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Strata Title - Preparation of the Memorandum of Transfer.
933 Views  ⚫  Asked 11 Years Ago
asked on Jun 22, 2005 at 10:24
by   rights
Dear Sir/Mdm

I just received a letter instructing my solicitors to prepare the Memorandum of Transfer &/or Charge as Strata Title for my property has been issued.

Notes:
1. My SPA is the developer's lawyer - A
2. My Loan Agreement is with another laywer - B
3. I have redeem my loan way before the above instruction
4. I have approached the S&P lawyer (A) to prepare the Memorandum of Transfer

My SPA is for $126K.

I belive that the lawyer (A) has overcharge me. The total fee is for $3036.

If I am not mistaken, under the 6th. Schedule Scale Fees and Conveyancing Practice Ruling, the lawyer shouldn't have charge me for the above.

At $126K, the lawyer fee for the first $100K is 1%, subsequent amount of $26K is 0.5% which amount to $1130 - which is the FULL Fees. But here, I am using the developer's lawyer (A), where under the Conveyancing Practice Ruling, the maximum that the lawyer (A) should charge me for legal fees is at 25% of the FULL Fees - amounting to $282.50

Bearing in mind that I have approached the SPA lawyer (A). The legal documentation for the Adjudication fees on transfer, stamp duty on transfer and copy, Registration fees on Transfer and Search Fees (to be paid upon issuance of Title) amount to approx. $1750.00.

But the different between $3036 & $1750 - is ridiculously overcharged.

I don't think that the lawyer (A) should have double charged me for the lawyer fees.

Could U pls clarify or confirm this for me please? I just don't want to be taken a ride.

Regards

Rights
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answered on Jun 22, 2005 at 11:16
by   stranger
It seems the obvious source for your query is from your lawyer ["A"] who billed you for their services.  I suppose they have to give you a satisfactory explanation and how they derived such figures.  Once you have received their reply, then you would be in a better position to determine whether you are still holding your opinion that you were overcharged.

I am not sure whether your saying that legal fee your lawyer ["A"] can charge you is 25% of the schedule fee.

I understand that clients can seek for taxing for their legal billing.  But it needs to be done within certain time frame.  In short, you may be able to demand the billing to be assessed by the Court [normally through the Registrar of the Court, as I understand it]. 

As I understand it, no lawyer like his/her client demanding the billing be taxed.  It would involved a lot of work and the rate normally assessed is below the market rate.  It is likely the lawyer concerned would not like to have repeat service to the same client.

I tend to believe a direct dealing with your lawyer concerned is a good starting point.  At least you allow them to have opportunity to address to your concern.
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answered on Jun 22, 2005 at 12:04
by   Rights
Thank you for the prompt reply.

Your are right. I should check with the SPA lawyer (A) on how the lawyer derive the legal fee calculation.

Is it true that under the Conveyancing Practice Ruling and 6th. Schedule Scale Fees, the same developer's SPA lawyer should not double charge legal fee (not legal documentation) when I sign up with the developer's SPA lawyer and now signing up with the same developer's SPA lawyer for Memorandum of Transfer &/or Charge for Strata Title.

I believe that under the 6th. Schedule Scale Fees, the developer's SPA lawyer (A) sould charge for the FULL Fees for Memorandum of Transfer &/or Charge for Strata Title unless one appoints a SPA lawyer other than the developer's SPA lawyer.

I belive that under the 6th. Schedule Scale Fees, the scale will be as follows:

First $100K         Legal Fee charged at 1% of SPA of $126K
Subsequent Amount   Legal Fee charge at 0.5% of SPA

Here the SPA lawyer would be entitled to charge FULL Fees for lawyer fees - for Memorandum of Transfer &/or Charge for Strata Title.

Nevertheless, if one have signed up with the original developer's SPA lawyer, under the Conveyancing Practive Ruling, the original developer's SPA lawyer can only charge a maximum of 25% of the FULL Fees.

Is there such a rule in Conveyancing?

Regards

Rights
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answered on Jun 22, 2005 at 12:04
by   Rights
Thank you for the prompt reply.

Your are right. I should check with the SPA lawyer (A) on how the lawyer derive the legal fee calculation.

Is it true that under the Conveyancing Practice Ruling and 6th. Schedule Scale Fees, the same developer's SPA lawyer should not double charge legal fee (not legal documentation) when I sign up with the developer's SPA lawyer and now signing up with the same developer's SPA lawyer for Memorandum of Transfer &/or Charge for Strata Title.

I believe that under the 6th. Schedule Scale Fees, the developer's SPA lawyer (A) sould charge for the FULL Fees for Memorandum of Transfer &/or Charge for Strata Title unless one appoints a SPA lawyer other than the developer's SPA lawyer.

I belive that under the 6th. Schedule Scale Fees, the scale will be as follows:

First $100K         Legal Fee charged at 1% of SPA of $126K
Subsequent Amount   Legal Fee charge at 0.5% of SPA

Here the SPA lawyer would be entitled to charge FULL Fees for lawyer fees - for Memorandum of Transfer &/or Charge for Strata Title.

Nevertheless, if one have signed up with the original developer's SPA lawyer, under the Conveyancing Practive Ruling, the original developer's SPA lawyer can only charge a maximum of 25% of the FULL Fees.

Is there such a rule in Conveyancing?

Regards

Rights
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answered on Jun 22, 2005 at 12:13
by   Rights
Kindly ignore the 3rd and 4th reply. Error in clicking the refresh button.

Here is the right reply: My apologies.

Thank you for the prompt reply.
Your are right. I should check with the SPA lawyer (A) on how the lawyer derive the legal fee calculation.

I believe that under the 6th. Schedule Scale Fees, the developer's SPA lawyer (A) could charge for the FULL Fees for Memorandum of Transfer &/or Charge for Strata Title IF one appoints a SPA lawyer other than the developer's SPA lawyer.

I belive that under the 6th. Schedule Scale Fees, the scale will be as follows:

First $100K -             Legal Fee charged at 1% of SPA of $126K
Subsequent Amount -       Legal Fee charge at 0.5% of SPA

Here the SPA lawyer could be entitled to charge FULL Fees for lawyer fees - for Memorandum of Transfer &/or Charge for Strata Title IF one appoints a SPA lawyer other than the developer's SPA lawyer.

Nevertheless, if one have signed up with the original developer's SPA lawyer, under the Conveyancing Practive Ruling, the original developer's SPA lawyer can only charge a maximum of 25% of the FULL Fees.

Is there such a rule in Conveyancing?

Regards
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answered on Jun 23, 2005 at 11:05
by   stranger
You are certainly very excited over your knowledge on the correct fee chargeable.  If you take a step back, ask yourself is there any necessity for you to assert your "rights" BEFORE you get a definitive answer for your solicitors over their billing.  Waiting till they justify their billings, then it would not be too late for you to tell them what you think should be the right figures.  I suppose both your solicitors and you would be happier and able to reach an amicable solution.  Failing which, I suppose you would still have the rights to ask for taxing, if it is done before the limitation period.  Check it out yourself, I get a feeling it may be 6 months on billings or 1 month upon payment.
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