Firstly, in relation to the deposit, 1% paid as earnest deposit, that leaves 9%.
Under the law, lawyer will have to retain 3% to be submitted to LHDN if RPGT is payable. Not retained in their own account.
The balance 6% is to be paid to you upon signing of SPA.
In your case, you mentioned that there is no tax payable. Have you owned the property for more than 5 years or did you elect for the once in a lifetime waiver? If you have, the lawyer is not supposed to retain the said 3% as you would have signed the Form CKHT3.
Based on what you have mentioned, there is something fishy going on.
Best you get a lawyer to represent you now. However, as you have signed the SPA without getting a lawyer previously, the terms and conditions will most likely not be in your favour.
As for paying off all maintenance etc, that is your duty.
Under the SPA, you will be required to handover vacant possession within a certain number of days. Please note that if you delay, you will need to pay late delivery interest. So definitely not a good idea. Release of the balance purchase price will also be conditional upon you delivering vacant possession.
This post has been edited by jason1986: Sep 14 2016, 09:34 PM
first time sell house - got bullied by lawyer :(, need advice
Sep 14 2016, 09:33 PM
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