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Investment EKOCHERAS @ JALAN CHERAS (V4) [MRT PROPERTY] [OT], Where Cheras becomes Mont'Jiulai

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SSblack
post Sep 28 2019, 01:13 AM

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QUOTE(BEANCOUNTER @ Sep 27 2019, 01:43 PM)
why should I prove to you????

if you disagree you prove it here lah….

everything wants spoon fed meh?????

what is luxury finishing?? if luxury finishing, why you think the Tropicana uncle went to smash W residences??????

you guys don't know what is luxury yet claimed luxury this and that.....what is so special about tiles? tiles expensive ah? how many tiles sifu left in KL? are tiles the best method? how many of you here experienced tiles not evenly tiled even for new homes?????
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We are not here to argue tiles finishes is the best method or not, of course there are a lot of raw finishes example but eco cheras simply not in this class for raw finishes, because raw finishes required a high grade of concrete skill and special form work skill, which we don't see in eco cheras, this is just poorly done structural work with no architectural finishes
SSblack
post Sep 28 2019, 08:02 AM

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QUOTE(bigman @ Sep 28 2019, 07:26 AM)
Uncle bean vested so much in here... For sure what ever shit given by this Cina apek developer he will say the shit is tasty.. 😅
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that why when we question it he can't answer, just keep on repeating bare finishes is a design, but he doesn't know bare finish required a lot more effort, go and visit Ikea a very simple and near example then he will understand brutalist architectural finish. And to be honesty eco cheras is not bare finishes, its half baked
SSblack
post Oct 2 2019, 10:53 PM

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QUOTE(BEANCOUNTER @ Oct 2 2019, 11:14 AM)
I am for all equal right when comes to property.

if buyers have concrete proof that developer has been slacking in delivery, whether its intentional left out or alteration or just buyers been short charged, best bet is for owner to unite with other buyers and demand for developer to make alteration or compensation. Otherwise next step is either file complaint to tribunal (but max payout rm50k) or in civil court. History shown that owners do stand a chance to win over unscrupulous developer.

please do note that all the presale materials, whether its print, video or still pics materials DO NOT formed part of your SPA, the main contract buyer signed with developer. so chances of owners wining is literally next to nothing. But worried not, there have been cases where buyers managed to still win the case based on grossly misleading advertisement and promotion.
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Please do not mislead the others by your personal opinion, any form of brochure, advertisement are deemed to be fulfil by the developer, refer to the case study below;

Brochure is considered as one of the form of advertisement as defined in Section 2 of the HDR:

“Advertisement” means any notification or intimation of housing development —

(a) published in any newspaper, journal or magazine, or in the form of a brochure or in any other form; or

(b) displayed on any hoarding, boarding, roof, wall, piling, fence, frame, signboard, plate, cloth, bar, pillar, post, wire-casting or other erection, structure or contrivance; or

© conveyed by means of films or communications; or

(d) conveyed by other means oral or written and whether of the same kind or not as set out in paragraphs (a) to ©.

HDR does not only control the types of advertisements but also the contents of such advertisements. It is statutorily mandatory for particulars stated in Regulation 6 of the HDR to be inserted in any advertisement (other than those conveyed by means of broadcast sound receivers or through television receivers) made by any licensed housing developer.

Further, under Regulation 5 of the HDR, any advertisement and sale material that is used to make the sale must first be submitted in its final content and form -including all disclaimers- for approval by the Controller. Should there be any changes or deviations from the first proposed materials, these should be approved by the Controller as well, or they would be deemed invalid.

JUDICIAL ATTITUDE
In the case of Lim Sew Lan v Pembangunan Hysham Sdn Bhd & Anor [1999] 4 CLJ 701, the court held that the plaintiff had been induced to enter into the agreement by the defendants’ representations contained in its sales brochure. Where a statement is represented in such a way as to represent a fact which induces the representee to enter into a contract, then such statement intends to have contractual force and is thus a contractual term.

In the case of Cheong Bee Yong v Mbf Finance Bhd & Anor [2001] 5 MLJ 396, the second defendant, MBf Property Services Sdn Bhd, was managing certain property developers, which included Kabra Holdings Sdn Bhd. The latter was the developer of Ampang Hilir Condominium. The plaintiff purchased a unit of the condominuim from Kabra Holdings Sdn Bhd on the basis of an attractive offer advertised by the second defendant in a brochure. The brochure stated that no loan interests need to be paid until the issuance of the certificate of fitness. As no certificate of fitness of occupation (‘CF’) had been issued by the relevant authorities, the plaintiff sought a declaration that he need not pay back any loan interests to the first defendant until the CF has been issued.

The Court in granting the application with costs borne by the first defendant said that in the circumstances it would be grossly unethical and certainly most unfair for the first defendant to ask the plaintiff to pay whatever interest accruing to the first defendant before the CF is issued, because such expenses would have to be borne by the developer, as had been unequivocally stated by their manager, the second defendant, in the brochure. The way the brochure was worded, it must be regarded as an undertaking to pay whatever expenses that arose before the issuance of the CF and the plaintiff had acted by purchasing a unit on the strength of such undertaking.

The above case referred to the case decided by Gopal Sri Ram JCA in the case of MBF Property Services & Anor v Balasubramaniam a/l K Arumugam [2000] 2 MLJ 267, in which the judge in this case look at the similarities of the facts.

“The three documents; the sale and purchase agreement the agreement with the first appellant and the loan agreement with the second appellant, must be read together as they form part of the same transaction …

When the three documents are read as a whole, their effect is this. In the first place, the respondent shall purchase the property from the developer at a specified price and terms provided under the sale and purchase agreement. Thereafter, the first appellant shall keep the respondent indemnified and harmless in respect of any monetary payments due to the second appellant until the certificate of fitness of occupation is issued. Secondly, the second appellant will lend money to the respondent to pay for the purchase upon the mutual covenants contained in its letter of offer subject to the condition that the interest will be paid by the first appellant during the relevant period.”

The court further emphasis that the promotional materials are not trivial promotional materials, but are a solemn effort to convey a distinct mental image to the prospective buyer to persuade him to make not any mere booking but a commitment to purchase by payment of a non-refundable deposit in Ammer Ali Mohamad Yussof & Anor v Sunrise Bhd [2008] 1 LNS and whatever date that is mentioned in the brochure and all other promotional materials will prevailover date in the Sale and Purchase Agreement as held in Faber Union Sdn Bhd v Tribunal Tuntutan Pembeli Rumah [2011] 7 CLJ 37.

In the latest case of Malaysia Land Properties Sdn Bhd v Waldrof & Windsor Joint Management Body [2014] 3 MLJ 467 the court held that the appellant was bound by the sales brochure read together with the sale and purchase agreement. The law is to uphold what had been originally planned and approved namely, that the disputed area is common property. Once the purchasers had been given vacant possession of their respective parcels the performance of the sale and purchase agreements was complete. The appellant cannot be seen to be allowed to have any reservation of rights to be exercised ‘from time to time’ subsequently for its own benefit. In other words, the Developer has to honour the information contained in its brochure.

SSblack
post Oct 2 2019, 11:15 PM

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though I'm not a buyer of eco cheras but I strongly feel that the buyer should take this thing very serious and force the developer to honour their design, I do not have the brochure, if anybody has it can post here so we can study together. We as consumers should stay together and teach this kind of cut corner developer a lesson else they think they can cut whatever design they want
SSblack
post Oct 2 2019, 11:20 PM

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QUOTE(SongChiang @ Oct 2 2019, 11:17 PM)
I APPLAUD YOU SIR.

turns out he don't really know what he is talking after all. whistling.gif
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We all have freedom to speak here but do not mislead the others by his so called experience. We respect others have different point of view provided not treating others like idiot
SSblack
post Oct 3 2019, 11:45 AM

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QUOTE(westthen @ Oct 3 2019, 08:22 AM)
Wow thanks..i learn something new today...i always thought SPA is the only agreement we can refer back 2
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It's not written by me, I just copy paste, cause I came across this news before.
SSblack
post Oct 4 2019, 03:15 AM

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QUOTE(BEANCOUNTER @ Oct 3 2019, 11:52 AM)
please ask yourself this question

how many new property launches a year in Malaysia vs how many successful cases where buyers managed to get a winning case out from developer?

please don't be a NATO. if got valid reason, please take legal action against the developer. I have no ill feeling with this. if you guys won, then I will follow up to seek the same compensation. like I said, I only trust Agong Notes and not all the politics.

why don't you quote Tropicana W residence vs the sledgehammer unka case? Or YTL Reeds vs Homeowners case?

don't come here and complaint this and that and never take your concern to the developer or authority, sounded just like sour grapes.
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what we are saying here is the developer is actually legally inappropriate, but if nobody take legal action means they escape lo. I'm done arguing this design with you, I just wish all your investment property will have this kind of finishes as you are big fans of brutalist architectural, and better still got free water feature ie water fall unit, yes I'm sour grape, im so so regret on not investing in such a fancy finishes project, I regret until can't sleep every night le
SSblack
post Oct 17 2019, 09:47 PM

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BEANCOUNTER where are you?? is the above picture also the part of the design?? wow I was amazed by this kind of outstanding finishing only available in ekc

 

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