Welcome Guest ( Log In | Register )

Bump Topic Topic Closed RSS Feed

Outline · [ Standard ] · Linear+

 Lawyers Corner, A one-stop centre on lawyers and queries

views
     
RDPD
post Oct 26 2011, 06:05 PM

Getting Started
**
Junior Member
245 posts

Joined: Nov 2006
Hi, i have an issue where the developer is charging me late charges due to the late progressive disubursement by the bank. Below is the timeline of things took place:

24/10/2010 - Paid 10% downpayment
12/01/2011 - Loan offer letter produced from bank, and signed
16/01/2011 - S & P signed
20/01/2011 - Letter from developer saying approval of loan from bank, and demanding to pay the amount difference between loan amount and purchase price
25/04/2011 - S & P stampped
25/04/2011 - Loan agreement stampped

Progress claim Date claim Due Date (21 days) Date Paid Over Due Note
10% 24/10/2010 24/12/2010 24/10/2010 No 10% downpayment
20% 14/11/2010 04/12/2010 02/12/2010 No Self paid as there's issue with bank loan
35% 15/12/2010 05/01/2011 26/01/2011 Yes Self paid as there's issue with bank loan
30/05/2011 Yes Late disbursement by bank
45% 09/01/2011 29/01/2011 30/05/2011 Yes Late disbursement by bank
55% 26/01/2011 15/02/2011 30/05/2011 Yes Late disbursement by bank
75% 27/03/2011 16/04/2011 30/05/2011 Yes Late disbursement by bank

80% 13/06/2011 03/07/2011 10/07/2011 Yes Late disbursement by bank

Based on the information above, is it the late disbursement by bank is due to the delay from the bank/lawyer side? Since the loan offer letter 12/01/2011 already signed and developer already noticed of approval of our bank loan on 20/01/2011?
If the late disbursement by bank is due to the delay by bank/lawyer, i ssupose the late charges should not be charged to me?

Please let me know if any further information is needed.
Thanks a lot! smile.gif
RDPD
post Oct 27 2011, 12:08 AM

Getting Started
**
Junior Member
245 posts

Joined: Nov 2006
QUOTE(dariofoo @ Oct 26 2011, 11:45 PM)
How much is your loan sum?
Has the developer demanded from you any late penalty interest so far?
*
Hi dariofoo,

The loan amount is 60k.
Yup now the property is completed, and the developer ask me to collect the key, but before collect the key, need to pay the late charges.
From the situation, i suppose the late charges should not be charged on me?
What should i do?
Thanks a lot! smile.gif
RDPD
post Oct 31 2011, 10:46 AM

Getting Started
**
Junior Member
245 posts

Joined: Nov 2006
QUOTE(dariofoo @ Oct 27 2011, 01:32 PM)
There seems to be an unsual delay at the 45%, 55% and 75% stages. The delay is from the bank, and not the lawyer. The lawyer's role comes to an end once all the original documents and security documents has been handed over to the bank and the advice for drawdown of the first progreesive payment is given by the lawyer. After that, it is between the developer and the bank directly.

Has the developer shown you a copy of the respective copy of the their letters demanding payment of progressive payment acknowledged by the bank? Letters can be dated anytime, but it is the date of receipt by the bank which matters.

If indeed there is a delay, you first have to make payment to the developer in advance, as you need to collect your keys. After that, go to the bank and demand to be reimbursed by them. You would need to write officially to them, supported by documentary proof of the delay on their part.
*
Thanks dariofoo for the advice.

Will try to get the letter from developer.
Anyway, what is the chances that the bank will reimburse, and how long will that take?

Thanks! biggrin.gif

Topic ClosedOptions
 

Change to:
| Lo-Fi Version
0.0175sec    0.50    7 queries    GZIP Disabled
Time is now: 29th November 2025 - 05:21 AM