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.

Only for those require land office consent is count from the consent approval. Usually is leasehold

Hi thanks for the info.

Total loan amount is 78%, 22% (Deposit + balance).

I paid lawyer 10% the first time we sign SNP. (3 months +1 started here). After 1.5 months, I paid the balance which is 12%, today we sign loan agreement.

So there is 1.5 months left, here is reason it takes 1.5months + to proceed the thing you mention (original title (seller no more owe bank any loan) + land office MOT form)

It just complete recently, seller is not happy, insist want to charge the late interest for the 3+1 (after 3 months).

My question here, seek for your advice, who should bear it ? thanks alot!!

Actually... U ask here also no point, whatever answer u got here, u still have to refer back to your lawyer. SInce ur lawyer is at ur benefit, ask ur lawyer to negotiate with the seller, spell out the SPA and how to count the 3+1.

Takkan forum here say u no need pay, then u go find another lawyer to take over the SPA process from ur existing lawyer? Or u want to make it sour, threaten ur lawyer that you will complain to the bar?

As someone mentioned, ask for chronology of events and from there, can see where the delay(s) happened and whom to be responsible.

3 months from snp or date of consent? If snp then u hv to pay. Can negotiate the rate

This post has been edited by ahkit123: Jul 2 2024, 10:25 AM

Yup thats why I thought just want to know more, of course if late means late i will pay it. I know i need to accept that, i ll still follow what lawyer advise & ask for nego on it. thank you for your reply.

Thank you, thanks all for your useful tips and advices.

I appreciate it much.

May I know who advise you to sign loan agreement after 1.5 mths signing of SPA? Unless the seller agreed to release his original title upon received 10% in SPA, otherwise he will only can release it after you confirm have the loan facility and the bank provide letter of undertaking to ensure that he will get balance payment after MOT is done, so he can comfortably release the original title before receive full payment.

I am not in legal profession, but the sequence of events mentioned by you got a lot of issues to me. When you sign Loan agreement after one month of SPA, mean you wasted the time already. 1.5 mths process time took by land office is quite normal, and also did you pay the stamp duty on time for lawyer to proceed to register in land office? This will be beared by you as well if there is delay in stamp duty payment

Ya, forgot about leasehold, my old house is free hold

Firstly, regarding the quality of legal services, it is normal for people to find the cheapest lawyer and usually the cheapest laywer is not the best lawyer because the malaysian conveyancing process is full of potholes and if your lawyer is not experienced enough, no matter how much you save on legal fees, the penalties you pay may be more. If the property is leasehold and need to apply for consent but your laywer put in the SPA 3 + 1 month from the date of agreement, then your lawyer has been negligent. You mentioned land office delay? This is too general, what sort of delay?

Thanks for the info.

I loan 78%, deposit balance 22%. Stamp duty + legal fee, Im paying half 50%/100%.

When i pay the lawyer 10% deposit upon signing SNP, I paid the 50% of the total stamp duty + legal fee.

Meaning to said,

SNP (1st stage) sign on the first day, Paid 10% of total purchasing price + Paid 50% of (stamp duty + legal fee + lawyer fee)

Next (2nd stage), after 1.5 months, meet up lawyer sign on the Loan agreement + Paid 12% ( total of the balance 22% is done).

Recently (3rd stage), after taking 1.5 months + lawyer side have finally release the doc to bank (land office just done).

Seller not happy as we are still in 3rd stage, right now is bank verifiying (need another 1-2 weeks time), right now its 4th month, seller wanna charge the late interest.

I am willing to pay, but I want to make it clear that which party causing the delay suppose to pay it right, someone mention the report which i think is useful but based on my scenario described above, am i the person should bear 100% of late interest or lawyer did have fault on it too ?

my opinion, yes,you need to pay the penalty 1ST...then you may hired another lawyer to sue your lawyer for negligence. there is no way your current lawyer will bear the cost willingly.

Ok, in my opinion, the main reason causing delay is because you only sign the loan agreement in second mth, which is after 45 days you signed SPA. Buyer can only release title in second stage (which i think is fair, what if you can't get loan after he release title?)

Sorry to say that the three stages planning is very poor, technically the first 45 days of the 3+1 period, your lawyer can't do anything. It delay the whole process. Your SPA should not follow the common 3+1 rules, should either become 4 mths or 3+1 and specifically mention the 4 mths is free of late charges, since you have these 3 stages odd planning.

This post has been edited by Jingle91: Jul 2 2024, 01:53 PM

lawyer fault. last time i also kena before, buy condo, buyer n seller same lawyer, so everything should be fast n easy ...

then when enter the 2nd month lawyer always hilang, call office normally the assistant answer ...

and the cb lawyer is pregnant, always give reason like go check up la, then nenek mati need to go back home town n all sort of story ...

then everything took 4.5 month so when see the charges the seller ask for late penalty roughly about 1.3k or 1.4k cant remember ..

then i just bang table n talk to lawyer n i say im no going to pay the late penalty n it is obvious is the lawyer fault ...

how can buyer n seller is using the same lawyer can be late ? some more mine is a freehold ..

then f her upside down for 20mins, then she say no need to pay, the lawyer will nego with seller or if cannot then she will pay ..

there are some really stupid lawyer do exist ...

Yes that is my situation, thank you for the suggestion. I definitely agree that the issue here is due to lawyer should write everything in the SNP, (the start date shouldnt be count since SNP is signed, it should be after Loan Agreement is signed so I have more buffer time)

My case was 3+1 started since SNP get signed (10% deposit paid) But the loan agreement is after 1.5 months, i sign it and pay another 12%. So the 1.5months is burnt.

So the stage 2, processing at land office tooks 1.5months++.


Stage 3, the bank receive it, now pending bank to mail to JBMC loan centre to expedite the loan disbursement. But the late interest seller insist want me to pay (4th month) about 12 days (today date), im thinking worse case if seller insist then I must pay? i dont think the seller want to nego.

We only have 1 lawyer, this lawyer is actually representing me but the seller want to use the same lawyer.

BRO im facing the exact situation like you. it is a freehold too, same layer and the seller cleared the loan. It tooks 3months+, the seller insist to charge late interest after 3 months, until today (12 days charges) about 14days, i hope bank center can send out the loan by end of this friday.

I don't want to argue and I am agree to pay if that was my fault, Im wrong at didn't pay it the remaining balance, because I didn't aware that it can take so long.

So my case, it tooks me 1.5 months to pay all the balance and sign the loan agreement, and lawyer took 1.5months+ (process at land office).

I can accept that both lawyer and me bear the cost 50%/50%, but 100% bear by me i don think it is fair.

Dont have to bang table, i just want to settle thing....i know its very annoying & unfair, but what to do...

Bro, then my question is that hiring another lawyer to sue my lawyer how much i need to spend and time ?

Cuz the penalty at worse about RM6k+


If i sue the lawyer need to spend more than that no point to do so...just talk nicely ask for nego, if seller insist, then no choice...yes you are right no matter how lawyer will smoke and always push & its not their fault. We buyer rugi

just ask the lawyer to pay cause it is obviously the lawyer fault, where can be late if seller n buyer use the same lawyer

So i will tell this to the lawyer, definitely lawyer refuse to pay what can I do?

My situation do you think that its my fault, as in it took me 1.5 months to pay lawyer the 12% balance (total balance of 22% bcuz my loan amount is 78%), I sign loan agreement only when the lawyer collected total balance of 22%, so the remaining month is 1.5months. May I know in this situation its still lawyer fault what you think?

This post has been edited by ComputerIdiot: Jul 2 2024, 05:31 PM

ask for black n white why it is late

Not sure why your lawyer never highlight on the risk before he draft the SPA. If he did hint on this risk but you agreed to proceed, then you will have to bear the late charges. Shouldn't sign SPA first if you need bank loan.

Some bank might take abt 20 days to disburse, so you will need to keep calling your bank everyday.

Suggest you have a proper discussion with your lawyer first, and of course, ask for chronological events, to determine what caused the delay

This day and age still want use same lawyer. Should always insist on your own lawyer to represent you and only you.

Yes snp n loan can sign together

TS already hired his own lawyer, and the seller choose to use same lawyer without represented. Yet don't know by how TS's lawyer bring him to this difficult situation now

Actually since the seller is using your lawyer, technically your lawyer is representing you, not him. Most disputes should be in your favour. Have your S&P stated working days or calendar days? Some lawyers will indicate working days therefore stretching it. Your best bet is to ask your lawyer to ask the seller to waive the late interest (unless your SNP has a due date), if cannot then maybe share half half with your lawyer. Normally I will sign SNP only after loan almost done, so your timing is quite off. 1.5 months for the process of transferring titles etc is quite reasonable considering the nature of your property and nowadays some land office really take their own sweet time using the common excuse "too busy". Strata titles will take longer time to process. If your lawyer can give you more details like the dates he sent the documents for processing, and if it is reasonable, then nothing much you can do but to pay the penalty.

This post has been edited by joeblow: Jul 2 2024, 07:36 PM

Yes, only sign when the loan deal done.