I just reviewed the legal fees calculator on the 1st page. The property price is below RM100k, which mean the total legal fees + stamp duty should be 2% of the property price. Am I right?

I'm asking because I need to prepare this sum of money when I go to meet the owner.

Also on 2nd question, I decided to withdraw my Acc2 from EPF for downpayment. From what I read, I need to have :
1. The Form
2. My IC
3. New SnP with my name on it
4. Loan approval form
5. Bank statement
6. Title Deed in seller name with letter of consent OR Title Deed in my name

My question is how do I proceed with getting the title deed and letter of consent? Should I ask this from the seller? Can I just print the bank statement from Maybank2u and submit?

sweat.gif paiseh, totally new in these things. I have done my googling around but come to nothing. :S

Thanks notworthy.gif
temptation1314
post Feb 28 2012, 02:55 PM

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QUOTE(dariofoo @ Feb 28 2012, 11:56 AM)
Not sure where you got 2% from but the scale is on this page of the link itself:

http://www.elawyer.com.my/legal_calculator_info.php

So do check again.

Seller has to give you the title deed, but the consent to transfer may take a few months after you execute the SPA and the vendor has the duty to obtain consent to transfer. So I don't think you can withdraw from EPF to make the downpayment. Unless the vendor is the generous type who can give you extra time to pay the balance deposit when signing the SPA. Normally you'd have to pay 10% minimum when signing the SPA. So either the vendor grants you extension, or you need to find another way to come up with the deposit.

Bank statement - yes you can get it printed from m2u but if i'm not mistaken a lawyer needs to CTC it first.

Basically, you need the SPA to be executed first before you can make your application for withdrawal.

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Hi Dario,

Thanks. That 2% I get from the link you posted.

Legal Fees - 1% of the purchase price AND
Stamp Duty - 1% of the purchase price

So total I have to pay is 2%. Am I correct?

As for the EPF withdrawal, I will talk with the vendor when I meet up with her.
temptation1314
post Feb 28 2012, 03:26 PM

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QUOTE(dariofoo @ Feb 28 2012, 03:15 PM)
doh.gif  Silly me  doh.gif

I thought you meant 2% for both. Well yes that calculation of yours is correct. If this is your first property purchase, you get 50% off stamp duty, so knock off another RM500.00 from stamp duty calculation.

Don't forget legal fees and stamp duty for loan documentation. Same scale for legal fees (based on loan sum). For stamp duty on facility agreement, it is 0.5% of loan sum AND you get another 50% off from that as it is your first purchase.

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Ok thanks bro. I think for the loan documentation, I have asked the banker to finance them together with my loan package. I haven't sign or meet them up yet to look into this.

Anyway. Thanks a lot for the reply. Appreciate it much! notworthy.gif
temptation1314
post Mar 12 2012, 04:40 PM

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@dario,

I just got a call from lawyer, :S Not sure why I have to pay so much for the lawyer fee.

Here the purchase price - RM82,000 and MOF @ 90%
I have paid RM500 to the lawyer as deposit.

Now they quoting me back that I have to pay RM2.3k+ more after the 50% stamp duty for first time house buyer.

Last I check on the first page with legal fees calculator was 2%(1% legal fees, 1% stamp duty) for my case, which is RM1,640 - 50% stamp duty which is RM1230 - RM500 deposit = RM730

Which means I'm overpaying RM1.5k more, which they claim they help me hand over income tax documents and etc. :S I already have income tax open all these years, so why do they need to "help me" to handover?
temptation1314
post Mar 13 2012, 03:20 PM

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QUOTE(dariofoo @ Mar 13 2012, 02:27 PM)
That is Form CKHT 2A, which the lawyer entitled to charge RM200/pax. It is compulsory to file it.

You must also include 6% service tax, and other disbursements like searches, travelling, stamp duty on SPA, postage, courier, and other misc costs.

Best to get a quotation on them with the breakdown of fees. That is how it is commonly done. Then you can compare it with the many samples and comments in v1 of this thread.
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Hi Dario, I have asked but they do not have quotation. Very funny indeed.

Anyway. They breakdown to the part of submitting Form CKHT 2A for me and my Wife and charging RM500++ for it.

So I told them I will submit them myself.
temptation1314
post Mar 13 2012, 09:03 PM

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@dariofoo,

This Saturday I'm gonna sign the new SnP with the buyer and her lawyer.

I have opted to send the CKHT 2A form myself. From some "intensive" read thru the web, I learn a few stuffs. Need your advise to see if this is true. I have yet to pay 10% or anything to the seller yet.

1) Do I need to hold 2% and pay the remaining 8% to the seller and remit the 2% to IRD?

2) If seller are able to provide Form CKHT 3 to me, do I still need to withhold the 2% money?

Thanks.
temptation1314
post Mar 14 2012, 10:27 AM

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^Yes that's why I tell them to submit those myself.

The lawyer I'm dealing with is the seller's lawyer. Kind of regret a bit of not listening to my parents and look for my own lawyer instead.

Now I need to know if I have the right to hold 2% of the 10% downpayment if there's no CKHT Form 3 provided. Let's wait for dariofoo to come in and reply. Still got sometime till this Saturday. smile.gif
temptation1314
post Mar 14 2012, 12:16 PM

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@dariofoo,

Thanks for the advice. Yes I know this might turn unfavourable to me, so i'm collecting all the information I can before proceeding with this lawyers.

Will be aware before signing SNP with these guys.

The seller are actually an OK person, also she is OK for not accepting any deposit/booking fee from me.

We only proceed all these after the loan from bank is approved.

I shall reply the outcome this Saturday if condition permits. Provided i'm not agitated to the point of killing the lawyers. sweat.gif LOL

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