Aug 5 2025, 09:53 AM
QUOTE(*lightbringer* @ Aug 5 2025, 09:28 AM)
Firstly I know ada Property Talk, but it seems like I can get faster answer here.
So the question is, does tenant have the right to appoint their own lawyer to draft the TA or only can use agent's lawyer to draft TA?
The stories like this. My friend wanted to rent a shoplot, about 1,400/month. The agent asking for normal thing, 2+1 depo plus utility. He ok with that, normal stuff lah. But what actually surprise him is the TA fees. The agent is asking for Rm700 for TA, and have to be paid to their agency. I told my friend I rented my unit for RM3000 and my lawyer only asked for 600+ for the TA, so I think his TA should be cheaper lah. He then told the agent that he dont want to use agent's lawyer and will engage his own lawyer to draft the TA, but the agent say kenot. But according to my lawyer, tenant have the right to choose their own lawyer, no law say have to sue agent's lawyer. The law only say as long as the one drafting the TA is a law firm, then ok already.
Kenot change location also because my friend say this place is good, near to his house, got good makan2 place. So he is not inclined to look for other unit.
1) Yes, the tenant has the right to appoint his own solicitor to prepare the TA; andSo the question is, does tenant have the right to appoint their own lawyer to draft the TA or only can use agent's lawyer to draft TA?
The stories like this. My friend wanted to rent a shoplot, about 1,400/month. The agent asking for normal thing, 2+1 depo plus utility. He ok with that, normal stuff lah. But what actually surprise him is the TA fees. The agent is asking for Rm700 for TA, and have to be paid to their agency. I told my friend I rented my unit for RM3000 and my lawyer only asked for 600+ for the TA, so I think his TA should be cheaper lah. He then told the agent that he dont want to use agent's lawyer and will engage his own lawyer to draft the TA, but the agent say kenot. But according to my lawyer, tenant have the right to choose their own lawyer, no law say have to sue agent's lawyer. The law only say as long as the one drafting the TA is a law firm, then ok already.
Kenot change location also because my friend say this place is good, near to his house, got good makan2 place. So he is not inclined to look for other unit.
2) The legal fees for preparation of TA is governed under Second Schedule of the Solicitors’ Remuneration Order 2023 (“SRO”). Based on the SRO, for rental up to RM10,000 per month, the scale fee is 30% of the monthly rental but subject to a minimum fee of RM500. Hence for monthly rental of RM1,400 per month, the scale fee will be RM1,400 x 30% = RM420 but since there is a minimum scale fee of RM500, then the actual fee payable to the solicitor will be RM500 excluding 8% service tax, stamp duty and disbursements.
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