What should I do when I am caught in a dispute with my tenant such as defaulting rental payments. Can I evict my tenants? Seek for legal advice before you act further. We have been in the business with the all-time landlord in solving their disputes by legal means.
Distress action is often the best option for business or office premises when the tenant is carrying out their business. It is a highly anticipated relief used by landlords to ensure the tenancy is well paid off.
It is important to have a well drafted tenancy agreement to protect the parties in respect of renting the premises. It is often being neglected by many landlords and deeply regretted when the tenancy agreement is not well drafted to accommodate when the dispute arises. A safer protection for your beloved property at a fraction of cost.
I have just received my keys to my new property but the developer has delayed for months or years! What are the legal rights I have? Can I sue the developer? Liquidated & Ascertained Damages (LAD) are damages in compensation to the aggrieved parties whom they are legally bound by the sales and purchase agreement (SPA / S&P) when there is an actual late delivery of vacant possession of the property.
Late interest arises from any forms of contract (legal & valid contract) are claimable provided parties have expressly agreed on the terms of such interest. In cases where we have acted for purchasers as well as vendors when there is a delay caused by other party(ies), the basis of the claim relies very much on the terms of the agreement or contract executed by the parties.
Breach of Contract
It is not uncommon to see parties breaching contracts whether it is a minor or a material breach these days. It is important to seek for legal advice before acting further in order to weigh your position. A case for a breach of contract may be an employment agreement, franchising agreement, licensing agreement, general contract and etc.
What should I do when I realised someone is using my trademark without my permission? I have not registered my trademark. When there is no supporting registration like other registered trademark owners, passing-off may be used and it is available for the aggrieved party (who has never registered their trademark but has claimed their use of its mark earlier than others) in taking an action against the infringer. The evidence of use is very crucial and it requires stronger evidence to prove your case.
Trademark expungement is available to those aggrieved by a similar or identical trademark registered by some other party with the Intellectual Property Corporation of Malaysia (MyIPO). This has to be proven by the original owner of the trademark that they have prior use of the trademark in order to succeed in an expungement proceedings. An expungement may be allowed under the s.46(1) of the Trade Marks Act 1976.
We have been assisting companies in expanding their brands and business throughout Malaysia. The importance of having a franchising or licensing agreement at the beginning stage of expanding your business is very important as your new ventured partner carrying out your business could be scrutinised by having the necessary and important terms in the agreements.
How important it is these days in leaving a will behind when you have passed on? It is better safe than sorry to have all your wishes put down in writing to avoid any unwanted hassles/inconvenience caused to your family members which were already grieved by your passing. Why should I write a Will? Click here for FAQ.
What should you do when your loved one dies? From frozen assets to the properties which were still in the name of the deceased. Obtaining a grant of probate or letter of administration is the key to your solution.
Distraught with your marriage when reconciliation is almost impossible. Knowing your rights before getting a divorce is important. Click here for FAQ.