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 MOT penalty fees, Need Opinion!

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cdspins
post Apr 15 2019, 09:52 PM

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Have a similar case with my purchase.

Get a chronological of event from both the loan lawyer and SPA lawyer (I believe SPA lawyer is also your lawyer, buyer lawyer?)
What about the seller lawyer?

Penalty fee is charged by who, usually it is charge by seller lawyer, please know whose lawyer represent who and the penalty is paid to who.

Read your SPA and load agreement to know more.
Usually, delay is delay, they don't care if land office issue or lawyer issue. Somebody is going to bare the mistake. If it is the lawyer that delay the submission or give error information, then you can ask the lawyer to bare the cost... but in order to do so, you must have evidence, so the chronology is important. If the lawyer submit late, submit wrong info, then they must bare the price

I suggest you pay the penalty first... but withhold the lawyer fee, or lawyer commission. Besides lawyer fee usually pay when transaction is completed. Once you have solid evidence, then deduct it from the lawyer fee
cdspins
post Apr 16 2019, 08:46 AM

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QUOTE(rush25 @ Apr 16 2019, 02:09 AM)
thanks cdspins

To answer your questions :

Got the chronological of event from the Loan Lawyer side since most of the time, they are the one "having issue" with the land office.
The issue now is the Lawyer blamed the "Land office" for causing the delay in getting the seach done in time. And they said that it is unfair if they have to bare the penalty for this. (written in the chronological timeline).
In the end decided to pay the penalty now mad.gif . Sadly, I've paid the lawyer fee in full earlier since I was thinking it would motivate them to fully support my transaction. Silly me for thinking so.

Plan to see whether can get the Loan Laywer to help submit an appeal instead.
Was wondering if there is any other legal approach to get this solved
*
The question here is the penalty is paid to who? The seller or the bank that disburse your loan?
If it is paid to seller, it should be SPA lawyer collecting on behalf of the seller. If it is the bank, then yes, it is paid to loan lawyer.

Talk directly to them and see if they are willing to reduce the penalty if it is really the land office's fault.
This loan lawyer is appointed by the bank or you get yourself? Usually if it is appointed by bank, it is quite efficient.

As you already paid loan lawyer fee in full, I guess unlikely the loan lawyer will do much for you because money already in their hand.
Never pay in full, especially when you start doing renovation... think positive, pay for tuition fee to learn a lesson biggrin.gif

By the way, if you are still want to give it a fight. Can complaint to Malaysia bar council
http://www.malaysianbar.org.my/contact/complaints/

 

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