Scan and put up a copy of the booking form here. If you worry about privacy you can black out the personal particulars. Just need to read the fine print. 

suiteng:


Booking form doesn't stipulate that many terms and conditions as there usually would. What it does represent to you is the unit and price of the property.

It is clear that they don't even have a license and advertising permit for the project. That is why at the moment, even an SPA can't be executed by the parties. It is a mere booking collection exercise most probably done to gauge public's response to the project in mind.

Once you sign the fresh documents you effectively waive all your rights against the developer with regard to the representation made in the first booking form, especially in relation to the unit description and price. So option one would be to agree to such waiver and just execute the documents.

Option two would be to go against the grain and assert for your right to be sold a property befitting the description and price as stated in the booking form. It would be difficult if you're on your own, but if the developer is faced with a class action of perhaps 200-300 purchasers who have placed their bookings and who now feel that they have been misrepresented (coupled with some media publicity) - then perhaps there can be a chance that they would give in and proceed with the initial development plan.

But personally I doubt if that would happen. There must have been a reason why they had to make the change. However, it is not disclosed very much in detail in their letter.

If you want to go for option two - appoint a lawyer and send out a legal notice. Your lawyer would receive a reply from their lawyer - and that reply can shed more light in this matter.

Good luck 

Just want to add something.

If you want to take the developer to Court to enforce its promise made via the booking form, what you are going for is called specific performance (SP). In property transactions, SP is a usual remedy to compel a seller to sell the property to the purchaser based on a letter of offer to purchase/SPA. In such cases, it is quite clear cut - the property is defined (usually a completed, tangible property) and the other details are all ironed out properly in the letter of offer/SPA.

In your case, there are not much details in the booking form. What you have is just basically description of the property and the price. You now want to compel the developer to construct a property which fits the description (whatever little stated) in the booking form via an order for SP. There's not tangible property yet, so your SP would be for the developer to construct and thereafter sell to you that particular unit at that particular price, as stated in the booking form.

As far as the law is concerned, SP will only be granted where damages is not an adequate remedy. In the earlier example given, the Court will allow the SP as there is no reason why the seller ought to be allowed to off the hook just by paying damages to the purchaser. The purchaser must be given the right to purchase that particular unit at the agreed price. Damages will not be an adequate remedy in that case, as there is no duplicate for the property which the purchaser can turn to. There is only that one particular unit which has been identified and agreed upon.

In your case, there isn't even a tangible property to begin with. The developer can rebut your case by stating the reasons why the project could not be constructed and sold to you at the initial agreed price and/or description. The explanation through their letter (although vague) would be their point of reference. Probably they did not get their developer's license for that description of property? In that case, it has become impossible for them to continue to construct that property. In such case, SP will not be granted by the Court.

Furthermore, in your case, damages (compensation) could be an adequate remedy. What are your losses so far? A few thousand RM in booking fees? You haven't even appointed a lawyer to draft out the SPA. Even if you had, damages would cover reimbursing you all legal fees paid.

As such, I think that it won't be easy to get an order for SP in your case - even if you get around 200-300 purchasers to kick up a fuss.

Nothing to lose to consult a lawyer though. Just don't end up wasting good money chasing bad money. Make sure that the lawyer has a good battle plan lined up.

Good luck 

Of course. And it would be highly likely that they will refund your booking fee and close the matter.
You can't claim for RM118k. You can only claim your booking fees and all disbursements/legal fees incurred up to date.