Outline ·
[ Standard ] ·
Linear+
Lawyer's Corner v2, One-stop centre for any legal queries
|
Lilling
|
 Oct 20 2012, 08:10 PM
|
New Member
|
Hi Dario,
I had paid a deposit of RM2k and te developer issued me a receipt written Pt 1st 10% on PTD112xxx.
While mot of the bank rejected my loan and only 1 bank approved on 90% of selling price, I had decided not to purchase the property after looking at my high commitment.
And now after 3 mths of my 2k deposit, the developer sent me a letter asking me for the progress billing of RM40k. The thing is I had not signed on any LO and SPA yet!
Can the developer asking the progress payment fr me even though I had not signed on any SPA and LO yet?!
Can I write it to complain as I feel it is an offense as per the letter they sent to me stated after u had signed the SPA on July 2012?
Is that possible to get my deposit of 2k refund by quoting HDA ACT?
|
|
|
|
|
|
Lilling
|
Oct 23 2012, 09:36 AM
|
New Member
|
QUOTE(dariofoo @ Oct 22 2012, 12:49 PM) After you decided not to proceed, did you inform the developer? Or you just kept quiet? If you did not sign an SPA, they can't demand the progressive payment from you. It sounds very odd for them to do so. Yes you can complain but you can first write to the developer and state what the current facts are. Ask them to furnish proof of the signed SPA (if any). Yes you can claim your deposit back but some admin fees would be deducted from it. i found this on hba.org.my Q: Cancellation of booking and seeking refund of fees paid. A: The Housing Regulations for buying off-plan from housing developers do not allow for 'booking' fees, so potential buyers should be aware of this and only get your 10% down payment ready when you are sure of purchasing. There is no cooling-off period unless it is in writing. A booking fee is an offer to purchase. Many buyers do not realise that a signed offer to purchase is legally binding once the seller has accepted the offer. does it mean i had to pay the rest of the fees/purchase price/progressive payment even though i had not signed on SPA & LO yet?????????????? |
|
|
|
|
|
Lilling
|
Oct 24 2012, 09:40 AM
|
New Member
|
QUOTE(dariofoo @ Oct 23 2012, 10:51 AM) No, it does not state that. The HDA does not allow for collection of booking fees. That's what the QnA states. You did not even answer my earlier questions for me to understand the context better. If you merely want to rant I would suggest that you do so in your own thread. I am seriously sorry and sincerely apologize that i forgot to reply your question. i did informed the sales verbally on not to proceed on the purchase and request for refund and i just send out a letter for the cancellation and refund yesterday. thank u for your help and your prompt reply seriously help lotsa poor ppl like me as we can save on legal fees.. thanks and salute to your Dario  |
|
|
|
|
|
Lilling
|
Oct 30 2012, 11:38 AM
|
New Member
|
QUOTE(dariofoo @ Oct 24 2012, 11:10 AM) I was waiting for an answer if you had issued a letter or otherwise. If you had stated you haven't, then I'll advise that in your letter you should ask them to furnish evidence of a executed SPA to justify them asking for you to make progressive payment. Something along those lines. But it's ok. Just wait and see what they say. For all you know it could be an admin mistake on their side. Failed to follow up with you with the SPA and assumed that you had executed it and hence the demand for progressive payment. Thanks Dario,i had sent them a letter on 25 Oct now pending for their reply. thanks for your help. thanks alot... |
|
|
|
|
Quote
0.0458sec
0.87
7 queries
GZIP Disabled