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 Tiara east semenyih, double storey house

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cfa28
post Feb 9 2015, 11:40 AM

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QUOTE(cheryee @ Feb 9 2015, 11:38 AM)
Different loan amount will give u different legal fees on the MOC. How much was your loan amount?

This lawyer is charging based on SRO, ikut bulat2, no over-charging.
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> RM700K

Should be higher than TE

So the Lawyer just bulat bulat from SRO without any discount of 50% / 75%?

Can buyers demand for discount - else better off appointing new Lawyer if no discount is given


cfa28
post Feb 9 2015, 11:54 AM

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QUOTE(cheryee @ Feb 9 2015, 11:43 AM)
Discount is prohibited under SRO la TK!
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you just say in earlier post if its the same Lawyer as SPA / Loan there is allowed discount

My point is if the MOT Lawyer is the same as the SPA / Loan Lawyer is charging same fees without any 'official discount', its better to pay another Lawyer to do the job.


cfa28
post Feb 9 2015, 02:25 PM

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QUOTE(samkps @ Feb 9 2015, 01:05 PM)
TH still under construction, how come you already paid your MOT?

According to TKJ, I think the payment is as following:

Let say for a RM 777778 SPA price with RM 700000.20 bank loan (90% MOF) and using the existing lawyer who handling your loan and SPA.

Legal handling rate - 25%
Legal fee for Memorandom of Transfer : RM 1562.03 (25% of legal fee of SPA)
Legal fee for Memorandom of Charge: RM 1337.50 (25% of legal fee of loan agreement)
6% gov tax - RM 175.47

There also will be additional fees (RM 500 - RM 1,000) incur for MOT registration, search and other mich expenses such as printing, transport etc...

This is the legal fees for MOT, not the legal fees for Loan agreement...
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TH is under construction but title is ready for TRansfer already.

Paid RM18K++ for MOT including RM500 for Legal Fees and RM360++ for the Form 16A earlier for Loan Agreement
cfa28
post Feb 9 2015, 03:01 PM

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QUOTE(samkps @ Feb 9 2015, 02:58 PM)
Oic.. does TH absorb any MOT legal fees? Mind to share the invoice for the MOT legal fees?
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TH only gave Free Legal Fees on SPA in addition to the 3% + 2% rebate

Loan Legal Fees - borne by Buyer / Borrower together with Stamp Duty @ 0.50%

Loan Legal Fees - based on SRO with the standard allowed discounts for buying from Developer under HDA


MOT - also borne by Buyer


cfa28
post Feb 9 2015, 03:39 PM

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QUOTE(samkps @ Feb 9 2015, 03:27 PM)
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...  hmm.gif  hmm.gif

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...
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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

Cos when doing Loan Agreement - you need to do the Charge, Discharge etc

The Loan Agreement is a standard template that the Lawyer buys from the Bank.

This post has been edited by cfa28: Feb 9 2015, 03:53 PM
cfa28
post Feb 9 2015, 04:02 PM

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QUOTE(samkps @ Feb 9 2015, 03:54 PM)
Form 16A is for MOC, how about your Form 14A (MOT)?

Your lawyer didn't provide an invoice for MOT, most likely he is not following the SRO...

By referring to the SRO, sixth schedule, item 2 in this document, I think what's has been mentioned by TKJ is valid.. Your lawyer is not charging according to SRO, though it is good for the purchaser (instead pay 2.7k but pay 500 instead), but is "immoral" in the legal profession...

http://www.hba.org.my/faq/solicitor/Solici...onOrder2006.pdf

Nevertheless, charging less is not means breaking the rule, coz the term mention that "NOT EXCEEDING 25%", 5% is considered not exceeding 25% too... RM 200 is the minimum..

But if charging 25%, it is following the SRO, nothing wrong as well..
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Sorry Bro, no 14A in my Loan Invoice.

Means TH Lawyer is offering good deal
cfa28
post Feb 9 2015, 04:07 PM

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QUOTE(samkps @ Feb 9 2015, 04:05 PM)
Now make sense.. How about form 16A instead? Any legal fees incurred?  hmm.gif
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RM365 only

QUOTE(samkps @ Feb 9 2015, 04:05 PM)
Now make sense.. How about form 16A instead? Any legal fees incurred?  hmm.gif
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Based on SRO with 35% discount for buying under HDA

This post has been edited by cfa28: Feb 9 2015, 04:08 PM

 

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