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.