|
Lawyers who
representing a housing developer will not allow to represent for
the purchasers of the project at the same time, according to the
Bar Council chairman Mah Weng Kwai.
"There is no issue of 'subsidy or free' legal fees as the lawyers
are acting for the developers, not the purchasers. The developers
have a duty to pay for its own lawyers' fees and purchasers are
not liable to pay for these" Mah is referring to the advertisements
lately on the local newspaper stated "subsidised" or "free legal
fees".
"This is especially during the launching of a housing project, the
purchasers will be given such offers as long as they allow the developer's
panel lawyer to prepare the Sale and Purchase Agreement. But it
may be misleading and may not representing the actual situation,"
he added.
According to Mah, under Section 84(1) of the Legal Profession Act,
a lawyer was not allowed to represent both the developer and the
purchasers at the same time. The developer also cannot appoint lawyers
for the purchasers.
He said under the law, developers and purchasers must pay his own
legal fees. The legal fees include the charges for preparing the
memorandum of transfer to the purchasers' name and service charge
for preparing the Sale and Purchase Agreement. Purchasers have to
pay additional sum if the strata or individual titles have not yet
been issued to cover the extra work done.
|