I was told by SA the S&P legal fee will be paid by developer.

In this case, is it mean I only need to pay the SPA Stamp duty (MOT)?

SPA Stamp duty is not MOT

MOT = Memorandum of Transfer.

SPA = S&P = Sale And Purchase Agreement.

Reason why dev market as they pay S&P Agreement Legal fees is because it's cheap(ish).

Stamp Duty and Legal Fees for MOT quite expensive.

Thanks for your explanation.

I'M CONFUSED because many websites grouped the SPA legal fees with the MOT such as https://1-million-dollar-blog.com/calculato...uty-calculator/

SPA price is like 2K ? lel

and since developer means they engage same lawyer got quantity even cheaper for them.

This post has been edited by WaCKy-Angel: Oct 18 2019, 04:13 PM

How come this link showed legal fees are not fixed amount?

Can negotiate for discount if using same lawyer for S&P?

https://1-million-dollar-blog.com/calculato...uty-calculator/

Technically .. in preparing and signing a S&P agreement contract for a property transaction, both parties (seller and buyer) can choose to be represented by their lawyers or not at all. If both parties choose not to hire a lawyer, then the buyer MUST hire one (correct me if I am wrong here).

In your case, the seller (a developer):
1. Choose be represented by a lawyer for this transaction
2. Has a S&P contract that is used by all buyers drafted out beforehand.
3. Offers to handle the signing and stamping process

There is not much "free" legal fee here.
The seller choose to be represented by his own lawyer at his own volition.
The seller has drafted an contract where the terms and conditions are more likely to be favorable to the seller than the buyer.

If you were to take the "free" legal fee offer, then you will be represented by yourself. You will have to vet the terms and conditions in the contract yourself. Even if you found some unfavorable, impractical, vague, or erroneous terms, your feedback would be ignored simply with the remarks like "this is standard contract", "it is prepared by lawyer, you are not lawyer, what do you know?", and "take it or leave it". Also, my favorite respond from Sales Assistant: "i have been in business for x years, there is no one like you who vet contract".

If you have a lawyer to vet your contract, people are more likely to entertain your feedback. However, the chances of amending a developer's S&P contract is quite low (usually met with a "take it or leave it" respond). The chances of clarifying terms and conditions that are not properly written in S&P is okay.
Depending on what you pay your lawyer, your lawyer could follow up with issues and progress monitoring, preparing the loan agreement, filing complaints, and getting property title under your name.

References:
https://www.thestar.com.my/business/busines...s--fact-or-myth
https://www.thestar.com.my/opinion/letters/...e-sp-agreements
https://www.malaysianbar.org.my/conveyancin...ransaction.html
http://www.hba.org.my/faq/fees.htm

This post has been edited by pcnk1337: Oct 18 2019, 06:05 PM

TLDR bro haha.

Developer Sale And Purchase agreements are regulated by the Housing Developers Act or in Sarawak, the Ordinance.

It is true that it is "standard" 90% of the portion. Also for developer cases they will insist on their own lawyer because they will be protected more so even if it's the lawyer's duty to be just and impartial. You of course can insist on your own lawyer but the fees may be full scale with no discounts and they can add up.

Also yes, Developer's SPA will be a "take it or leave it" unless you are a somebody.

Things are quite different tho if it relates to two individuals (eg. A sub sale) but that's a different story.

Hi, do you know in Sarawak, the sales and purchase agreement suppose to include the floor plan / storey plan ? First home buyer and received the S&P but it's without the floor plan / storey plan, only the site plan is included in schedule 1.

Appreciate if you could help and advise on this.

Yes.

Under Section 11 of HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989 (and Schedule G), you are entitled to the floor plan and/or building plan. And by right it should be attached to the Sale & Purchase Agreement.

All SPA directly from developer is fixed and must follow the prescribed SPA form as agreed between SHEDA and Ministry of Housing.

You can always request for the same from the lawyer/law firm in charge.

Sometimes the law firms that do SPA from developers act mainly for the developer (even tho they should act in the interest of both vendor and purchaser), so they may purposely leave out certain documents that 9/10 home buyers will not ask for.

Disclaimer: This does not constitute nor is intended to constitute legal advise.