(1) No error or misstatement as to the description of the area of the said Parcel shall annul the sale of the said Parcel or entitle the Purchaser to be discharged from the purchase.
(2) Any error or misstatement as to the description of the area of the said Parcel shall give the Purchaser an entitlement to an adjustment of the purchase price in accordance with the provisions of this clause.
(3) If the area of the said Parcel as shown in the strata title when issued is less than the area shown in the Building Plan, there shall be an adjustment of the purchase price for the difference (if any) in excess of three (3) per centum of the area as shown in the Building Plan calculated at the rate of Ringgit Malaysia …………………………………… (RM………………..) only per square metre shall be adjusted accordingly.
(4) The Vendor shall not be entitled to any adjustment of the purchase price if the area of the said Parcel as shown in the strata title exceeds the area shown in the Building Plan.
(5) Any payment resulting from the adjustment and required to be paid by the Vendor shall be so paid within fourteen (14) days of the issue of the strata title.

[insert dd/yy/mm]
[insert name]
[insert address]

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Your reference: [insert your SPA reference]

Bandar Kinrara Properties Sdn Bhd
No.39A, Jalan 16/155C
Bandar Bukit Jalil
57000 Kuala Lumpur

Dear Sir/Madam,


RE: CLAIM FOR LIQUIDATED DAMAGES PURSUANT TO SALE AND PURCHASE AGREEMENT DATED [DD/MM/YYYY] (“SPA”)

We refer to the above matter.

2. As at the date of this letter, the terms set out in clause 25, 26 and 27 have not been complied with. A summary of the terms contained in the SPA are as follows:-

No Description Particulars
2.1 Date of Sale and Purchase Agreement: DD/MM/YYYY
2.2 Schedule date to handover of vacant possession (clause 25(1)/27(1)): DD/MM/YYYY
2.3 Date to Vacant Possession: DD/MM/YYYY
2.4 Number of days delayed: 123 days

3. In accordance with clause 25(2) and 27(2), we write to inform you that we are claiming from you liquidated damages amounting to RM 123,456.78 (RINGGIT MALAYSIA …). (“Amount Claimed”)

4. Please pay the Amount Claimed to us within 30 days from the date of this letter. You may pay us by issuing a banker’s draft / cheque in favour of [insert name] or telegraphic transfer to [insert banking details]. If we do not receive any response from you or the Amount Claimed, we will proceed to escalate this matter without any further reference to you.

5. Nothing contained in this letter shall prejudice or waive any rights and/ or obligations contained in the SPA.

Should you require any clarification of the above matter, please contact the undersigned at [insert contact number]

Yours sincerely,

[Your name and contact details]

Calculation of liquidated damages
a (Subject Property):
10% X RM Purchase Price X 123 days /365 = RM LAD for Property
b (Common Facilities, if any):

10% X [(20% x RM Purchase Price) ] X 123 days /365 = RM LAD for Common Area

A+B =C (total)
RM LAD for Property + RM LAD for Common Area = Total LAD