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Isaclim
post Feb 23 2011, 02:24 PM

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Hi

I have a question regarding on selling property.

I had sign the s&p on Aug 2010, and understand the 3+1 months is start upon getting the Developer confirmation(consent) and/or State Authority consent(if applicable). After sign the s&p i was chase the lawyer till now, and i bore with him. The last reply i get is the redemption is done on JAN2011, and the s&p Completion Date is on 29.3.2011.

My question is, that means, he(lawyer) only get the Developer confirmation(consent) and/or State Authority consent on 29.12.2010.

1. Did we able to know by which Date the Developer had sent the confirmation(consent) to him(lawyer) ?

2. I heard that, freehold under Selangor , State Authority consent is not needed, am i right? if no, again, can we able to know by which Date the State Authority had sent the consent letter to him(lawyer)

Me(owner) was using the same lawyer from purchaser, so wondering the lawyer will more stand from the purchaser view or not.

If able to get proven documents that the lawyer had get the Developer confirmation(consent) and/or State Authority consent early than 29.12.2010 would you suggest me take legal action or charge the interest on remaining balance.



Property Detail :
Appartment (freehold) Selangor
Completed on Feb 2010


Thank you.

This post has been edited by Isaclim: Feb 23 2011, 02:40 PM
Isaclim
post Feb 23 2011, 04:10 PM

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QUOTE(dariofoo @ Feb 23 2011, 03:48 PM)
Isaclim:
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Hello there.
In your case time would run from the date the letter of confirmation by the developer is received by the purchaser's solicitors. You can ask them to fax you a copy to see when it was received, or you can get a copy from the developer's office as well.

If the completion date is on 29.3.2010, then yes, confirmation would've been received on 29.12.2010.
You are deemed to be unrepresented. Don't go under the wrong assumption that you are sharing lawyers. The lawyer is acting for the purchaser and will only act in the interest and/or benefit of the purchaser.
Your remedy would be to write to the purchaser's lawyer informing them of the error and stating the exact completion date. Remember it's normally not from the date of the letter but the date of receipt of the letter by the lawyer from the developer. Read the SPA again to confirm the right term used. The developer can date the letter early but may issue it out only a week later, sometimes by post only. If you get a copy from the developer, get one with the acknowledgement chop by the law firm.

You can't take any other legal action or charge the interest. You just correct the completion date. Period.

Good luck
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Thanks alot, I know what to do next smile.gif
Isaclim
post Feb 24 2011, 10:12 AM

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QUOTE(dariofoo @ Feb 23 2011, 03:48 PM)
Isaclim:
» Click to show Spoiler - click again to hide... «


Your remedy would be to write to the purchaser's lawyer informing them of the error and stating the exact completion date. Remember it's normally not from the date of the letter but the date of receipt of the letter by the lawyer from the developer. Read the SPA again to confirm the right term used. The developer can date the letter early but may issue it out only a week later, sometimes by post only. If you get a copy from the developer, get one with the acknowledgement chop by the law firm.

You can't take any other legal action or charge the interest. You just correct the completion date. Period.

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Hi, I had call the developer and request for the acknowledgement copy, but they(developer) reply that they did not have any acknowledgement chop by the law firm, since they post it (Issue Date : 23/9/2010, Post Date 7/10/2010). I had request lawyer to send me a copy. If lawyer insist say they receive on 29/12/2010 , is there anything I can do? sweat.gif



Thanks.
Isaclim
post Feb 25 2011, 04:38 PM

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QUOTE(dariofoo @ Feb 24 2011, 10:21 AM)
To be honest, it does sound quite fishy from the lawyer's end as it does not take 3 months for a letter of confirmation to be sent out by the developer. Normally they are quite fast.

Did they fax it first? How do they know that it was posted on 7/10/2010? AR Card? Certificate of posting? Check with them.

How can there be an almost 3 months gap from date of posting to date of receipt?

Someone is lying. bruce.gif

But the question is....who?????  hmm.gif 

March up to the law firm and ask to see their acknowledgement copy immediately.
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I still waiting lawyer to revert my request on getting the copy of letter of confirmation by the developer, meanwhile I check back my mail box, i had recieve a email from law firm, Date 25.11.2010

the mail content (with attachment of a letter the law firm send to developer for requesting the master chargee infomation):

The developer just provide us(law firm) the particular of the master chargee recently despite we have asked from them quite some time ago.

they have already written in to the Master Chargee for the Disclaimer Letter and we shall proceed to advise the Bank to release the REDEMPTION SUM to the Master Chargee as well as your BANK."

My question :
1. Without letter of comfirmation by the developer, they(lawyer) cant start any action inadvance right? It prove that they(law firm) should receive the confirmation letter quite some time already, am I right?

Thanks
Isaclim
post Mar 1 2011, 07:58 PM

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QUOTE(dariofoo @ Feb 26 2011, 12:42 PM)
Yes, they would wait for the developer to revert with the letter of confirmation as the letter would state particulars of the master chargee and the latest position with regard to same. Even if you look at their e-mail they stated "The developer just provide us(law firm) the particular of the master chargee recently".

I would say that information was given by the letter of undertaking.  nod.gif
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Hi,

Finally i get a called from the law firm. The lawyer's staff(She) mentioned that, the start count date for 3 months is when received 'Disclaimer Letter' from the master chargee. She say, get this letter very late which is 29/12/2010, the master chargee(CIMB) is from Kuantan. rclxub.gif

My question is, does the Date of fulfillment of Condition Precedent is include the master chargee Disclaimer letter ?

I had read through SPA again regarding this clause 'Date of fulfillment of Condition Precedent' but i not sure does this clause really got mention regarding to include the master chargee's Disclaimer letter or not.

if needed, i can copy paste the clause, if u can help me this.

Thank you very much

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