Dear Legal Experts and Proerty Experts,

I have a major dilemma here that I hope you can help me. I bought a high end condominium in Feb 2011, and moved in Dec 2011. A week after that, my bathroom was flooded with sewage water that flown out from the shower drain in my bathroom. I am staying on the first floor. Because it was weekends, the developer didn't send in their plumbers to rectify it immediately. I had to than a few days of this shit and urine in my bathroom for 2days before they came in and cleared the waste. And upon investigation, they blamed it on the contractors above my units who might have thrown rubbish into the drain and caused the blockage. During that time when the plumber was checking the piping in my house, he kept mumbling that the developer used cheap labour and cheap materials that's why so any problems. I couldn't sleep well the few nights, i stayed in the unit regardless, cos i feared that the Waste would flow out of the bathroom and damag my bedroom.

I thought after they cleared the rubbish that had clogged the drain, everything will be fine. But after a few days, it happened again! Same shit problem! I wrote to the director of the developer, she replied it is normal fr the first floor unit to kena this problem. After they cleared the debris and changed the pipes, they said they won't promise it won't happen again.

I got phobia after that incidents. I did not dare to use the bathroom, cos I feel that it's so unhygienic and unhealthy to use a bathroom that was flooded with human waste. I did not even dare to sleep in the master bedroom because every time I hear water noise, I will freak out and worried that same shit problem happen again. So, I moved to a second bedroom and leave the master bedroom unused. Imagine how sad I was paying 790k, but I didn't use the master bedroom or the bathtub that I have been longing to use.

A few nights ago, which means 9months after, same shit happened again. But this time is worst. I came home and even before I reached my door, I smelled urine and shit, and I could see sewage water flowing out non stop from my house!

It flooded my house! It contaminated my whole house including the bed, wardrobe, electrical items, kitchen, timber floorings, and etc.

I called the person in charge on his cell, he said its 10:30pm, he can't do much, the plumber won't come, he asked me to wait until next day, but he couldn't promise what time of the day.

Damn it, my neighbors came and helped me, we alerted the security guards, and they informed the management. The maintenance team from the management team came and took a few hours, before they managed to help me to unclog the pipe below. Me and my neighbors had to sweep out the human waste out if my unit.

I called the bloody developer rep the next morning, she said nobody informed her of anything. I sent an email to them and the director two hours before I called. She said we can't check the mail because the secretary only has the access to the email, and that the director is not in the office.

After I scolded them, she finally sent the plumber in and took a look, but he didn't give me an definite answer or solution. The developer didn't reply me either since then. Not even regarding the denying fees that I had to fork out.

I am devastated. None of my friends can help me in the legal advice. The lawyer friends said they are not expert in this.

Please help me guys.

Not to mention, it's has been 3weeks that they ignored my complain about the water leaking in my second bedroom wall, even after I threatened to bring this issue to public. I wrote almost 10emails but none was replied.
Please help me.

I have an existing tenancy that says that the tenure of rental is 1+1 years -  now that the tenancy is going to expire in 2 months, the agent is calling to say that
the tenant would like to continue renting into the 2nd year..

However, the agent is demanding that I pay him another 1/2 mth rental for the 2nd year  but I did not indicate verbally nor in writing my agreement to this fee at any time.  I understand that usually the one month agency fee is for a tenancy agreement of 1 to 2 years which has been paid prior to the commencement of the tenancy.

Please advise what are my rights in this situation.

thanks

It's really not that complicated.  All you need to to do at this stage is to appoint a lawyer who would send in a letter of demand to the developer, demanding that the defects be rectified with 48 hrs failing which you would institute legal proceedings against the developer. Now, if you believe that the unit is no longer fit for occupation, you can even seek a declaration to annul the SPA between you and the developer on the ground of a material breach that goes to the root of the contract, i.e. that the developer failed to deliver a unit to you that is fit for human occupation. Of course, if your property is encumbered, you would need the consent of your financier. Basically, you sue for refund of all monies paid, reimbursement of legal fees, bank interest, maintenance, etc.

If you have enough evidence by way of photographs, correspondence with the developer and if you can come up with a proper chronology of events, I believe that you would have a very good case. Only a mad judge would not sympathise with your predicament. I have not come across any case of this sort before, but I believe that yours can be the first. Even if the developer fixes your problem, the trauma and suffering which you have gone through would be hard to forget, more so since you're staying in that very unit.

Go seek advice from a lawyer and start building your case. Even if you do not want to seek a declaration you can still seek damages - even aggravated damages, due to the conduct of the developer.

Good luck.

I believe the agent is trying to pull a fast one over you. If there is nothing in writing, then there's no obligation to pay. Deal directly with the tenant. Easier.

Dear Dariofoo,

1) Why does the UK judges wearing the white faked hair on his head during the trial? What does it mean? Any website I can go for me to search and read.

2) If my friend want to borrow from me RM100k, can I appoint a lawyer to draft me an agreement as evidence I lend him RM100k? What is the name of the agreement? In the agreement can I write a clause stating that failing to pay the installment I will take away his property and sell it.

Dear Dariofoo,

1) Why does the UK judges wearing the white faked hair on his head during the trial? What does it mean? Any website I can go for me to search and read.

2) If my friend want to borrow from me RM100k, can I appoint a lawyer to draft me an agreement as evidence I lend him RM100k? What is the name of the agreement? In the agreement can I write a clause stating that failing to pay the installment I will take away his property and sell it.

Dear Dario, i recently sold my house. and after signning the S&P, i decided to withdraw it.  At that point of time, the S&P was not stamped yet, and i called my lawyer and ask whether i can abort the transaction since it is not stamped yet. But according to my lawyer, he said that the S&P is valid although it is not stamp, and the purchaser wil have the right to ask for penalty from me.  Is that correct?

thanks

My banker not allow me to use the same SPA lawyer for loan agreement.  As I tot I appoint same lawyer for both SPA and loan agreement will be faster transaction. My point is will it be any potential delay in docs if I using two lawyer for SPA and loan?

The agent that sold me this unit from the developer asked me just forget and let go and sell it off to somebody else. I have been selling, and recently received an offer to purchase. I feel so bad that the problems are not resolved yet. It is unfair for the new buyer too.

My banker not allow me to use the same SPA lawyer for loan agreement.  As I tot I appoint same lawyer for both SPA and loan agreement will be faster transaction. My point is will it be any potential delay in docs if I using two lawyer for SPA and loan?

Dear Dario, i recently sold my house. and after signning the S&P, i decided to withdraw it.  At that point of time, the S&P was not stamped yet, and i called my lawyer and ask whether i can abort the transaction since it is not stamped yet. But according to my lawyer, he said that the S&P is valid although it is not stamp, and the purchaser wil have the right to ask for penalty from me.   Is that correct?

thanks

Yes. That is correct. The purchaser has the right to compel you to proceed with the transaction.

Recently the trend is like that.........I don't know why..........my banker also the same and same goes to my sister with different banker. Don't know what logical reason behind it.