Dear all sifu here...I have a problem and need some advice regarding the liquidated damages claim...I just took my key for my soho unit..but it's delayed and I need to claim back the interest on the developer...let say I bought the unit for 400k got discounted 7% so it's 372k....however the price stated in S&P is 400k...

Calculation should be

400k x 10% x duration of delay days ( example 80 days) / 365

Or

372k x 10% x 80 / 365


Then another is common facilities claim is :-

400k x 10% x 20% x 80 / 365

Or base on 372k?



2nd question, since taken the key till now we cannot use the facilities such as gym, theater room and etc provided by developer since it not fully equipped...do we able to claim back our maintenance charges we paid or common facilities claim as well?

And what procedure I should go through?


3rd question, do we actually able to get the specific plans or drawing for all the material such as copper piping size for aircon in our unit and wiring point which is approved in the project..because I doubt the main con had change some material....I wonder if we have the right to get the plan to compare....anyone can advice




Thanks in advance

read your SPA lah.
it's all inside.

Already read, it's said base on my purchased price which is stated in SPA is 400k ...but the person that approached me she claim its base on my after discounted price.....and I asked her is it same even I bring this to lawyer? She said it still would be after discounted price...that's y I wanna ask sifu here...

follow your SPA

I c..any idea for my other question? Bro

purchase price is always refers to your SPA stated price.

You must make a valid demand letter to the developer and the stakeholder lawyer.

pls refer sample of letter here. yours is schedule H http://www.hba.org.my/help/sample.htm

Regarding your checking on material use, plan alone cant help you much. Its only show orientation and location.

For specification and technical data you need to refer other document which will be hard to obtain.

To make your life easier, get a specialist to double check for you. This people shall know how to identify them

and the maintenance fee + sinking fund you paid monthly, those are like pool fund. If the common facilities are incomplete, just continue issue demand letter according to the sample letter

Ok noted...then I will refuse to accept the price they offer..I will stand still to follow back SPA price to calculate the liquidated damages
Thanks

of course, because developer is prohibited to give any form of rebate. Thats why they unable to make the discount as official or incorporate in the SPA. They wont dare challenge you on this. HDA said so

The main problem I concern is my aircon copper piping..as developer foc 2 units aircon, and another point is ready point for me to install new unit aircon...but I planning to put in r410gas aircon as r22 gas is phase out.then only I noticed thickness piping is diff and can't allow me to install. So I approached management and they pass me to their air con contractor...first they claimed is 0.6mm..no problem for me to install r410 gas air con...then I have my aircon guy actually checked on the copper piping...it's 0.51 instead of 0.61mm as the air con contractor stated to me earlier...now I questioned them back after I took the pict...they now changing story...said that its 0.51mm follow as contract....that's y I wonder is there anyway I can get a copy of material..so if it's really 0.5mm I will change the piping myself..else I want them to fix it back for me

That's mean if the facilities is not fully equipped and cannot use, I can further claim on my common facilities money?

nope, there are no regulation or standard that how much horse power type of copper pipe to be provided by developer. The only liability by developer to u on the said pipe is, they will repair the pipe if leakage found.

for this issue, u need to adapt to it.

based on days. as long not "fully" complete, then you can keep demanding.

Thanks bro...u really help a lot....then I know what I need to do...I will put another demand letter to them on the common facilities claim

cc a copy to your stake holder lawyer, and inform others to send as well. snap time imprint photo as proofs.