Malaysia Real Estate

Keong · Joined: 23 May 2007 Posts: 1

I have purchased a second hand house from the seller with the conditon to use back the same lawyer as the seller.

I pay 10 % after sign SAP and after i get the consent ( 6 February), 3 + 1 months starting effectively. I been told by the lawyer staff that as long as i pay within 3 + 1 period, no charge will be imposed on me although there delay happen. I believe that. (first time buyer)

Early April, i pay the remainding 5 % and i waited for one months, (which passed 3 months already), the lawyer staff told me that the process still pending on bank. (bank only release half of the loan to seller and still expecting document from seller bank (branch). FYI, the seller bank and purchaser bank is the sama bank!!!

Later the lawyer staff resign and new staff took over the case. I keep calling and urging the speed up the process as i do not believe that why the same bank process - sending documents from branch to HQ will took more than 1 months. ( must be missing documents)

Later the staff resign again which nobody follow up the case. I called the lawyer to being told that i will be imposed penalty fees coz is more than 3 months.

My questions are will i be imposed on fees although delay is not from my part and being given the wrong infor ? (no charge will be imposed if pay within 3 months but the staff resign already - i have no proof!)

Anything i can do, for not being charged. Plus the lawyer is more favour the seller as is their side lawyer although they represent me which i find it not fair to me!!! Please advise on what i can do? Thanks!!!

azli9139 · Joined: 07 Jun 2007 Posts: 4 Location: putrajaya

hope somebody can advise him on this matter.I'm also newbie.Just signed
SAP & loan agreements last 2 weeks.using the same lawyer of seller & bank lawyer.the diff only seller bank.
scared the same thing happen to me.Somebody of forumers could advise
what action should we took after signed the documents.

cynthusc · Joined: 16 Sep 2005 Posts: 310

Hi Keong,

Sorry to hear your predicament. This is one of the reasons why both parties should have their own solicitors. There will be conflict of interest when this happens.

Anyway in this circumstances, the lawyer actually should act for you as in any sub-sale transaction the purchaser must be represented by a solicitor. This is stated clearly in the Conveyancing Practice Rules. Check the agreement especially in the recitals, it should say that the solicitor acts for you and the Vendor elects to be unrepresented. In this situation you need to go to the lawyer's office and get a copy of all the documents including the correspondence. Do a chronology and look where the delay is. If the delay is due to the fact that the Vendor's bank has given the security documents late, there should be a clause in the agreement that says that in the event the security docs are not released within a certain period of time then time would stop running. However if the lawyer is a two bit one he might have left this very important clause out. In such a situation you must question the lawyer as to why he did not protect your interest and hint that such a negligent act warrants a complaint against that lawyer. Get the lawyer to do his job. Read your agreement carefully.

"The cheapest lawyer is often the most expensive one in the long run"

Regards

v2_vehooi · Joined: 23 Jul 2006 Posts: 92

Hi everybody, i'm also a newbie... also got some problem with the 3+1 months...
actually i'm not really sure what is the 3+1 months means ????
is it if i apply a loan from bank to buy a house... the bank must in within 3 months help me pay to the vendor/developer??? is it i'm correct ?

cynthusc · Joined: 16 Sep 2005 Posts: 310

v2_vehooi · Joined: 23 Jul 2006 Posts: 92

ronaldlaw · Joined: 02 Jul 2008 Posts: 20 Location: Puchong

I have pay 2% for sub-sale free hold landed property in puchong on early June 2008...until today i havent sigh the S&P agreement due the Vendor disagreed the SPA prepare by my lawyer...
Vendor insist additional clause for:

1)Irrevocably undertake letter from bank before give us the tittle,
2)14 working days from the date of give us the tittle,vendor want my lawyer to advise release the loan by bank,otherwise will forfeited my 10% deposit!

vendor say it normal format for all SPA...she say either accept it or give up of buying... mad.gif

then i discuss with my lawyer..my lawyer say if take it,it going be double lock up the purchaser...1st is 3month + 1 month 8% penalty,2nd is the 14days issue.
if give up vendor not going to refund anything rclxub.gif WTF!

So,now i pengsa already...dunno what to do...i wish to buy the house,it good location and nice view..but some many problem to me at initial stage now...dunno whether is GOD advise me not to buy?