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Setiawalk Puchong V2, Retail Office, SOHO, S.Apartments
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theballer
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Jun 19 2013, 11:13 AM
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QUOTE(wilsonhow @ Jun 18 2013, 01:51 AM) Setia Walk new owners after VP, is there any leaking, porcelain spoilt, concrete and wall lines and etc physical imperfect? As sharing from a friend, if you are going to buy subsales units at SetiaWalk from owners. Please bear in mind that the defect liability will not going to transfer from vendor to new purchaser even the grace period is still protected. Unless you are very confident to SP Setia workmanship. Wrong info...the defects liability period is valid even when transferred to new subsales buyer..the developer will need to give consent to transfer all the rights from 1st owner to 2nd owner during the purchase...
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theballer
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Jun 19 2013, 02:31 PM
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QUOTE(matthewctj @ Jun 19 2013, 01:29 PM) Typically, DLP is between the developer and the first owner. If the first owner sells it, the SPA between the 1st & 2nd owner will not contain any clause to state that the DLP will be covered. Does this developer practice giving consent? Have not come across any that will do so. Most of the time, if the entertain your complain, it is normally on a goodwill basis but not legally binding. I can tell u that during a subsale (within the DLP period), whatever rights in the SPA including the DLP (between 1st buyer and developer) is transferred legally to the subsale buyer..some go thru deed of assignment etc..and for property without title yet, the developer need to consent to the transfer of rights to subsale and this is where the transfer happens..and once the consent is received the 90 days SPA completion date kicks in..
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theballer
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Jun 20 2013, 10:23 AM
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QUOTE(wilsonhow @ Jun 19 2013, 07:08 PM) If the developer not agree to transfer the defect liability period to new purchase. There is no protect by housing act. I'm sharing from the experience of both being the buyer of subsale and the seller of subsale... It's by law when the developer gives consent for transfer meaning the developer is acknowledging the new buyer as the rightful owner and whatever rights that was signed between dev & 1st buyer is transferred to new owner..the developer needs to acknowledge the R&R assignment,DOA,MOT and thus it reassign all the titles, rights and interests in the subsale property and under the principal SPA to the new owner... Legally, the DLP still applies but morally if the developer is playing tricks then it's another case..
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