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Investment EMPIRE RESIDENCES @ DAMANSARA PERDANA [OT], A futuristic gated and guarded community
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the s.crib
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Jul 22 2015, 02:08 PM
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New Member
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If I'm not mistaken, the letter from MOH is subject to certain conditions to be fulfilled before the extension can be granted.
One of the condition is that all affected purchaser will need to agree with it. The MOH letter is attached to the carbon copy letter that MEH has requested to purchasers to sign.
Hence, MEH has been sending letters to purchaser to acknowledge their carbon copy type letter. The last of such letters, to my understanding, seemed like a letter which seem like an intimidation whereby it was worded in such a way that MEH shall not be responsible for any consequences to purchasers if its not signed.
Once signed, they would have deemed purchasers accepted the terms of MOH and as such, they would take it that purchasers agree to change terms of the delivery of parcels from 36 months to 42 months. And I have a feeling this is not right as all SPA conditions should be fully explained by solicitors. In which case there wasn't. Hence, in no way should the carbon copy of the MEH's letter effect any changes to the SPA under 2 circumstances, 1 being not advised by lawyer of changes and 2, there was no actual amended SPA signed.
Anyway if not mistaken MOH required all purchasers to sign. If not mistaken la ya. SO even if one doesn't sign, and if you know u didn't, there should still be a case of full LAD (without taking into account the MOH 6 months extension) for all purchasers.
Also, do note that the LAD for each individual buyer will probably amount to more than RM50k in which the Housing Tribunal will not entertain. Hence, certain class action will need to be taken if its such.
Further, a conversation with a lawyer familiar with development related cases indicated that even with the extension, it doesn't absolve MEH from paying full LAD. ITs just an extension, probably as a condition for renewal of developer licenses and permits.
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the s.crib
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Jul 24 2015, 01:47 PM
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New Member
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Hi there,
Me have no lawyer per se to advise on this matter or will be handling any form of action to be taken yet. Perhaps whats needed is to appoint one which currently I have not begin searching for one. I'm sure that there are also well versed lawyers amongst the buyers who would be able to advise. Its just a matter of searching out who they are.
As per KoChin, we should at least wait for the completion of the properties (or at least closer to the date since they keep shifting the completion date promises i.e. Dec 2014, March 2015, June 2015 and now Sept 2015... who knows whats next). Those first batch purchasers should be able to receive them by this September. Fingers crossed. At least a completed property than a suit of a RM2 company, if it is indeed a RM2 company.
Well, even if it was a RM2 company, it would probably have the parent company's guarantees for its loans and such loans are perhaps at this juncture not fully redeemed (due to ongoing development there for the next phases). This could mean that any class actions, which results in a contingent liability to the Company would have to be looked into by the parent if these loans were indeed guaranteed by them. Depending on the loan structure, it may result in cross default in parent company's loans and other projects may be affected. Hence, it may be wise that MEH does take the claims seriously.
We should meet up but under circumstances whereby there are substantial number of purchasers agreeing in meeting up... else pointless. And better yet, if we had a solicitor whom can be recommended for the case to drop by as well.. otherwise, will be just a lot of grieviences that we will be talking about.. i.e air..
If we could only fetch the names of the purchasers, in which, some of the agents would have. With these, then we can gather gather and discuss.
Whilst I would like to see a positive outcome, I do not have the contact to the names of the purchasers. Perhaps if someone can come out with the names of the initial purchasers and their contacts, it would be a good start.
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