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.

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