Odsyauy 9.20am -

"Omg, cos I received letter frm developer not entitled for free of 1st yr maintenance fee dy, now if they told me not entitled for defects claims then sure I will complain n get back my rights...hope I not that bad luck"

only re: maintenance fee, not defects......lol

Odsy

I dont have the full SPA cos mine's with lawyers for stamping. Where does the maintenance fee waiver appear originally? Is it in the SPA or just a side letter? Rgds

Sorry, I mean, your seller - where is his waiver found? If side letter and not Principal SPA, then yes, you will not be entitled, cos that is only a side agreement between Nadayu and ori. buyer. Like the rebate, any smart developer would not put this in the Principal SPA... sorry for you if that is the case

BTW, are you Type E?

It's a freebie given to induce sales, or already priced into selling price! Secondary sales dun benefit developer. That's why....

No legal compulsion for developer to grant if not included in principal SPA.

[quote=optimus28,Aug 9 2013, 09:24 AM]
I think we are confusing defects with warranty. The warranty is covered for subsale (check what are the items covered by the warranty).

However defects (all others that are not covered in the warranty) are not applicable for subsale. This is pretty standard for most developers.

In fact, some developers only give home owners one chance to check defects, after repair is completed and the owner signs off, the obligation to repair more defects is over. So obviously it can't apply for subsale purchase.

The best thing to do now is to check the defects and report to developer under original purchasers name. That should solve the problem.

In future, for subsale buying, check the property first before confirming!

[/quote

Bro

How do you explain clause 29(1) which I quote:

"Any defect, shrinkage or other faults in the said parcel...which shall become apparent within a period of 24 months after the date the Purchaser takes vacant possession..."

That to me is clear as day. Not all defects are apparent upon first checking, hence 24 months is provided, whether to original purchaser or the 2nd purchaser, as assigned.

I am not overly concerned if developers take the high horse and insist on a one time check at time of VP. Of course they find this more convenient, and to avoid any disputes on contributary negligence by the purchaser if defects are reported at a latter date. I have reported defects in 2 of my properties, one of which reported 3 times, the other had a defect in concealed aircon piping which occured 18 months after VP, which naturally was not apparent earlier on. The developers in both cases were happy to carry out the works at no cost to me.

I understand your view that there could be disputes if there are obvious defects like chipped paint and tiles, which should be reported asap. But nevertheless, I still hold that the 2nd purchaser can still report them (and he can no doubt prove that the original purchaser never occupied the property). Plastering work, wall tiles or door hinges can come undone or drop off months after VP and this can be reported without any issue. It's due to poor construction of the developer, which is warrantied.

So yeah, doing what you suggest is wise, but IMO is not the first and last chance to report defects

Yes, so let's not rock the boat unnecessarily, which is creating a lot of bad vibes here, though Nadayu is innocent

My bro was architect for one of the group's projects, and he had some issues with payment. Ended up with unsaleable bungalow lots. Take care bro...Enuf said!

Bro, I have read the whole sentence. I dint omit it, just too long

Well, poor construction not in accordance to plans will cause these problems. Following your argument, the developer does not need to do any defect rectification, by arguing that the building was constructed according to plan. What about lousy materials, bad workmanship? It is impossible to state all the possible defects in the SPA, it would take 100 pages

Yes, IMO they are legally obliged. Unless they can show the defect was due to YOU or YOUR negligence..Let me know if you encounter any problems of this sort, and need my support. I can also introduce an excellent lawyer to you if it is a big issue...hehe

Tropicana is linked to Berjaya Gp. so, reputation..hmmm

Seremban. A dying resort...15 years already still at least 85% b'low lots without houses. totally zilch demand. my poor bro..

as Optimus said, got that kind of reputation in mkt...check with your friends.

Ya la, if you report a minor defect like chipped paint 12 months after VP, of course any developer also wouldn't giv e a hoot. We got to be sensible too and report the defects as soon as possible

This post has been edited by jit13: Aug 9 2013, 11:24 AM

scared of elder bro. bad experiences. they say blood is thicker than water...

Sorry, that's rubbish.

Please read my earlier posts, and read your SPA carefully, e.g. what is the definition of "Purchaser", the meaning of "Assign", etc. I won't bother repeating it here.

Agree with Optimus as well re: your comment on speculators. Please don't assume that people are speculators just because we are trying to clarify the issue of the rights of subsale buyers to help a subsale buyer who posed the question here (please read Odysauy query a few days ago). Neither Optimus or I are subsale buyers. Please respect the discussion instead of telling people in ann open forum 'no need to bising'. Thank you and no offence...

I'm out of here.

My view is based on what my lawyer friend advised. I trust his learned opinion, and my own reading of the SPA does not contradict his view. But I respect your opposing view, no problem with that

My main practical concern is regarding undetectible defects at the time of subsale. E.g. like the experience I actually encountered - what if the developer provided concealed aircon piping, and it starts leaking 12 months after VP, and after the subsale has taken place? Do you think the developer can agree that this is a 'structural' defect but however, the warranty is not applicable? Putting aside the argument on the validity of warranty, can you imagine if the media writes about this?

Cheers!

Don't know if still available, but saw an ad in Star before Raya on N92 superlink. Was informed by the agent that there is a Type E intermediate unit, south-facing, and the asking price was RM950k. I think this will suit your budget so you may wanna check it out asap, especially if it is selling below market price... Good luck, bro! .

Can also check with Nadayu if any intermediate Type I at northern boundary with K2 still available (one left a month ago). That row is further away from the apartment and doesn't face it (faces south opposite another row of Type I houses). Dunno current developer price, but will definitely be much cheaper than completed units...if price is major consideration. Not long to wait - end 2014 as per SA.

Welcome Bro, I am Type I too. You must have bought one of the last few units available!