SSF have built the house below the standard of safety. The leaking have fixed many times, but not permanently. They always come back to fix the same spot of leaking every 3-4 months. The ceiling collapse today, I cannot trust SSF contractor anymore. Thanks gods, when the ceiling collapse nobody is hurt. How could I sue SSF of their shoddy work without consider the safety of the buyer? Can you recommend any lawyer to me or advise the correct procedure.

File a complaint.

http://www.kpkt.gov.my/kpkt_2013/

Quoted from https://www.facebook.com/propertyinsight.co...pe=1&permPage=1.

"The filing fee is only RM10; no lawyers are required and hearings are normally fixed within a month. The Housing Tribunal is empowered to hear disputes between house buyers and licensed housing developers even though the SPA is yet to be signed but the claims must be filed within the time frames provided under section 16N of the Housing Development (Control & Licensing) Act 1966 (the HDA). Check out the link: www.kpkt.gov.my"

This post has been edited by almeizer: Apr 13 2014, 12:33 AM

what do you want from the lawsuit?

The vacant possession already more than 24 months, can I still file the complain ? And I am the 2nd buyer.

I want to sue the developer irresponsible , and didn't fix the defect effectively. And the ceiling had collapsed this afternoon, nearly hurt my maid. I need to hire the private contractor yo fix the defects, and need them to pay the cost .

defect only cover 2 years. you are sub sale..
nothing much you can ask. except you buy insurance for better protection.

Unfortunately, they repeating fixing the same spot of defects. After 2 years, the defects still existing . The developer is so cunning, just do the touch up and cheat the buyer.

No harm trying, call them and ask.

thats why you need to stand hard during warranty period. if it is over. That is over.

Yes , this is very important to buy from a reputable developer . I will said this kind of developer won't sustain long in this industry

I think can sue the developer under the tort of negligence. In negligence, your lawyer need to prove a reasonable duty of care of the developer, the duty of care is breached ,causation and damage suffered.

those parts i think the lawyers knows how to tie the knots.

theres no procedure is seeing a lawyer. The lawyer will do all the court procedure in filing the case at court.

Have fun mate, usually you will get compensation, but long long long long long time, developer have the cash to drag you, pay their lawyer is better than pay you.

http://www.kpkt.gov.my/kpkt_bi_2013/index.php/pages/view/370

its much faster if you make a big hoo har during their next property launching. they will settle in office with you.

Good link



To TS,

The first Q&A is

What is the jurisdiction of Tribunal for Homebuyer’s Claim (TTPR)?

The jurisdiction of TTPR is limited to a claim that is based on a cause of action arising from a sale and purchase agreement entered into between a homebuyer and a licensed housing developer. TTPR only has jurisdiction to hear cases in Peninsular Malaysia.

So, you as the 2nd hand buyer has no contract with the developer, hence your recourse to the developer is none. In fact, the developer is already considered good and responsible as they still entertain you although they have no legal contract with you.

if you intend to sue, think of the costs and are you willing to hang in for the long haul?
most of these developers are unethical anyway..
not that we should just sit and do nothing - we can just boycott their future launches.

You have a case provided that you have all the records, eg all the complaints you file are provided with paper work.

You have to provide evidence of whatever you say. Not just your words against their words.

There are cheaper legal path.

Hhhmmmm.
not good.
1st, you are subsale purchaser. Your grouse is with your seller actually. But since dlp by developer covers product and not individual specific you still have glimmer of hope.
2nd. Dlp alrrady over. Unless u hv a lot of supporting documents recording repair works undertaken during these 2 years, how r u going to prove that they did a lousy job everytime?
3rdly, technical problems, developer might just deflect it to a consultant punya problem. Means passing the buck.

Chances are slim.
Best is get a quote to do the defects once and for all yourself. Negotiate with developer.

SSF is??

the one selling curtains