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 Conveyancing Practice Rulings
PART I : ADVERTISING AND TOUTING

1. Law Firm prohibited from soliciting Emplacement on Panels

Its amounts to advertising for a law firm to write to a company (e.g. bank, property developer and insurance company) requesting to be placed on their panel of solicitors except at the invitation of the company.

2. Solicitor;s name not to appear on Developer's Signboard

No law firm shall allow its name to appear on the property developer's signboard whether at the development site or at the office of the developer or of its marketing agent.

3. Solicitors not to be present at Developer's offices as Solicitors

Solicitors shall not be present by themselves as Solicitors or be represented by their Pupils or clerks at the promotional sites or booking offices of the Property Developer (whether defined under the Housing Developers Act or otherwise) where units are sold or offered for sale.

4. Solicitors not to insist on Purchases appointing them

Solicitors shall not write to any Purchaser to appoint them as the Purchaser's Solicitors whether on instructions from any Property Developer or otherwise.

PART II : CONFLICT OF INTEREST

5. Solicitor who is Director or Substantial Shareholder not to act for the other Party

A Solicitor who is a director or a substantial shareholder (as defined in the Companies Act 1965) of a company shall not ac as Solicitor for the other party to any transaction in which the company is a party.

6. Solicitor not to act for Purchaser if he himself or his Partner, Spouse, Child or Parent is a Director or Substantial Shareholder of any Property Developer

A Solicitor shall not act for the Purchaser if he himself or his partner, spouse, child or parent is a director or substantial shareholder (as defined in the Companies Act 1965) of any Property Developer.

PART III : FEES AND DISBURSEMENTS

7. Solicitors to return unused Disbursements

Solicitors shall return all unused disbursements to their clients.

8. Discharging Solicitors, release of documents and lien over documents

A client may discharge his Solicitors at any stage before completion of a conveyancing matter by paying the scale or appropriate fees.

Solicitors are entitled to exercise their lien over documents until their scale or appropriate fees are paid or until the appropriate undertaking to pay the scale or appropriate fee is received from the new solicitor.

9. Fees for Discharge of Charge

Where the Chargee's Solicitors request the Chargor's Solicitors to prepare the Discharge of Charge, it is not proper for the Chargee's Solicitors to collect fees for the Discharge of Charge from the Chargor other than the attestation fee.

10. Not to charge fees based on a percentage of the interest accrued from fixed deposit

Solicitors shall not charge a sum equivalent to a certain percentage of the interest earned towards administrative costs and charges. However, Solicitors may charge a reasonable fee pursuant to the Sixth Schedule of the Solicitors' Remuneration Order 1991.

11. Reasonable fees (to be charged within Solicitor's discretion) in cases of aborted transactions

Where Solicitors are engaged in preparing any document but the transaction is not concluded for any reason whatsoever, the Solicitor may charge under the Sixth Schedule but the sum shall not exceed 50% of the scale fee. However, if the relevant work has been performed or substantially performed, the Solicitor may charge the full scale fee.

12. Solicitors not to collect stamp duty for Transfer or Charge until after issue of title

Where no separate document of title is available for a property, no Solicitor shall collect any stamp duty and other disbursements for the transfer or charge of the property until after the separate document of title is issued.

13. Scale fee includes fee for Agreement and Transfer or Assignment as the case may be

The scale fee under the First Schedule includes the fee for the Sale and Purchase Agreement and the Transfer, or where no separate title is available, the Assignment.

14. Fees for Transfer or Charge upon subsequent issuance of title

Upon the subsequent issuance of separate document of title, the Solicitor is entitled to charge a fee under the Sixth Schedule and the fee charged shall not be more than 25% of the scale fee under the First or Fourth Schedule or RM1,000.00 whichever is the lower, subject to a minimum of RM100.00 provided that if the subsequent Transfer or Charge involves more than one title (such as in the situation of sub-division), then the Solicitor is also entitled to charge an additional fee of RM30.00 in respect of each additional title involved. This ruling shall not be applicable if the subsequent Transfer or Charge is not done by the same Solicitor or the same firm of Solicitors.

15. Miscellaneous Charges

Miscellaneous charges in any bill of costs should not exceed RM50.00. Any other disbursements should be itemized.

PART IV : PREPARATION OF SALE AND PURCHASE AGREEMENTS

16. Vendor's Solicitors not to charge fee for supply of Sale and Purchase Agreement

The Vendor's Solicitor shall prepare and supply the Sale and Purchase Agreement unless otherwise mutually agreed by the parties. The Solicitors preparing the Sale and Purchase Agreement shall not charge for supplying the Sale and Purchase Agreement. 

17. Solicitor not to charge separate fees for preparing the Agreement in addition to his scale fees

Solicitors shall not charge his own client additional sum for the Agreement as the scale fee under the Solicitors' Remuneration Order 1991 includes the charges for the Agreement.

PART V : SECTION 84 OF THE LEGAL PROFESSION ACT

18. Developer's Solicitor cannot act for the Purchaser in respect of an individual lot

A Solicitor acting for a Developer in a housing project cannot act for any Purchaser in respect of any lot in the same phase of the project. 



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