Jul 24 2020, 04:42 PM
QUOTE(StressedUp @ Jul 24 2020, 03:17 PM)
I really hope not... if it's like that, can i get my deposit back and will the seller pay the penalty that's incurred by the bank when i drop the mortgage loan?
Hi guys, I just managed to post as my account for post limit of 3 posts every 12 hours since my account is under probation.
Basically, the disputes in the terms below:
1. days to release balance sum - 4 working days (seller) vs 10 days (my lawyer)
2. RPGT - seller's solicitor insist not to withhold tax due to exemption vs my lawyer said the exemption period is yet to be gazetted so they will still apply the old rule (withhold tax) & let the seller go LHDN to refund accordingly.
3. Seller's solicitor deleted the clause to indemnify the purchaser against all actions claims and payments in all outstanding charges (quit rents, indah water, utilities etc) stated that seller shall settle all outstanding charges. But my lawyer said that clause is there just to make sure im indemnified in the event of seller didnt settle all outstanding charges. It's not the seller's solicitors place to give this form of assurance via a comment and not include it in SPA.
The list of disputes are long and these are just the tip of the iceberg...
My lawyer already gave all the comments back to the seller's solictor and explain why they use the terms there. But the problem now is seller's lawyer did not respond to the comments after more than 1 week since the comments were sent to them.
They keep saying will reply today will reply today. But it's always fruitless and promises always broken.
Asked my lawyer to chase, agent to chase also no use... That freakin' lawyer just draaaaaaaaaaag saja. I don't have the contact number of the seller since everything go thru agent and my lawyer...
I also dunno what to do now.
1. 4 or 10 days from when ?Hi guys, I just managed to post as my account for post limit of 3 posts every 12 hours since my account is under probation.
Basically, the disputes in the terms below:
1. days to release balance sum - 4 working days (seller) vs 10 days (my lawyer)
2. RPGT - seller's solicitor insist not to withhold tax due to exemption vs my lawyer said the exemption period is yet to be gazetted so they will still apply the old rule (withhold tax) & let the seller go LHDN to refund accordingly.
3. Seller's solicitor deleted the clause to indemnify the purchaser against all actions claims and payments in all outstanding charges (quit rents, indah water, utilities etc) stated that seller shall settle all outstanding charges. But my lawyer said that clause is there just to make sure im indemnified in the event of seller didnt settle all outstanding charges. It's not the seller's solicitors place to give this form of assurance via a comment and not include it in SPA.
The list of disputes are long and these are just the tip of the iceberg...
My lawyer already gave all the comments back to the seller's solictor and explain why they use the terms there. But the problem now is seller's lawyer did not respond to the comments after more than 1 week since the comments were sent to them.
They keep saying will reply today will reply today. But it's always fruitless and promises always broken.
Asked my lawyer to chase, agent to chase also no use... That freakin' lawyer just draaaaaaaaaaag saja. I don't have the contact number of the seller since everything go thru agent and my lawyer...
I also dunno what to do now.
As long the balance of purchase price is settle within 3 months, I am not sure why the need to to state the number of days.
2. Ask the seller lawyer for letter of undertaking to indemnify purchaser lawyer. Otherwise ask your lawyer write officially to lhdn for confirmation. With the reply, then decide whether need to remit the rpgt. Not all lawyers have same opinion, so neither is right or wrong. Depends whether your lawyer want to go the extra mile.
My opinion .. once is announced, govt wont back track. Public pressure is too strong if govt reversed.
3. Seller lawyer ok. Not necessary for the clause. Ask your lawyer to request for latest outstanding paid bills. There are only few standard bills ... IWK, Cukai Tanah & Cukai Pintu. As for Tnb and Syabas, if seller terminated account b4 payment of balance purchase price, then not necessary.
My advise ... DONT contact the seller even if you have the number. He has a lawyer to act for him. If it takes too long, he will auto check with his lawyer. What are you going to tell him if you called ? Change lawyer ? Not agreeing to your terms ? Slow service ?
This post has been edited by mini orchard: Jul 24 2020, 07:26 PM
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