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 How to sue a developer ?, I want to sue SSF developer

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TSMaylam
post Apr 12 2014, 10:38 PM, updated 12y ago

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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.
almeizer
post Apr 13 2014, 12:00 AM

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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
JamesPond
post Apr 13 2014, 12:07 AM

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what do you want from the lawsuit?
TSMaylam
post Apr 13 2014, 12:08 AM

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QUOTE(almeizer @ Apr 13 2014, 12:00 AM)
File a complaint.

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

Quoted from some where.

"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"
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The vacant possession already more than 24 months, can I still file the complain ? And I am the 2nd buyer.
TSMaylam
post Apr 13 2014, 12:12 AM

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QUOTE(JamesPond @ Apr 13 2014, 12:07 AM)
what do you want from the lawsuit?
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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 .
JamesPond
post Apr 13 2014, 12:14 AM

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defect only cover 2 years. you are sub sale..
nothing much you can ask. except you buy insurance for better protection.
TSMaylam
post Apr 13 2014, 12:29 AM

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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.
almeizer
post Apr 13 2014, 12:34 AM

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QUOTE(Maylam @ Apr 13 2014, 12:08 AM)
The vacant possession already more than 24 months, can I still file the complain ? And I am the 2nd buyer.
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No harm trying, call them and ask.
JamesPond
post Apr 13 2014, 12:47 AM

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QUOTE(Maylam @ Apr 13 2014, 12:29 AM)
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.
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thats why you need to stand hard during warranty period. if it is over. That is over.

TSMaylam
post Apr 13 2014, 12:52 AM

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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
erizzzzz
post Apr 13 2014, 02:42 AM

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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.


Kevin Chan
post Apr 13 2014, 06:26 AM

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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. icon_rolleyes.gif
Showtime747
post Apr 13 2014, 08:40 AM

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QUOTE(Kevin Chan @ Apr 13 2014, 06:26 AM)
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.  icon_rolleyes.gif
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Good link thumbup.gif



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.


archie88
post Apr 13 2014, 10:21 AM

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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.
graywilird
post Apr 13 2014, 10:51 AM

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QUOTE(archie88 @ Apr 13 2014, 10:21 AM)
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.
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thumbup.gif
puchongite
post Apr 13 2014, 11:58 AM

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QUOTE(Maylam @ Apr 13 2014, 12:29 AM)
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.
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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.
puchongite
post Apr 13 2014, 11:59 AM

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QUOTE(archie88 @ Apr 13 2014, 10:21 AM)
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.
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There are cheaper legal path.
kochin
post Apr 13 2014, 12:34 PM

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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.


seongmeng
post Apr 13 2014, 02:47 PM

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SSF is??
JamesPond
post Apr 13 2014, 04:06 PM

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the one selling curtains
archie88
post Apr 13 2014, 04:28 PM

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QUOTE(JamesPond @ Apr 13 2014, 04:06 PM)
the one selling curtains
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one lesson learned - never buy from developers whose core business is selling curtains.. doh.gif
Maneki-neko
post Apr 13 2014, 04:57 PM

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QUOTE(archie88 @ Apr 13 2014, 04:28 PM)
one lesson learned - never buy from developers whose core business is selling curtains.. doh.gif
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SSF? Owner is Eric Leong? The interior designer?? shocking.gif
TSMaylam
post Apr 13 2014, 09:07 PM

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QUOTE(archie88 @ Apr 13 2014, 10:21 AM)
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.
*
I agree with you, repair cost is cheaper than the legal fees. It just unfair to the buyer, this kind of developer really sucks. The only thing I can do is cursing SSF.
TSMaylam
post Apr 13 2014, 09:10 PM

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QUOTE(Maneki-neko @ Apr 13 2014, 04:57 PM)
SSF? Owner is Eric Leong? The interior designer??  shocking.gif
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Sell curtains? Are you sure there are same SSF, developer & curtain LOL!
I don't know. I know the badminton player lee Chong wai have business with them
TSMaylam
post Apr 13 2014, 09:13 PM

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QUOTE(kochin @ Apr 13 2014, 12:34 PM)
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.
*
The developer knows the buyers weakness, that's why they play dirty job, simply act to attend the defects. Just playing their own sweet time to pass the 24 months guarantee period. After 24 months, they will celebrate.
Glcotan
post Apr 13 2014, 11:51 PM


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Which project is this?
JamesPond
post Apr 14 2014, 12:30 AM

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blacklist LCW
TSMaylam
post Apr 17 2014, 03:27 PM

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My private contractor inspect the leaking today, and found the developer only use the glue to patch all the leaking pipe, for long term must change the new pipe. No wonder the leaking keep coming back every 3-4 months.

I send the email to SSF, expected they will reply and tell me that it is over the warranty period. How could we trust the developer now? When you get your key, file all the defects , later they told you all fixed.

The buyer not in this renovation industry, this is very hard for us to identify the developer didn't fix properly. I curse all the dishonest and cunning developer.
JamesPond
post Apr 17 2014, 04:31 PM

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all contractors will have their own story. that is why reputable developer always have positive selling point there.

But if you look at price you got. You dont really need to complain much.
sinbad2k
post Apr 17 2014, 05:18 PM

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QUOTE(Maylam @ Apr 13 2014, 09:10 PM)
Sell curtains? Are you sure there are same SSF,  developer & curtain LOL!
I don't know. I know the badminton player  lee Chong wai have business with them
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can you share with everyone what project is this?is this the semi-D project near the ampang putra residency?
wangsa
post Apr 18 2014, 12:02 PM

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QUOTE(sinbad2k @ Apr 17 2014, 05:18 PM)
can you share with everyone what project is this?is this the semi-D project near the ampang putra residency?
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SSF developer & SSF curtain is different company..
puchongite
post Apr 18 2014, 01:20 PM

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QUOTE(wangsa @ Apr 18 2014, 12:02 PM)
SSF developer & SSF curtain is different company..
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Maybe same directors or share owners ? cool2.gif
Maneki-neko
post Apr 21 2014, 10:22 PM

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QUOTE(JamesPond @ Apr 17 2014, 04:31 PM)
all contractors will have their own story. that is why reputable developer always have positive selling point there.

But if you look at price you got. You dont really need to complain much.
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Agree! I always prefer to bong chan those well-known developers, except mah sing cool2.gif

 

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