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Complaint against my S&P lawyer firm for being unprofessional

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asked on Oct 13, 2015 at 01:14
by   kun9999
hi,

I plan to file a complaint against my S&P lawyer firm for being unprofessional. Just need some opinion if my complaint have merits before I make an official complaint to Malaysian Bar. Chronology of events as follow:

Prior 31/07/2014 - Inspect the condo and noticed there's leaking ceiling in bathroom

31/07/2014 - Sign S&P and with additional conditions whereby owner must deliver the vacant premises with leaking ceiling fixed.

31/07/2015 - Collect house key

01/08/2015 - Noticed the bath room ceiling still leaking and took some photos and notified my lawyer

04/08/2015 - Made an appointment with condo maintenance crew to confirm the leak and email more photos and detail of the leak to lawyer.

In between 04/08/2015 to 07/10/2015, I made numerous email and call to my lawyer firm to follow up but seems like my lawyer firm is doing nothing beside forwarding my email to seller lawyer.

12/10/2015 - finally stop being Mr. Nice Guy and email & call the lawyer firm demanding that they take immediate action to resolve this. 

This is the respond from the lawyer firm:
• The owner already fixed the leaking before hand over of the premise and any future leaking after fixed is not the owner fault.
• When I mentioned that when I inspect the house on 01/08/2015 after collect the keys the ceiling still leak and the lawyer firm say they cannot do anything if the seller not willing to fix and advise me to file for legal actions against seller.
• When I asked how come the lawyer firm cannot do anything? They say they only do S&P agreement which is to ensure the S&P is complete until handover of keys.
• When I asked if the lawyer firm still keep any balance from the deposit paid? They say no as they already paid the remainder to seller after ensure all bills & keys had handover.

In summary I questioned the professionalism of the lawyer firm:
1. I already had an clause in the S&P saying that seller must fix the leaking bathroom ceiling
2. The next day after collect key, I already inform the lawyer about the leaking ceiling and the conditions of the S&P not meet.
3. How can my lawyer simply paid the balance when myself already informed him that the S&P conditions is not fulfill.
4. My lawyer now asking me to engage other lawyer for legal actions against seller if the seller not willing to fix the leaking ceiling.
5. Throughout the process the lawyer firm had change 3 person in charge of my case and perhaps this is why they fail to protect my interest.
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8 Answers
answered on Oct 30, 2015 at 14:02
by   vkpc
The lawyer already told you, after the leak was seemingly fixed, they released the balance. 
Lawyers are not experts at checking bathroom waterproofing.
One day after handover to you, a new leak sprang up.
So how can they be faulted?
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answered on Nov 9, 2015 at 04:54
by   kun9999
edited Sep 26, 2016 at 07:54
 
@vkpc

Thank you for your reply.

Well upon collect the house key and inspect the house the next day. I immediately notified my lawyer about the leaking ceiling. I just wonder if the lawyer acted appropriately by releasing the balance even when I already notified him about the leaking ceiling.

Sorry I not sure how S&P lawyer works but isn't it lawyer should withheld the balance when the property did not meet the conditions set in S&P upon handover (Please bear in mind I notified him after getting the keys next day).

Thank you for your comments!
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answered on Nov 10, 2015 at 13:01
by   vkpc
I immediately notified my lawyer about the leaking ceiling.
But you forgot to remind him not to release the balance payment.
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answered on Nov 14, 2015 at 18:44
by   kun9999
Yes, I didn't remind him not to release the balance of payment but I wonder is it my job as client to remind what lawyer should do or shouldn't? I kinda puzzled if I need to remind lawyer what he need to do since I already paid for his professional service.
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answered on Jan 23, 2016 at 17:47
by   Anonymous
edited Sep 26, 2016 at 07:55
 
So the morale of this case is get a price reduction to the purchase and fix it yourself instead of tagging it to the S&P.
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answered on Feb 17, 2016 at 06:46
by   kun9999
What do you mean by price reduction? as the S&P already signed.

Anyway I am making a complain to Malaysia Bar regarding the professionalism of my S&P lawyer, hopefully they will assist me.
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answered on Mar 5, 2016 at 08:26
by   Wisernow
Just what I wrote. Mixing sales and purchase agreement with repairs is complicating things. too late for you but to potential buyers, look at the house, estimate the repairs, ask for a price reduction and fix it yourself later. If he does not want to reduce the price, then you can decide to buy or not to buy.
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answered on Sep 3, 2016 at 00:45
by   Hakuna Matata
Here is 2 cent opinion.. do a joint inspection on the day of delivery of VP. If there is an issue, inform lawyer to hold or to ask the seller lawyer to hold release payment. Cheers!
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