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

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SUSgogo2
post Nov 6 2011, 01:11 PM

gogo2
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From: Penang


Hi lawyer,

After I signed s&p, developer go and change plan which make the room smaller (they want to give a space for air cond outside. )

I dun like it. They tell me I can't do anything for me because other buyer sign and agree and they won't accommodate me and force me to sign.

The question is, what happen if I refuse to sign? Can I cancel the purchase and get full refund?

Thanks
SUSgogo2
post Nov 7 2011, 12:56 PM

gogo2
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18,672 posts

Joined: Jan 2003
From: Penang


QUOTE(dariofoo @ Nov 7 2011, 10:59 AM)
I'm assuming that the size of the unit has been reduced pursuant to the change in the plan. Am I right?

One of the required clauses under the Act is that any reduction as to the size of the unit entitles you to a refund (based on the sixe of the reduction). Check your SPA to locate that clause.

However, it does not give you the right to repudiate (cancel) the SPA.

Did the developer give you a copy of the stamped SPA before they told of you of the intended change of the plan? In other words, do you have proof of the original plan?

If you have proof, then instruct your lawyer to write to the developer formally. Unless of course your lawyer is appointed by the developer (free legal fees?)  doh.gif

In that case, you have to appoint your own lawyer.

After some bugging they might just decide to agree to abort the SPA and refund all monies paid by you. That is a long shot. They can just refund you based on the reduction.
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thanks mr foo

the size of the land still the same. if build up include the aircond ledge, then build up also same. but because air cond ledge, room is smaller.

i have the email from them original vs altered plan. so i have proof.

they haven't stamped the s&p. they say they can change s&p becauseof this. he said other owner signed already.

thanks for reading.

by the way, it is free legal fees. lol

This post has been edited by gogo2: Nov 7 2011, 12:58 PM
SUSgogo2
post Nov 7 2011, 04:04 PM

gogo2
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18,672 posts

Joined: Jan 2003
From: Penang


QUOTE(dariofoo @ Nov 7 2011, 02:21 PM)
I see. Then that clause is no longer applicable.

If both parties have executed the SPA it is deemed to be final. Stamping is just a mere formality. If you want to assert your right to the original plan (as at the date of execution), you need to engage another lawyer to send a letter of demand to the developer.

You need to instruct this current lawyer that you are not proceeding with the transaction due to the change in the plan. 

icon_rolleyes.gif
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thanks. i'm unable to contact this lawyer today. will contact him tommorow.

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