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

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SUStikaram
post Sep 3 2012, 02:38 PM

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Dear DarioFoo

Recently I have sold one freehold House. ( subsale just vp this july)

Buyer and seller using the same lawyer.

Our lawyer have received redemption statement from my bank ( 2nd Aug). Now asking me to get a copy of the certified true copy of the title for them to submit to Lembaga hasil to do the adjuication.

But My Bank saying they don't give any copy as the copy is located in their center HQ.

I wanted to ask.

1)Can I go to " Pej tanah" to get a certified true copy title
2)Why the lawyer can't get a runner to get a copy from pejabat tanah? Isn't it this fees already billed to seller legal fees?
3)What should I do if the lawyer not doing its suppose to do, ie complete the process within 3 months and blame me can't get the certified true copy of the title from my bank?
4) Is My bank telling the thruth " don't give any copy of the title as the copy is located in their center HQ" or the officer just lazy.( I have the photocopy of the title. But Can't get bank to do "certified true copy".)

I have done 5 subsale. But this is the only time lawyer asked me to get ctc from financiar.

many thanks in return for the help notworthy.gif

This post has been edited by tikaram: Sep 3 2012, 03:36 PM
SUStikaram
post Sep 4 2012, 02:23 PM

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QUOTE(dariofoo @ Sep 4 2012, 12:57 PM)
First things first, photocopy of title is more than enough for purposes of submission to LHDN for adjudiction. Alternatively, a title search, which would have been conducted by the purc's lawyer for their own client, would be acceptable as well.

Secondly, there is no concept of using same lawyer or sharing lawyer. This lawyer is acting for the purc, and not you. You merely authorised him (if any) to do the discharge of charge and CKHT. He acts for the best interests of the purc, and not you. You are deemed to be unrepresented.

My opinion is that this lawyer is trying to buy time and extend the completion date in favour of the purc. Look at your SPA for a clause where it would be stated that it is your duty to provide a copy of the title to the purc's lawyer within xx time, failing which the completion date would be extended. If there is such a clause, then it would be to your detriment as time extended means a further delay for you to get your balance purc price.

1. Yes you can.
2. Check your bill for an item - CTC Title. It would cost RM50 or so. Do not confuse this with title search which would cost RM30 (but is normally marked up to RM50-60). If there is such an item, then it is their duty to do so, not yours. Otherwise, it would be your duty to obtain a CTC and hand it to them (do check your SPA for that clause as well).

3. As explained above, it depends on what is stated in the SPA and it is not the purc's lawyers duty to remind you or inform you to do your part on your own (since you decided to remain unrepresented). So, if you fail to act within the limit prescribed, then the completion date would be extended.

4. Your guess is as good as mine.

Conclusion - if there is nothing in the SPA which states that you have to give a CTC of the title to the purc's lawyer, then there is no need to do so. If yes, check if it is billed to you for the purc's lawyer to obtain it for you. Otherwise, you need to do it on your own.
*
Thank you very much. notworthy.gif

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