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> Actual built unit different from the plan, Actual built unit different from the pla

ng168
post Apr 9 2012, 09:15 PM


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Dear all, need comment & advise.......

If the property built out is different from the plan that signed in S&P can we sue the developer?

eg:
1) in the drawing plan the house suppose to have 5-6 windows in each floor but actual builted only 2 -3 each floor.
2) there is a pilar i the room but not as per drawing plan
3) the material use is not that we expected and shwon in the show unit

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dragon_lee
post Apr 9 2012, 09:37 PM


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It's something new to me..

So far I got no problem with the drawing and I would say very precisely draw out.

You might want to check with your lawyer on this.
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ManutdGiggs
post Apr 9 2012, 09:43 PM


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QUOTE(ng168 @ Apr 9 2012, 09:15 PM)
Dear all, need comment & advise.......

If the property built out is different from the plan that signed in S&P can we sue the developer?

eg:
1) in the drawing plan the house suppose to have 5-6 windows in each floor but actual builted only 2 -3 each floor.
2) there is a pilar i the room but not as per drawing plan
3) the material use is not that we expected and shwon in the show unit

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Usually its very unusual to hav tis kinda diff. I think u might go to tribunal to find out wat can b done.
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chulk
post Apr 9 2012, 09:43 PM


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you can complain and sue the developer, ask for rebate or penalty.
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davkong
post Apr 9 2012, 10:25 PM


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QUOTE(ng168 @ Apr 9 2012, 09:15 PM)
Dear all, need comment & advise.......

If the property built out is different from the plan that signed in S&P can we sue the developer?

eg:
1) in the drawing plan the house suppose to have 5-6 windows in each floor but actual builted only 2 -3 each floor.
2) there is a pilar i the room but not as per drawing plan
3) the material use is not that we expected and shwon in the show unit

icon_question.gif
*
From what I understood, you only have a case if what you got is different from what is stated in black & white in the SPA. So:

1. Windows - most prob cannot since nos. of windows are usually not specified in SPA
2. Pillar - is it in the middle of the room or along the wall?
3. Material different from showroom - Again, it is what's written in the SPA that counts and not showroom.

Btw, check ur SPA, standard HBA SPA has a clause saying that if the final build-up is smaller by 2% or more from the stated buil-up in SPA, you can claim for the difference.


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michaellee
post Apr 9 2012, 11:34 PM


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QUOTE(ng168 @ Apr 9 2012, 09:15 PM)
Dear all, need comment & advise.......

If the property built out is different from the plan that signed in S&P can we sue the developer?

eg:
1) in the drawing plan the house suppose to have 5-6 windows in each floor but actual builted only 2 -3 each floor.
2) there is a pilar i the room but not as per drawing plan
3) the material use is not that we expected and shwon in the show unit

icon_question.gif
*
All SPA with developer will come with a clause that if the governing bodies requires changes for a plan to be approved, then the developer has a right to change it without prior notification.

material used may not always be the same as show unit, that's why it is your duty to ask the developer what is actually inclusive from the show unit.
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mecn04
post Apr 10 2012, 12:01 AM


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which developer & what project?
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kochin
post Apr 10 2012, 08:49 AM


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QUOTE(ng168 @ Apr 9 2012, 09:15 PM)
Dear all, need comment & advise.......

If the property built out is different from the plan that signed in S&P can we sue the developer?

eg:
1) in the drawing plan the house suppose to have 5-6 windows in each floor but actual builted only 2 -3 each floor.
2) there is a pilar i the room but not as per drawing plan
3) the material use is not that we expected and shwon in the show unit

icon_question.gif
*
firstly, i'm assuming you bought directly from developer and not through subsales.

question 1, as advised by michaellee, conditions do apply if it's from authorities. if reasons given was indeed as such, you can demand for the proof.
Q2, same as above.
Q3, this one if not stated in SPA, you don't have any grounds to pursue at all.

as for the built-up, refer to your SPA. but one thing i am not sure is the mechanism of payment. eg, if let's say you bought the unit at rm300psf. if the built up is less by say 50sf, do they pay only rm50x300=rm15,000 or do they pay more.
imagine you buy a 600sf unit and it's smaller by 100sf, that makes a LOT of difference!

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twins9
post Apr 10 2012, 09:15 AM


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My spa did not even specify the built up size. The rooms do not have measurements at all and there are no drawings of pillars/actual windows, etc, I think. Just a simple plan. How to tell from the spa? if you have architectural drawing, then it is easier.

You can buy those.

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matthewctj
post Apr 10 2012, 09:25 AM


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What kochin said is correct. However, remember that if you take up the issue, ensure that your unit is actually smaller. If it turns out to be bigger, they also reserve the right to claim from you the additional built up.

As in the case of TS ..

1. How do you define no of windows? If it shows on your layout plan in the SPA, they should provide for it.
2. The pillar you refer to is an RC Column? If it isn't shown, you can sue for compensation. But where is this RC Column? In the middle of nowhere or part of a wall? In any case, you cannot remove an RC Column.
3. As for material used, refer to the 4th Schedule of your SPA which states the specifications of the property. For example, if it states ceramic tiles, they have to give you ceramic tiles. Unfortunately, the color may or may not be as per showroom and that is nothing you can complain about. But if it states 600x600mm tiles and they give you 300x300, then you can take action against them. Never use showroom as a basis for comparison for materials. If you purchase, take some time to read the 4th Schedule and understand it.


Added on April 10, 2012, 9:29 am
QUOTE(twins9 @ Apr 10 2012, 09:15 AM)
My spa did not even specify the built up size.  The rooms do not have measurements at all and there are no drawings of pillars/actual windows, etc, I think.  Just a simple plan.  How to tell from the spa?  if you have architectural drawing, then it is easier.

You can buy those.
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When you bought, was there a brochure? In the brochure, doesn't it show the floor plans with built up size indicated? I mean, that's assuming you bought a standard size unit lah. The brochure is a representation of the property which the developer is required to obtain an advertising permit to produce the brochure.

This post has been edited by matthewctj: Apr 10 2012, 09:29 AM
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tiongkeat
post Apr 10 2012, 09:34 AM


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wha.. really scary
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Sikit2JadiBukit
post Apr 10 2012, 09:45 AM


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showroom unit is renovated, hard to go court on this ground otherwise all prop buyer also can go court.
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matthewctj
post Apr 10 2012, 12:24 PM


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QUOTE(Sikit2JadiBukit @ Apr 10 2012, 09:45 AM)
showroom unit is renovated, hard to go court on this ground otherwise all prop buyer also can go court.
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Showroom is merely an indication of how it looks like. More importantly, buyers should understand the 4th Schedule compared against the showroom. There are some showrooms that have a basic empty unit next to it. That is what we term, 'What you see if what you get'. For those that doesn't have such a unit, always refer to 4th Schedule.

If showroom shows you white color 2x2 feet tiles, but during vacant possession it turns out to be brownish, you cannot take action against them unless their 4th Schedule mentions WHITE or CODE Porcelain Tiles for example.
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