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S&P Lawyer
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Fri Aug 06, 2010 11:36 am    Post subject: Reply with quote

Overview.

For those whose words are as poison, don't ever discriminate the legal profession by your idiotic comments.

Next, if you do, then, don't blame others for your mistakes.

Finally, if you still don't get this, then, don't write in because the law is not tailor made for your likings.

Response to DH's matter, if you may, allow me to write on your issue which is on clerical error or obvious mistake. (Should not delay)

Any errors made on the typing in the sale & purchase agreement once stamped cannot be altered by simply altering the contents therein unilaterally.

There must be a supplementary correction to replace with the amended corrected copy. This means the solicitor concerned must stamp the amended corrected sale & purchase agreement again at RM10 x 4 copies.

The date of the sale & purchase agreement should remain the same, only that the supplementary agreement must state the correction of the clerical error or obvious mistake in the initial sale & purchase agreement.

In other words, no correction done on the original without the supplementary corrected sale & purchase agreement.
The sooner this is done, the better, since your completion date is of concerned.
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DH



Joined: 30 Jun 2006
Posts: 53

PostPosted: Fri Aug 06, 2010 2:55 pm    Post subject: Reply with quote

hfchuraymond wrote:
Overview.

For those whose words are as poison, don't ever discriminate the legal profession by your idiotic comments.

Next, if you do, then, don't blame others for your mistakes.

Finally, if you still don't get this, then, don't write in because the law is not tailor made for your likings.

Response to DH's matter, if you may, allow me to write on your issue which is on clerical error or obvious mistake. (Should not delay)

Any errors made on the typing in the sale & purchase agreement once stamped cannot be altered by simply altering the contents therein unilaterally.

There must be a supplementary correction to replace with the amended corrected copy. This means the solicitor concerned must stamp the amended corrected sale & purchase agreement again at RM10 x 4 copies.

The date of the sale & purchase agreement should remain the same, only that the supplementary agreement must state the correction of the clerical error or obvious mistake in the initial sale & purchase agreement.

In other words, no correction done on the original without the supplementary corrected sale & purchase agreement.
The sooner this is done, the better, since your completion date is of concerned.


Thx hfchuraymond, Can we held the lawyer responsible since the delay is very obvious from his part? Only one lawyer representing all parties namely vendor, buyer and bank. He can not push the delay to some other lawyer in this case.
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kai2485



Joined: 13 Dec 2009
Posts: 17

PostPosted: Tue Aug 24, 2010 8:47 pm    Post subject: How much stamp duty I need to pay Reply with quote

I'm olanning to construct own house and this will be under finance.

Quotation of construction cost = 450k
Land cost =210k

I'm just finished with s&P for land agreement which cost me RM5900

Now if I will ask bank to fund me land + constrcution cost, how much will be lgal fees which I need to pay ? will it base on total amount of loan which is 20% or from total of quotation ?
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Scorpion king



Joined: 20 Sep 2010
Posts: 4

PostPosted: Mon Sep 20, 2010 8:48 pm    Post subject: Reply with quote

If there is no sufficient cogent valid reason to come to any conclusion, then, this is not only intimidating to label anyone for that matter for a thought provoked unconsciously but really, this is also uninviting for all the wrong reasons.

An advocate & solicitor is called to the Bar and admitted as a legal practitioner by the High Courts in Peninsular Malaysia. This means they are at liberty to practice in all courts in Peninsular Malaysia.
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Wed Sep 22, 2010 4:42 pm    Post subject: what a nerd you are scorpion king Reply with quote

Can't believe that such a nerd like you could be so unashamed and bashful to use some's participation for your own misdeeds !

If you really think originally, you will also write originally.

There is no easy way to use some's participation trying to act smart and thinking you will not be found out.

I am sure all viewers agree that original writings speak best and loud because there is nothing better than getting your response directly from the author.

You don't need to hide undercover like a rat thinking you are like a cat because this forum is not about cat and mouse game.

Guess, scorpion king, you should take your lesson no.1 some where else.
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imshawn



Joined: 30 May 2010
Posts: 6
Location: KL

PostPosted: Mon Oct 18, 2010 10:29 am    Post subject: Reply with quote

hi and good day,
Just tumpang a bit on this topic.

Being first time selling my leasehold property, I would like to enquire about the process and time taken to complete a property transaction. I am using the same lawyer as the buyer's.
My question are:
1.0 How long normally will it take to release the balance of the purchase price to vendor from the date of the issuing redemption statement? It has been delayed for two months after the '3+1" period. (The excess amount for my housing loan account has been refunded.)
2.0 What are the process involved at this stage?

Thank you.
Shawn
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Mon Oct 18, 2010 11:07 am    Post subject: redemption & adjudication Reply with quote

If all else is fine, then, it should be immediately or as soon as possible without any further delay upon checking that the s& p agreement is stamped and for property without title, the DEED OF ASSIGNMENT is completely stamped, executed and adjudicated after the Deed of Receipt & Reassignment from the vendor's financier is released upon the passing of the balance of purchase price to redeem the property based on the statement of redemption issued by the purchaser's bank.

Also, the Power of Attorney of the vendor's financier is revoked with the High Court.

For property with title, then the adjudication on MOT instead of the Deed of Assignment be completely stamped and the discharge of charge document instead of the deed of receipt & reassignment be used.
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imshawn



Joined: 30 May 2010
Posts: 6
Location: KL

PostPosted: Mon Oct 18, 2010 11:27 am    Post subject: Reply with quote

Is it correct to say that it needs to go through the long process of submission,checking& stamping in LHDN & High Court,which will take times & which is also beyond control of a lawyer?
Will it take longer time for a transaction of a leasehold property?

Appreciate any hint or advice.

Shawn
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M967VGD



Joined: 20 Nov 2010
Posts: 1

PostPosted: Sat Nov 20, 2010 9:33 pm    Post subject: Reply with quote

Hi RC, I'm very new and have not much knowledge on Property Purchasing. I need some serious advise as recently I just confirm a Purchase Property which is still under construction. Since Free S&P legal Fee are given by the developer, we have no choice but to use their Panel Lawyer. Base on my purchasing agreement I need to Sign S&P and pay up 10% $$$+Stamp Duty within 14 day. However my bank loan application is still processing and yet to obtain approval, when I check with Sales Agent to hold till I get my loan approve only sign the S&P, She advised me is not possible and insist me of signing the S&P and pay up the $$$$. The Sales Agent have already fixed a date for me to come by to the office to sign off the S&P. Care to check if I refuse to turn up what will happen? Will they forfeit my deposit that I've paid? As I really want to wait till the Loan gets approved then only Sign. Addition to this, the Sales Agent mentioned if after signing the S&P if the Bank rejected my Loan, only then they will refund all my $$$ but not the Stamp Duty Fees. As a lawyer can you give me some advise what should I do? Why can't I request for extended time? Don't you think is waste of time for their Panel Lawyer to prepare all the doc and then only reliaze that my loan is not being approved? And my $$$ for stamp duty too, I will not get back any refund. I'm just 23, I really need some advise how to go about it as I have "0" knowledge in Laws.
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Sun Nov 21, 2010 10:37 pm    Post subject: just a note Reply with quote

You are quite right, at age 23, you should really be having all the fun and maybe, too innocent to appreciate what is loan repayment.

For many, I guess today, this is not much different.

Anyway, I would think that you should bring this up with the developer and tell them your predicaments. Until you are ready and affordable to carry this 'heavy duty' to pay the loan later, you wouldn't wish to start carrying a heavy load of burden at your age.

Maybe you may consider property at other price range and determine whether your status at present is realy the time for you. Sorry, can't really help you and also the use of the word 'status' since can't find an alternative word to this.

This may not be your best time and may be, you may thank me for this note of innocence from my view.
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kytan_11



Joined: 01 Dec 2010
Posts: 1

PostPosted: Wed Dec 01, 2010 10:44 pm    Post subject: Re: just a note Reply with quote

Hi RC,

Is it possible to change lawyer half way eventhough i've just signed my S&P?
if i withdraw & decided to change a lawyer firm, can i get back the fees being paid?
i'm from east msia, recently purchased a freehold apartment unit @ subang under master title.

my concern is the 50% MOT rebate which is going to due on 31 dec 2010. i won't be able to get it in time by looking at the extreme poor lawyer feedback & execution.
the lawyer don't bother & never replied my email & message since Oct 2010 after S&P being signed & settled all relevant fees. Is been almost a month for them to sort it out on consent letter, i'm shocked when i've been told by developer it is waiting to be collected since.
i'm totally unclear about the entire process.

Current east Malaysia lawyer who is in charge of bank loan documentation also admitted they are having hard time communicating with the current lawyer who's handling S&P etc.

any recommendation on which lawyer shall i use be it now or future?
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Thu Dec 02, 2010 1:57 pm    Post subject: Reply with quote

Then, is it possible for you to find out more from the land office concerning the progress of your matter.

Since the property is located at Subang, then, the land office at Shah Alam located at main builiding at Bangunan SSAAS, Shah Alam, Selangor should have your matter processed.

No doubt, patience is a fine art and it takes some patience as you expect, in all land related matters.
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ahter



Joined: 06 Nov 2010
Posts: 2

PostPosted: Thu Dec 09, 2010 12:03 pm    Post subject: Reply with quote

Need advise on the definition of "21 working days". Does it include sat, sun & public holidays ? On the calculation of the no. of penalty days, does it include sat, sun & public holidays as well ? Thanks.
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hfchuraymond



Joined: 11 Jun 2009
Posts: 606

PostPosted: Thu Dec 09, 2010 3:25 pm    Post subject: Reply with quote

Well, according to my experiences, usually, the faulty party will not admit.
So, the agreement is the best reference to guide you. Of course, if it can be settled between all parties concerned, then, all that's well ends well.

However, this is a delicate balance.

Nonetheless, a good practitioner should be able to evaluate the situation.

For the interests of all, this is a question which will find its natural answer in the near future. Speaking from my experiences (limited), sometimes, it is not so much about the interests incurred for late delay but rather the completion within the stipulated period of time following the agreement.

A problem-free situation is what makes a complete transaction a happy one that ends well for all that's well.
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x363



Joined: 04 Oct 2011
Posts: 4

PostPosted: Tue Apr 10, 2012 2:16 pm    Post subject: Reply with quote

Hi experts,

This is my 1st post for a while been registered.

I hope the felow experts can help me with the following scenario...

I am selling my house at 300K; however the buyer would like to indicated on 200K in the S&P for Loan application.

What is the disadvantages I'm facing and potential facing?

Understand that I can have the following done to "protect" myself:-

1. Have a separate undertaking / agreement written indicating the actual selling price is 300K

2. Have the buyer write a cheque and have the cheque kept by the conveying lawyer, then pass on to me once transfer of title and official documentation is done (lawyer act as neutral escrow)

Any suggestion of advise on "industry norm" are highly appreciated.

Thank you
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