(1) Without affecting the generality of Section 84 of the Legal Profession Act 1976,
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.
(2) Where an advocate and solicitor acts for a
purchaser in the purchase of a housing accommodation developed under a housing
development, he shall not receive his remuneration for the transaction from the
housing developer, and the developer and the purchaser shall each pay for the
fees of his own advocate and solicitor.
(3) Where an advocate and solicitor or the firm of which he is a member either
as partner or employee is appointed or empanelled as a member of the developer’s
panel of lawyers, he shall be deemed to be acting for the developer and he shall
not act for any purchaser in respect of any lot in the same phase of the housing
development.
Example:
If a solicitor or his firm is appointed or empanelled as a member of the
developer’s panel of lawyers for Phase 1 of a housing development project, he
may not act for any purchaser in the said Phase 1. If the solicitor or his firm
is no longer appointed or empanelled as a member of the developer’s panel of
lawyers for any subsequent phase of the same housing development project, he may
act for any purchaser in any subsequent phase of the same housing project in
which he or his firm is not a member of the developer’s panel of lawyers.
(4) When a solicitor acts for a developer and attests the signature of a
purchaser who is not represented by a solicitor in the transaction, the
solicitor acting for a developer shall in addition to obtaining from the
purchaser a certificate signed by the purchaser pursuant to the proviso of
section 84(1) of the Legal Profession Act, 1976 also inform the purchaser in
writing that he is not acting for the purchaser.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
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Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.