hahahhaha.. finally bro.. someone is thinking exactly like me.. v r not worried bro.. v don't want to fall for his threat.. thanks for all your support bro..
arigatou..

That is to show what is a legal contract (relevant to the case in question)

Whether the contract will be 'admissible' as evidence in a civil trial will be governed by Stamp Act 1949



whether there is a witness or whether there must be an attestation by a practicing lawyer depends on the type of agreement whether is it a charge, transfer of property, a will, etc. As a general commercial agreement, it is governed by the Contracts Act 1950. If there is no legal requirement for a contract to be witnessed and the contract was not witnessed, then the issue goes to the weight of the evidence not as to the legality of the contract.


I advice readers to seek proper legal counsel. By seeking proper legal counsel, you will be able to assess the validity of an agreement and its enforceability as well as receiving a professional and qualified advice.


Important: The readers are hereby advised to seek proper legal counsel. I disclaim all liabilities and will not assume any responsibility whatsoever that may arise from my statement or advice. Should my exclusion of liability not be accepted in the jurisdiction for which my statement or advice is being relied on then my liability will be limited to a maximum of Ringgit Malaysia 1.00

This post has been edited by schizophrenic: Nov 21 2007, 02:41 AM

Did you know that, if i were to write a contract on a toilet paper, it is admissible and it is a valid contract? But with proper witnessing.

Not paying stamp duty will only get you fined up to 10x the amount due (stamp duty)

But sometimes, you need to study the case and law yourself, as lawyers must not be trusted 120% fully in any event. and the advice given must be taken with a pinch of salt unless it is a fully trusted lawyer which has proven to you time over time to be truthful and reliable

This post has been edited by bryanyeo87: Nov 21 2007, 02:37 AM

maximum is Rm100 or 20% whichever is higher

Rm10 stamp duty = Rm100 so yea 10 times

RM1 stamp duty = RM100 so....100 times

RM505 stamp duty = RM101 so......1/5 times


I advice readers to seek proper legal counsel. By seeking proper legal counsel, you will be able to assess the estimated stamp duty of an agreement as well as receiving a professional and qualified advice.


Important: The readers are hereby advised to seek proper legal counsel. I disclaim all liabilities and will not assume any responsibility whatsoever that may arise from my statement or advice. Should my exclusion of liability not be accepted in the jurisdiction for which my statement or advice is being relied on then my liability will be limited to a maximum of Ringgit Malaysia 1.00

This post has been edited by schizophrenic: Nov 21 2007, 07:35 AM

as a contractor i belive that its his responsibilty to get the letter stamped.. his reasons for suing us is that v didn't pay the rest of the money.. our reason is that, he didn't repair the defects and didn't renovate like how it suppose it (not according the drawing and the renovation agreement). and we have a list of defects that he ignored..

---

Added on November 21, 2007, 9:12 amwhat if the agreement isn;t by the second party? that's what happened.. while he gave us the "handling of keys" letters he wrote things that he did on good will and he charged for it.. my dad didn't sign it and the list of things are not in the original agreement which was done before the renovation..

This post has been edited by krishnath: Nov 21 2007, 09:19 AM

I am pointing out the legality of the contract and the effect of not stamping it and how it affects its admissibility.

I did not and have no intention of discussing the probative value and the weight to be attached to the details given.

Though I'll pose these questions. When you mortgage your house to a bank, will your bank stamp and bear the charges of stamping the Loan agreement for you? When you purchase a property direct from developer, will the developer stamp and bear the charges of stamping the S & P for you?

This post has been edited by schizophrenic: Nov 21 2007, 01:35 PM

oh yeah.. very true.. i didn't really think about that bro.. soryy..

Depends on the developer

Name me one developer who actually bears the disbursements(Stamping duty among other cost) of the Sale & Purchase transaction.

On the assumption that there are some who bears it and on the assumption that a simple majority would be able to represent the industry as a whole then
how often would you find a developer who actually bears the disbursements(Stamping duty among other cost) of the Sale & Purchase transaction or even consider that the few who bears it would represent the practice of the industry bearing such a cost so as to consider it as a norm although from a different school of practice.

I do admit there are developers who would bear the legal fees for the S&P but apart from that, the disbursements are borne by the client unless otherwise agreed. Even with this exception, how often would it be applicable?

There are banks who requires the client to bear the charges for stamping the Letter of Offer for the facility provided. In practice, all is done by the solicitor in his professional capacity representing the purchaser/mortgagor.

Based on these, I posed the question as quoted and bolded by you to the thread starter for him to consider. He may agree or disagree but the reasons why I am posing the question to him are as stated above.



I advice readers to seek proper legal counsel. By seeking proper legal counsel, you will be able to assess the burden of the parties with regards to the stamping and duty payable of an agreement as well as receiving a professional and qualified advice.


Important: The readers are hereby advised to seek proper legal counsel. I disclaim all liabilities and will not assume any responsibility whatsoever that may arise from my statement or advice. Should my exclusion of liability not be accepted in the jurisdiction for which my statement or advice is being relied on then my liability will be limited to a maximum of Ringgit Malaysia 1.00

Austral Development Sdn .Bhd. for Austral Yaara Link, Puchong



Thats why i said it is depends on developer mar

read the lines attached in light of this

QUOTE(krishnath @ Nov 21 2007, 09:09 AM)
"as a contractor i belive that its his responsibilty to get the letter stamped....."

It will go on to show that I am merely rebutting a presumption made by krishnath. I did not say I disagree with you but I clearly say it is not an accurate representation of the industry for krishnath to be making such an assumption.

Anyway since we're on this issue, it is not normal for contractors to obtain the CCC unless otherwise agreed. However, if the contract is silent and if the client's lawyer is really good, then it will be arguable.

---

Added on December 4, 2007, 3:19 amOut of curiousity, who are the panel lawyers for the project you mentioned?

This post has been edited by schizophrenic: Dec 4 2007, 03:19 AM