Engaging a reliable lawyer is important ... this may be the only purchase and the most expensive financial commitment.

Many people prefer low cost lawyer and reliability is questionable when he take too many cases to cover cost and therefore unable to monitor all cases left to his Assistants.

Coming back to the case ....

1. You go to the land office personally where the title is located and do a Carian Rasmi ..... not Carian Persendirian. The search result can be different and also the cost involved. Carian Rasmi will have the signature of the Pegawai and is a proper search to do before you sign snp.

In a Carian Rasmi, if the caveat is not updated during the date of search by your lawyer, the land office can be held for your loss.

2. Request a copy of the search from your lawyer. The date of the search must be before you sign the snp. If your lawyer cannot produce it, then no search is done. If the caveat is entered before you sign snp, then your lawyer should face the hangman! ... the Bar Council. If is after you sign snp, then is not the fault of the lawyer eventhough no search is done. Your lawyer narrowly escape the hangman!

3. In your personal search, it will also show whether your lawyer has entered a caveat to protect your interest after signing the snp. If is done, then good. If not, send him to the hangman.

4. If your caveat entered by your lawyer is dated ahead of the other caveat, then you have your interest protected .... first come first serve. Otherwise, last come, last serve.

5. You should not have renovated the house even you were giving the keys. You are still not the registered owner. In the event the deal cannot be save, you have to bear the cost yourself. Right to stay and right to renovate are two different things

The dispute between husband and wife over a property can be a very long process. The wife is NOT interested in the share of the PROFIT from the sale. She wants 50% or more of the SELLING PRICE! which is alot of diff! Unless the husband can agree, then snp can he save. On the negative side, the wife may wants the house on the divorce settlement.

Otherwise, abort the purchase, ask the lawyer to get the vendor to refund the 10%. You will be lucky if the vendor have the money to refund or wants to refund....he has already handed you the house key.

If is the fault of the lawyer, discuss with him on how to compensate you. Be firm. Otherwise send him to the hangman.

If your lawyer is also acting for the vendor, whose interest is he going to safeguard?

As a paying client, you have every right to instruct your lawyer NOT to also represent the other party. If he tells you it saves time and paperwork, sack him and engage another lawyer to safeguard your interest.

Many people wants to save few thousand dollars in legal fees for few hundred thousand dollars transaction without realising the consequences if the problem like your occurs. Sens wise, Ringgit foolish!

Take this 'purchase' as an expensive lessson. No point living in a house with uncertainty of outcome ... according to the claim by the vendor's wife. Worst, if the vendor dies before settlement of divorce .... the process can even be more complicated.

I would suggest you also get advise from another lawyer.

This post has been edited by mini orchard: Mar 15 2018, 09:19 PM

The signed snp will not give the right to the buyer to occupy the property before settlement of the purchase price.

If there is such arrangement, is usually a personal arrangement between buyer and seller out of goodwill. And in most cases, a nominal rental is agreed.

Wish to update on my earlier post....

To blame the lawyer outright is not right without knowing the sequence of the case.

Eg. 1

10.12.17 - Lawyer did search. Title no caveat. Prepare snp.

12.12.17 - Vendor"s wife lodged caveat.

15.12.17 - Vendor and buyer signed snp

Eg. 2

10.12.17 - Lawyer did search. Title no caveat. Prepare snp.

15.12.17 - Vendor and buyer signed snp

17.12.17 - Buyer's lawyer lodged caveat

20.12.17 - Vendor's wife lodged caveat.

Lawyer at fault?

Bank cannot proceed because of a third party caveat. Borrower was informed accordingly.

If the lawyer cannot prove a search is done before sign snp, then he is at fault.

This post has been edited by mini orchard: Mar 16 2018, 12:06 AM

You cannot assumed the lawyer didnt check the land status. Ask him for proof of search. Is your right as a client.

You cannot minimise your problem. Your vendor can only help you in this case to settle with his wife and proceed with the snp.

Your lawyer can help you to get a court order to remove the caveat. More cost be incurred if is not lawyer fault. How long it takes, depends whether the wife is going to contest the removal.

If is your lawyer's fault, ask him for solution or compensation.
If he cant give either both, then lodged a report to the Bar Council. You follow up from there.

As for the reno, you took the risk, so you bear the cost if things dont work out when you have to hand over the house back to the seller.

This post has been edited by mini orchard: Mar 16 2018, 09:47 AM

Already given you some info to start. If still encounter problems, come back here and see who can help.

If you dont help yourself ... just leave it alone.

Maybe when dawn comes tomorrow, the sun rises from the west .... just maybe ... and all things settled.

This post has been edited by mini orchard: Mar 16 2018, 12:02 PM

Is good that you took an effort to seek the correct answer rather than pushing the blame to your lawyer.

Your hope now is for the vendor to settle with the wife.

Do update us on the progress as I also want to learn something from this.

Wish you for a good outcome. Do say a prayer every morning.

Private caveat can be lodged by anyone who has a caveatable interest. There is no restriction on the number of caveats. Caveats work on first come, first serve basis.

All parcel owners of a condo having only a master title can lodge a caveat pending issue of strata title to safeguard individual interest.

Private caveat can be removed by a court order if the court finds that the caveator has abused the right to caveat. The caveator must proof interest in the property to maintain the caveat, if it is challenged.

This post has been edited by mini orchard: Mar 21 2018, 05:14 PM

With all divorce cases, when love is gone .... money comes into picture.