Actually are you switching unit within same project from this developer? Or u now totally don't want to buy any more???

Your word "abortive fee" really making me blur. If just switching unit under consent of developer, then not a big concern. They should be able to get their lawyer to reverse the fees since they already promise you.

If you mean you actually want to totally cancel the deal now, don't want to buy it, then pls make sure you have enough money to settle all the bills and invoices coming to you.

Yeah, Im switching to a bigger unit within the same development.

Thats why Before i proceed, I double confirm with them, not just their sales exec, and also their credit department.

The lawyer is their associate, the developer should talk to them. I have no directly connection with the solicitor, all through developer.

But now the invoice is directly to me not the developer.

Please advise.

Not sure your developer is picking up it's responsibility. Suggest you have a 3 way conversation with the developer and the lawyer.

Messy.

Yeah, Its a mess.

I have talked to lawyer, but their attitude is someone must pay this bill, either developer or myself.

And from the developer side is dragging as well.

I try to attach the bill but no sensitive info. Can you guys help on which line items that actually can get refunded? Heard from another lawyer that the stamp duty on loan document can be refunded by lhdn.

Please help/

You cannot disregard the fact that the work was done and all documents were executed properly. So whatever happens between you and your developer... is between you 2. You still have to pay their fees etc. This is not a issue that no work was done. Even their disbursements etc. At most, talk to them and request for a discount. Hopefully you have the things said and done between you and the developer.

For the LHDN refund, it can be done. But prepared for a very long wait.

This post has been edited by digitalz: Mar 22 2021, 04:47 PM

Your best bet is to strike a deal with developer so they can help you pay the bill partially. Since in the end you are still buying a property from them, just pray that they will be kind enough to help you out.

If not, it's almost certain you have to pay the whole 10k.

Technically TS you should pay since you cancel the deal. Like what others say talk to the developer ask them to help to talk to the lawyer to reduce the fee.

Our side usually this kind of case the lawyer will charge us RM1k to RM2k only but again different lawyer will charge differently.

This post has been edited by Azsaz1lnxx: Mar 22 2021, 05:32 PM

Ok, now I can get the picture. I do believe you proceed to change the unit as per what developer told you with zero cost. As i can see the "Deed of Revocation" in your bill, meant the developer also aware and agreed and sign on it to revoke all the the earlier stamped agreements.

Do you still keep any record on the promise from developer office? This is the most important thing right now.

And also what is the status of documentation for new units? All signed? This is quite important also, can be supporting evidence to prove that you really proceed to terminate all earlier documents in order to change to bigger unit with developer's promise on zero cost , maybe can also provide us the timeline on when did you sign earlier documents, when were they stamped by lawyer, and when did you and developer sign the deed of revocation as well, and when do you sign documents for new bigger unit.

Hope this is just hip up between the lawyer and developer. Yes the lawyer has done their part, but the promise from developer is what trigger the revocation of earlier documents.

U can't talk to your current agent anymore, must bring the invoice and go up to their office to look for person in charge.

If developer really choose to push it to you, and you still keep the communication record, then give them final warning to settle the bill for you, or else you will file official complaint to Housing Development department, and eventually through tribunal court to claim for your losses.

The developer must either pay the bill for you or get their lawyer to reverse the invoice. The refund of stamp duty is their problem. PROVIDED YOU KEEP THEIR PROMISE IN BLACK AND WHITE.

Yeah, that is the last thing I can do.

Yes I do keep the whatapps messages and email between the sales agent and their credit department.

worst of all, when I proceed with the booking of the new unit, the previous spa has not been stamped by lhdn yet. So there is a huge miscommunication between the developer side. I got to know when I saw the date on the stamp and compare with my sales form.

Yes now Im talking to their credit management, I call them almost everyday, and all they said is wait.

Not good for both party if we go to court, and they might not necessary lose as they have their lawyer panel, while Im just alone.

Worst of all, is this case got exposed. it will affect their reputation as a developer. thats the last thing I can rely on for them to pay this bill for what they have promised. If I would there will be 10k extra, I will never proceed to change unit.

OMG, this is really ridiculous.

You are very kind to them, if same thing happened to me and they didn't solve it within a month in promising way, I will sure go up to their office or gallery and make sure each of them regret to be brought to this world by their parent.

I hope the developer office is now really trying hard to fix the issue. Maybe they just need time to get internal approval to settle the bill for you. So you must ask them what is their action plan now and force them update the status constantly until the invoice is settled or recersed.

Anyway, what you do is correct, try not to expose anything that might give them chance to say you are damaging their reputation, as they might use it as an excuse to file claim against you.

I think is good you can start print out all records and come out with clear chronological of events, in case really need to go to tribunal court.

If you have friend work in legal profession, can ask them for suggestion but keep it P&C. Otherwise you can call to national house buyers association and let them to advise on your situation, although your case is complicated.

https://www.hba.org.my/main.htm

Many years ago my developer forced me to waive the LAD for 50% if I wish to get the key soon, I was young that time and don't know what to do, until my colleague asked me call to HBA helpline for advice, the volunteers who picked up my call was a retired Lawyer, and he only asked me for the developer name after listen to my story. Few days later the developer office called me and said their staff made mistake in first call, and ask me to go collect the cheque when I have time, so in the end I received full LAD. But my issue was very simple and direct, by law developer must pay full LAD if they still want to continue their business.

No harm to seek advice from HBA.

Good luck

By far the most positive advice I get here.

Yeah, I dont want to make things too nasty. Just hope that they could sort out internally so that I dont have to pay the 10k. Its not a small amount for me.

Thank you for your advice. I will consult with hba side as well.

So far, they feedback to me that I have to sign the DRR from the lawyer, Deed of Revocation. But didnt mention any about the cost yet.

finger cross

Hi there, I read your costs and because I do not know the whole story I cannot tell you what happened.

But typically when you swopped the unit, it is not a simple law transaction to swop. What actually happens is for the swopped unit, you are actually signing a new SPA.

Now unless your developer has a gold of heart or they have done wrong, typically they will charge you for all the costs associated with the initial SPA. Developers by right only give you 1 free SPA, not 2.

I saw your costing, actually if the above is correct I think your developer let you off good. Please confirm with the lawyer if the 10k costs is for only the cancellation of the SPA. If so then I think some mistakes there. But if it is for the costs of the initial SPA plus the cancellation costs, then it is around that number depending on how far the transaction went.

Typically for a swopped unit, ie developer promises free SPA legal fee etc.... they only pay for 1 time. So you have to bear the costs of the first SPA totally, only then your second SPA is free. Sometimes the developer will also ask you to pay the other costs like commission for the first sold unit. Why? Because they already gave that commission to the person who made the sales. Unless the current unit is not booked to any sales agent and no one is helping you to deal with it.

Anyway I hope the above information helps you to clarify with your lawyer and developer. Sometimes they just act ignorant... someone needs to pay the costs and if it is not the developer fault legally (in name of law), there's nothing you can do.

Also going to court is a long and costly affair. If you can't afford 10k you can't go to court, I don't think tribunal court will handle the amount of your SPA. There's a limit to it and I cannot remember how much. BTW most lawyers do not want to go against banks or developers.

Good luck to you.

How about your loan agreement? You still have to forfeit it, right?

Hi, need advise.

Current situation -

1. Signed the banks Letter of Offer for a loan
2. Loan agreement not sign
3. S&P doc not yet prepared nor sign

I am now thinking of not proceeding with the purchase.

What kind of penalty am i looking at if i do so?

stop payment. terminate.