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EMPIRE CITY @ Damansara Perdana/Mutiara Damansara, Mixed Development Project in Damasara KL
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nookie188
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Mar 16 2016, 05:22 PM
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QUOTE(kochin @ Mar 16 2016, 05:16 PM) fixed. a very structured response. now this is a rational way to look at things. solely based on the SPA as it is also the only document that binds the buyer and seller. it it true that DLP is only 6 months or rather retention under stakeholder is only 6 months? if it's true. then wish you all the best. 6 months after VP date?? if so , for some buyers, defect period already over before it even started??
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spreeeee
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Mar 16 2016, 05:24 PM
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QUOTE(jinsailoo @ Mar 16 2016, 04:18 PM) no, it should be VP very soon it doesn't looks like can be VP soon
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samkps
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Mar 16 2016, 05:28 PM
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QUOTE(Summer7403 @ Mar 16 2016, 05:22 PM) Yes, you are right, DLP is 6 months from VP. In which is worrying for me because electrical and water can't be tested, normally TNB and Syabas meter comes in the last nearing/shortly after CCC. And CCC is targeted 6 months after VP. Under HDA SPA, it does state you have the right to hold the retention sum if the defects are not completed within 30 days and after 14 days notice given to developer. But not this SPA. It was silent. solely mentioned that defects are to be completed within 30 days. That's it. This is indeed a complicated case, what will happen if the CCC only obtained more than 6 months after VP? DLP still prevail? If the developer fail to complete the defect within 30 days, what is subsequent stage? For this non-standard SPA, is there any stakeholder sum retained by the lawyer?
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kinx
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Mar 16 2016, 05:30 PM
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Getting Started

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HINT: please check how ED was VPed. It should able to answer many questions here.
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samkps
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Mar 16 2016, 05:30 PM
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QUOTE(nookie188 @ Mar 16 2016, 05:12 PM) actually can confirm that the instalments have already commenced for some EC buyers ..besides maintenance payments. Seriously, this is a true buyers being victimized case for a non-HDA project, where there is no law able to protect them.
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Frostlord
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Mar 16 2016, 05:32 PM
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QUOTE(JustNobody @ Mar 16 2016, 04:59 PM) No wonder now so many same type of projects (under commercial title) around klang valley... Heard Selangor accept no more SOHO, SOVO type of project now... Good thing? yup. thats why i always advise ppl not to buy this sovo/xo/fo stuff. Check first if its under HDA. last i checked only SOHO is covered but thats a few years back
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Summer7403
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Mar 16 2016, 05:37 PM
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New Member
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QUOTE(samkps @ Mar 16 2016, 05:28 PM) This is indeed a complicated case, what will happen if the CCC only obtained more than 6 months after VP? DLP still prevail? If the developer fail to complete the defect within 30 days, what is subsequent stage? For this non-standard SPA, is there any stakeholder sum retained by the lawyer? Which is why I'll be doing my defects very soon. If there's no door, i will write no door. DLP 6 months from VP is written in my SPA. I'm not sure if all blocks sold have the same clause. It does not matter when you obtained the CCC when comes to DLP. Based on the SPA alone, you have to lodge in the defects in writing within 6 months from VP. So far, I've not gotten much information on what I can do if defects not completed within 30 days. Shall update once the issue arises.
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wil-i-am
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Mar 16 2016, 05:38 PM
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QUOTE(samkps @ Mar 16 2016, 05:30 PM) Seriously, this is a true buyers being victimized case for a non-HDA project, where there is no law able to protect them.  Can obtain help from MCA?
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Best property review
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Mar 16 2016, 05:41 PM
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Getting Started

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This development is under commercial title so it is not governed by HDA, all purchasers need to find some other ways to solve this.
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Summer7403
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Mar 16 2016, 05:44 PM
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New Member
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QUOTE(Frostlord @ Mar 16 2016, 05:32 PM) yup. thats why i always advise ppl not to buy this sovo/xo/fo stuff. Check first if its under HDA. last i checked only SOHO is covered but thats a few years back I can't agree more. But there are some big developers who has similar CPC to VP clause in their commercial project ( which is not under HDA) i.e. shoplot. Of course cuz they are reputable, more often than not they will not exercise such clause jeopardizing their name and image. As a consumer, we just have to be more cautious, read through the SPA, find out about the developer and all. And the past 5 years I have never bothered to look into the progress and all. Well, lesson learned the hard way i guess, for myself.
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bb68
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Mar 16 2016, 05:47 PM
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QUOTE(Best property review @ Mar 16 2016, 05:41 PM) This development is under commercial title so it is not governed by HDA, all purchasers need to find some other ways to solve this. if it is not governed by HDA, then it must be by something else. It will not be without any rules. Whatever regulations it is governed by, i dont think it should be different from the basic VP conditions. Never heard office or shop owner being bullied to this extend.
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netboy
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Mar 16 2016, 05:49 PM
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Developments under commercial title does not necessarily means it's definitely without HDA.
Some developments as "Serviced Apartments" or Serviced Residence" are usually with HDA, as developer applied for residential purpose on commercial titled land.
SOHO/SOFO/SOVO on the other hand are most likely without HDA as these developments are approved as "kedai" or "pejabat" and not for residential purpose.
Potential buyers can also look at layout brochures where properties sold with HDA are usually with furniture drawings (ie sofa, bed, tables etc) whereas non-HDA brochures are forbidden to show these items in their layout on the brochures (HINT: because they are "pejabat" not "rumah")
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newbi3s
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Mar 16 2016, 06:06 PM
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QUOTE(ahdar @ Mar 16 2016, 09:50 AM) i have a question, if get the key and developer cant fix the defects within warranty period, means owner have to pay the fees by themselves? Yes have to fix on your own. True story bro
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JustNobody
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Mar 16 2016, 06:09 PM
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Why in the first place want to differentiate it... Gov should treat all buyers same and equally no matter what. Buy house / shop also using hard earn $$.. Sigh...
Developer should be put into responsible, end product must be 100% finish in order to do VP, no question ask, no matter yours is commercial or residential... What the heck is gov doing this HDA non HDA.. To protect their cronies?
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nexona88
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Mar 16 2016, 06:11 PM
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QUOTE(nookie188 @ Mar 16 2016, 05:12 PM) actually can confirm that the instalments have already commenced for some EC buyers ..besides maintenance payments. useless developer
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kochin
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Mar 16 2016, 06:31 PM
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QUOTE(netboy @ Mar 16 2016, 05:49 PM) Developments under commercial title does not necessarily means it's definitely without HDA. Some developments as "Serviced Apartments" or Serviced Residence" are usually with HDA, as developer applied for residential purpose on commercial titled land. SOHO/SOFO/SOVO on the other hand are most likely without HDA as these developments are approved as "kedai" or "pejabat" and not for residential purpose. Potential buyers can also look at layout brochures where properties sold with HDA are usually with furniture drawings (ie sofa, bed, tables etc) whereas non-HDA brochures are forbidden to show these items in their layout on the brochures (HINT: because they are "pejabat" not "rumah") yeah. tell this to those who constantly challenge "who say one cannot live in office" gung ho individuals and property gurus alike.
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nookie188
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Mar 16 2016, 06:43 PM
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ya one more issue - no CCC , if owner sell also, there will be a delay..in SPA, date of completion will be calculated from date of CCC.. want to run also susah..
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RTFM69
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Mar 16 2016, 06:49 PM
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QUOTE(kochin @ Mar 16 2016, 05:16 PM) fixed. a very structured response. now this is a rational way to look at things. solely based on the SPA as it is also the only document that binds the buyer and seller. it it true that DLP is only 6 months or rather retention under stakeholder is only 6 months? if it's true. then wish you all the best. Hmm.DLP only 6mth from vp. good luck to those buyers esp those VP-but-cannot-access-own-unit-owners.
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samkps
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Mar 16 2016, 06:54 PM
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QUOTE(Summer7403 @ Mar 16 2016, 05:37 PM) Which is why I'll be doing my defects very soon. If there's no door, i will write no door. DLP 6 months from VP is written in my SPA. I'm not sure if all blocks sold have the same clause. It does not matter when you obtained the CCC when comes to DLP. Based on the SPA alone, you have to lodge in the defects in writing within 6 months from VP. So far, I've not gotten much information on what I can do if defects not completed within 30 days. Shall update once the issue arises. Seriously, if I were the purchaser, I would not feel comfortable to enter my unit to do the defect inspection by knowing that the unit is yet to obtain a CCC. What would happen if accident happen? In addition, before the CCC, presumebly there will be no water/electricity supply, how to do defect checking such as leakage on piping if these utility is not in place? Furthermore, if the unit condition is as those stated in the picture, how defect inspection can be done when the unit itself is not completed?
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nexona88
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Mar 16 2016, 06:55 PM
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QUOTE(nookie188 @ Mar 16 2016, 06:43 PM) ya one more issue - no CCC , if owner sell also, there will be a delay..in SPA, date of completion will be calculated from date of CCC.. want to run also susah.. very very bad for owner  already unit not complete
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