QUOTE(digittydog @ Jul 12 2013, 11:32 AM)
Believe me, I made alot of noise in their office at Menara Stan Chart on the day I collected the VP letter. Its not my fault what!
In the end, they still insist that I should and MUST pay up. Otherwise, I can walk. No money , no keys.... puiii!
They even say "look, we want to help solve your problem (oh now its MY problem?? ) We are willing to offer you a 50% off from the late charges"
I mean, c'mon man. Why Shld I even Pay RegalForm even a single ringgit? I'd rather give away the money to a temple or to Charity!!!
The more Purchasers of Nadayu92 join in and fight back and not let these dev get away with this blatant unfair whatever screwed up "system" from their accounting dept, the better.
Clause 9 (2) in ALL our SNP explains on Interest on Late Payments. Please go and read and uphold our RIGHTS!
Unless, we like our b**ls squeezed like this.
I've since filed my complain to below org. And inform your Financier/ the Lawyer about this also. Ask them what the hell they doing.
1) NAZRUL IMRAN
Bahagian Penguatkuasaan
Jabatan Perumahan Negara
(T) 03.88914072
(F) 03.88914045
2) ADVICE CENTER
National House Buyers Association (HBA)
No. 31, Level 3, Jalan Barat, Off Jalan Imbi, 55100, Kuala Lumpur
Tel: 012-3345 676 | 03-21422225 | Fax: 03-22601803
Email: info@hba.org.my | Web Site:
http://www.hba.org.my Location Map:
http://www.hba.org.my/images/location.jpgAngry Brothers all,
I have not seen your SPAs, bu just sharing what I know about contracts and the law:
When we sign Booking Form (BF) and Letter of Offer To Purchase (LO), it is not a full or proper contract. Whatever penalties Nadayu can impose on us are stated therein. Clause 3(d) of the LO is the only financial penalty we can incur, i.e. potential forfeiture of booking fee if we do not execute SPA within 14 days. Nadayu has the right to do that if we don't comply. No question. However, if the SPA is signed by buyer and Nadayu after more than 14 days for whatever reason, clearly Nadayu has waived that right of forfeiture.
The LO however does not spell out when future progress billings are to be paid. Where does it say billings must be paid within 60 days of booking date??
In the SPA, there is a clause stating that the SPA shall override all previous letters/agreements/etc pertaining to the subject property. Hence, we can forget about the BF and LO already upon signing SPA.
As far as I know, standard SPA under HDA do not contain the 60 day rule. Is this project under HDA? Whether it is or it is not, please check your SPA now before banging Nadayu's b*lls, or get a lwayer friend to check with you, whether they have inserted a non-standard clause to cover the 60 day rule (I have never seen this before). If not, Nadayu cannot use the excuse of their internal procedure to act illegally.
Secondly, it does not matter if you sign the SPA > 2 months after booking, cos Nadayu has expressly agreed to the late signing. If you sign the SPA more than 2 months after booking, you would obviously not have received any notice within 60 days of booking date of any progress payments due . How then can Nadayu impose late payment interest on billings which you were not ever notified in wiriting on? Would just be a dirty trick...
Thirdly, even if they have issued any progress billing within 60 days of booking date PRIOR to your signing the SPA, how can you pay anything without a valid contract spelling out explicitly the payment schedule i.e. the SPA? I question the legality of their issuing such a billing if they did so.