Hello Sifus here, would like to consult something, recently I have purchased a subsale condo.

The agreed SNP for both party is 3 months after SNP is signed. Actually, I paid the balance in 2nd month, but the lawyer took 1m+ to get land office to approve everything.

This month is the 4th month and bank haven't release the loan yet, the seller is insist to charge purchaser late interests. May i seek advice from you all.

Should I pay this and this is my fault or there is reason due to the lawyer firm took more than a month to get the Land office to approve SNP, geran and etc.

May I know in what condition the late interest should be beared by the lawyer instead of buyer? If i am not wrong after the 3+1 (4months) we can ask compensation from the lawyer, how about if there is delay and everything settle in the 4th month, the late interest of 4th month buyer must pay it? is there any law that can fight for this late charge? because seller insist and dont compromise.


I'm buying actually loan 78% and 22% is the balance.

Our SNP is done and the 10% I paid at the first month.

May I know the land office to proceed the SNP, before this lawyer must need to receive 22% or 10% is already enough ?


As in the SNP is clearly state that I paid 10%...myself pay the balance of another 12% after 1and half month. So the lawyer took another 1.5m+++ at land office which causes delays... I wanna emphasize that the total balance of 22% lawyer receive after 1.5months but 10% deposit like SNP stated I already paid when we sign it. So whose fault for causing it to take 3+1 months


May I know based on my scenario is it lawyer should bear the cost or we buyer must pay late interest which I think not fair! Right now seller insists want it

This post has been edited by ComputerIdiot: Jul 1 2024, 08:30 PM

please refer your SPA. your lawyer should be able to advise u. is vendor represented by lawyer?

This post has been edited by stryfox: Jul 1 2024, 05:19 PM

Regardless of reason, the delay clause would mean the seller is entitled to receive late charges.

Its up to the seller to enforce if want, might want to nego with your lawyer how to proceed.

Try nego with seller if can get some grace period, if the delay not by much ie 1 or 2 week etc

TS is ur lawyer firm the same one as the seller?
Just curious....

Yes they are the same. I suspect they purposely

I found this lawyer. Then the seller ask me who is my lawyer, he wants the same lawyer to go for this process and everything bcuz seller says using the same lawyer would be better and faster.

Seller already finished the loan settlement one.

Yes I found this lawyer later then the seller ask me who is my lawyer. They wanna use the same lawyer as me.the seller is under a SDN BHD, I'm buying company's property actually
Please advise

U can ask loyar to show chronology report

Fr there u can see who is right who is wrong

Delay caused by land office can be excluded in the 3 mths period

Btw with this report no one can pakat wan la

maybe you forgot to pay them lawyer fees so they forgot to do your work.

paid

last time also my buyer delay and base on lawyer calculation, the amount is like RM1.7K. I charge buyer RM1K....

What is chronology report ? This is the time line of everything or what ? Actually my first installment for the balance is delay for 1.5 months then land office took 1m++...now alr 3months+ so the seller making noise wanna charge interest. So I can request lawyer for chronology report ??

The report is to show u what happened along the way

Who was or who wasn't doing the job

They ll have emails as proof usually to show the dates things took place

It's your right to have the report. Unless your lawyer is the culprit otherwise he or she must show.

When the seller use your lawyer, mean he is not represented. Your lawyer is representing you and must protect your interest, since their name is spelt out in the SPA to represent you.

So firstly, now is the seller ask you to compensate? Or your lawyer inform you that you have to bear for delay charges?

This post has been edited by Jingle91: Jul 1 2024, 09:38 PM

Something is really fishy...

And your lawyer should be the one responsible for the delay...

And since the other party also using the same lawyer... Can negotiate one....

seller is very stingy and problematic now is fourth month 3+1 he demand the 4th month start to charge late interest then my lawyer inform me. Yes my lawyer is representing me and the seller actually no lawyer he just proceed with my lawyer so he doesn't need to find other lawyer

I feel the whole thing is abit weird, since the condo is free of loan, so the whole transaction should be very fast.

If the claim from seller is not valid, your lawyer should block his request. For my case, the spa stated if the delay was due to land office then the extra one mth extension apply and no party will bear 8% charges. So if your lawyer really inform you on this, then need to check on all the events timeline and their sequence.

How about your bank? When did it release the remaining portion 78%? By right once your 10% is paid, and your loan agreement is stamped, your law firm should get the bank to provide a undertaking letter for buyer, so he can release original title, so your lawyer can present it and MOT Form to land office.

You sign SPA together with your loan agreement? When was the loan agreement stamped?

As I understand, the 3+1 period only starts to count after the approval of the land office

For my old house that was sold few months ago, 4+1 start from the date on SPA

i know this is common stated in the SPA, but why buyer/seller need to bear the responsible while the delay is cause by others? sound not make sense and cause so much hassle.