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 Lawyer's Corner v2, One-stop centre for any legal queries

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DrTay
post Sep 9 2012, 12:48 AM

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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.
DrTay
post Sep 12 2012, 03:55 AM

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QUOTE(dariofoo @ Sep 11 2012, 10:15 PM)
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.
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Dear Dario Foo,

It's such a relief that I finally get a reply from you. The lawyers that I know, are not experts in such cases.
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.

I have all the evidence. And I still keep the photos and emails and videos.

Thank you so much for your advice.



Last night, I just found a small pool of water at the shower drain in the 2nd bathroom, the symptom is very similar to what happened to the master bathroom in the beginning before the outflow of the sewage. I thought maybe it's just another water leaking(yes, another, cos I find new water leaking locations almost every few months, and I only stayed here for 9months). I didn't use this bathroom for the whole day to confirm the problem. To my horror, after 24hours of not using, there is still water there, it's actually more than last night. I can't sleep tonight. I moved from master bedroom to this 2nd bedroom since last dec when I was traumatized by the flood in master bathroom. Now I'm in my 2nd bed room and thinking where else I can sleep? I'm afraid I will wake up to the sewage flood when I set my foot down from the bed upon waking up. Ah! I really want justice. Everyone is asking me to forget and sell. Even the other homeowners here. This is not fair.

This post has been edited by DrTay: Sep 12 2012, 11:09 AM
DrTay
post Sep 14 2012, 05:02 PM

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QUOTE(dariofoo @ Sep 14 2012, 04:58 PM)
DrTay has already posed her query in this thread and I've already advised her.

In fact, one forummer has quoted my advice in that thread itself.  sweat.gif  sweat.gif
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Yes, dear, thank you so much for alerting Dario Foo for me. He has advised me what to do. smile.gif tq to all the kind forumers here.smile.gif


Added on September 14, 2012, 5:03 pm
QUOTE(Stamp @ Sep 14 2012, 02:52 PM)
mr dariofoo,

need your insight on this case, owner vs developer. link below.

http://forum.lowyat.net/index.php?showtopi...&#entry54608175
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thank you so much for alerting Dario Foo. He has advised me what to do. You are really kind.smile.gif


This post has been edited by DrTay: Sep 14 2012, 05:03 PM

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