I sold an apartment, the S&P was signed in Nov 2008 and coming soon will be the last stage of the final release from the bank.

On 29 Dec 2009, my lawyer wrote... As regard to your matter, we have already advised the Purchaser's bank to release the final portion of the loan sum and are waiting for the release only.

My question : It has past 2 weeks and there is no news from the lawyer. Why is the final release taking so long? Is there a way which I can find out what/who is causing the delay?

I am not in M'sia right now. I wrote him numerous email (two per week) and he has not replied.

Your advice is much appreciated.

I had to ask my cousin who works in a legal firm to "investigate" and she found out that my bank has entered a caveat.

Strangely, my lawyer doesn't update me at all. Maybe I should start a new topic under "Lawyer Burok". Sigh.

The transaction took more than year? Nov 2008 to December 2009? That is crazy.

Maybe you should tell us who is the lawyer, so we can avoid going to the same lawyer.

Just noted your post - certainly a long time.

In my experience, most conveyancing lawyers do not have a system of following up on matters. They start a case off by getting the agreements signed (and fees collected) After that, it is left to one of the two lawyers to instigate action. If both have the same attitude, your matter will be left in the filing cabinet (or the floor) until you call and harass them. Their response would normally be "the other lawyer / bank is holding up the matter"

Malaysian Lawyers all have an attitude problem. They protect each other and are reluctant to bring up unpleasant matters. The Bar Council is no better - any complaint will cost RM 100 and they take years to finish the investigation - I believe they are hoping you would have lost patience and/or forgotten about it.

My solution :

Make it clear, in writing, that you expect time lines be maintained and that you will expect any delays to be reported to you, in writing. Report any breach to the bar council (sorry about the RM 100)

Do not pay all the fees until the deal is done.

Sorry about the tirade against lawyers. The monopoly they enjoy over the transfer of properties has given them a sense of arrogance

I believe most first time home owners are the "victims".

Unfortunately my lawyer has no courtesy to write. The only letter I got was a cc letter from my banker on the request of a redemption statement. He has the liberty to take ten days off during Raya and another week during Dec and I understand that he runs to land office as well. Time, interest... all at my expense. No professional etiquette and I wonder why they are still in town.

A caveat is a serious matter, and it is a great shame your lawyer lawyer has been this non-responsive, but then again he was recommended by the agent which is a sign.

Property buyers certainly should do diligent homework as to who they are working with and how careful they are of their profession and practice, and only work through references that you know can cause the lawyer an immediate loss of a whole chain of business if negligence occurs.

Anyway, you need to settle and remove the caveat. Try the bank first, if it is a silly matter and they are not being reasonable, I hear there are ways to remove the caveat directly at the land department. But if there is proof of remaining funds that have not being settled and all that then it'll stay until you sort it.

Good luck.