Based on my understanding according to SRO:
1.) SPA legal fees (based on SPA price):
For the first RM150,000 1.0% (subject to a minimum fee of RM300)
For the next RM850,000 0.7%
For the next RM2,000,000 0.6%
For the next RM2,000,000 0.5%
For the next RM2,500,000 0.4%
Where the consideration or adjudicated value is in excess of RM 7,500,000 Negotiable on the excess
(but shall not exceed 0.4% of such excess)
---> TH pay for SPA legal fees, so no issue, but if buyer need to pay, for a 770k property, should be around 6k plus
2.) Loan legal fees (based on loan amount)
For the first RM150,000 1.0% (subject to a minimum fee of RM300)
For the next RM850,000 0.7%
For the next RM2,000,000 0.6%
For the next RM2,000,000 0.5%
For the next RM2,500,000 0.4%
Where the consideration or adjudicated value is in excess of RM 7,500,000 Negotiable on the excess
(but shall not exceed 0.4% of such excess)
----> Buyer pay, for a 700k loan, should be around 5k plus.
3.) MOT legal fees (based on legal fees of SPA and loan)
If choosing the lawyer who handling the SPA /Loan agreement, rate is 25%, or else 50%. Let's assume the former.
Memorandum of transfer (MOT) - 25% of SPA legal fee: 0.25 x 6k ~ 1.5k
Memorandum of charge (MOC) - 25% of loan legal fee: 0.25 x 5k ~ 1.25k
So total is RM 2.7k.
----> This is the confusion part, by right should be paying RM 2.7k for the MOT legal fees, how come you only pay RM 500 instead. That's why I am wondering if you can share your legal fees for MOT invoice...
I only put calculation of legal fees in this calculation and exclude all the stamp duty, registration/search fees and also misc fees (printing / transporation etc) for simplification...
Lawyer did not issue my Invoice for MOT, just a Letter. The Lawyer earlier said that they will only charge RM500 for Expenses and my workings confirmed that it was only MOT (based on 1% for first RM100K, + 2% for next RM400K + 3% exceeding RM500K) + RM500 for my MOT.
I checked my Loan Agreement Legal Fees and for Form 16A, which is equivalent to the Memorandum of Charge, it was only RM365 only.
Hence, I am also confused how much one should pay.
I find it MORALLY wrong if the same Lawyer who is doing the SPA and Loan Agreement wanna charge RM3K++ in Legal Fees just for the MOT.
All the work done is actually complimentary only and just like merely some minor additional work but charging an arm and an leg
Perhaps the Lawyer for TH really charged less but I was told it was standard practice to charge only RM500++ for MOT
But if buyer was given free Loan Fees, then maybe its justified to pay this fees else, I consider its as double payment
The Loan Agreement is a standard template that the Lawyer buys from the Bank.