QUOTE(dariofoo @ Aug 13 2011, 04:01 AM)
Ok now the facts are clearer, although not 100%. So the Nemo dat quod non habet - "he cannot give what he does not have" - principle will be applicable in your favour as the developer cannot purport to sell it to another person (the neighbour) when it has sold it off to the vendor in the first place. So the purported sale to the neighbour would be null and void and of no effect. So my earlier advice would not be 100% applicable, in light of the factual matrix which you have just stated above.
It's breach of contract by the vendor against you. It is not fraud though. Don't merely use the word fraud as it is a bigger word than you think. It is not easy to prove fraud and in this case, from the basic facts stated, I doubt if the vendor is a party to fraud. I'm sure he is as ignorant about the purported subsequent sale as you are.
As explained earlier - you sue the vendor for breach of contract - the vendor will subsequently bring the developer in as a third party, and perhaps the neighbour as well. It's messy, and would cost you quite a bit of money in legal fees as well. Whether or not you can recoup the legal fees from the other parties in this case once it's over is another issue.
If you're going to reside in the unit after this, bear in mind that going on the warpath against the developer and your neighbour, albeit indirectly, may not be the wisest option.
However, if you are going strictly on the principle that you ought to get what you paid and contracted for, then by all means go all out to get that parking lot assigned in your favour.
From the facts presented herein, you do have a good case. The neighbour's remedy would be to sue the developer for damages only, as he can't get back the parking lot.
I'm going to pre-empt you at this stage before you ask me and inform you that legal fees for litigation (court) matters are subjective and differs from firm to firm. There's no market rate, usual rate, normal rate, etc etc etc. So if you want to find out, you need to see a litigation lawyer, set out your facts, and ask for a quotation for legal fees.
I wish you all the best.

Dear Dario,
Thanks again for your reply.
Actually, I have no intention of "wrestling" the car park A from my new neighbour, that would not be fair to him as mentioned earlier in my post, he purchased his condo 3 years ago.
I have checked and the purchase dates show neighbour purchased condo + parking lot A in 2008 and my vendor in 2009.
So in all fairness, parking lot A does belong to my neighbour.
I am willing to accept the replacement parking lot if the developer/ vendor will compensate the damages.
I know that for many, I may sound petty, haggling over a simple parking lot.
But then again, I stand for what I have purchased knowingly.
The parking lot location is part of my consideration for the purchase, as I have elderly and a family member with knee conditions.
The replacement lot (B) is not only further away, it can only be accessible after a flight of stairs.
Can anyone guarantee the absolute safety of any condo/ parking areas at all times?
With the entrance further away, I will always have a niggling fear for my family's safety.
If everyone's considerations/ requirements are the same, surely there will no longer be any need for lawyers?
I've written to the developer in black/white, requesting for a reply to this matter.
My letter to them is very simple, I stated the facts that they have sold the same parking lot to 2 different owners and I requested that they reply formally with a suitable solution.
Today, their sales agent called and say that his boss is not willing to reply to my letter in black/ white and will only proceed to do up a supplementary agreement for the parking lot B.
With them hedging like this, I am not very comfortable and confident with their methods.
By the way, I also discovered that my vendor is actually the construction company for the developer. And the developer contra-ed this unit and a few other units to my vendor as payment.
And the developer had informed me that they have submitted the master title to the government to issue individual titles.
Please advise how I should proceed with this. How can I quantify the damages to claim?
Thanks again.