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 Home Defect Rectification Checklist, After vacant posession! Update With Pics

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stevensys
post Sep 27 2010, 10:08 PM

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i learn alot.. thanks
column3
post Oct 7 2010, 10:52 PM

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nice info..Thank you for sharing...
kampit_ikram
post Oct 15 2010, 11:58 PM

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if u guys knows QLASSICS... n if u guys have the money... go for the developer with high ratings of QLASSICS...


mohag
post Nov 20 2010, 10:11 PM

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Hi.. nice info. Will be getting keys soon. Thanx
furryfluffy
post Nov 24 2010, 08:29 PM

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Good thread. I produce my own defect report to submit to developer 1wk after the key handing over. Since I'm also in construction industry, I check defects in more details. Wonder if ppl would engage ppl like me to check defects -lol...
mohag
post Nov 25 2010, 04:35 PM

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QUOTE(furryfluffy @ Nov 24 2010, 08:29 PM)
Good thread. I produce my own defect report to submit to developer 1wk after the key handing over. Since I'm also in construction industry, I check defects in more details. Wonder if ppl would engage ppl like me to check defects -lol...
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Hi, just wondering, do you mean you provide services to check for defect? And does this type of services exist in our shores? icon_rolleyes.gif
jim800
post Nov 27 2010, 08:19 PM

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very good info... thanks.. May i know anyone of you bought house from Metro Kajang before ? Any comment ?
Anyone of you have the defect list template ? Mind to share.


thanks
furryfluffy
post Dec 3 2010, 07:09 PM

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QUOTE(mohag @ Nov 25 2010, 04:35 PM)
Hi, just wondering, do you mean you provide services to check for defect?  And does this type of services exist in our shores? icon_rolleyes.gif
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I am in the construction industry. My first project during my intership was to supervise my director's own bungalow & i followed my GM to the bungalow everyday to check defects.

Then I was assigned with medium cost condominiums & later exclusive condominium projects (both well known but i'm not advertising whistling.gif )

So I know defects quite well tongue.gif

I do not provide this service as a business... but wonder if i can do this part time... laugh.gif

I produce my own report for both property that I bought. However, I believe anyone can do it... like this thread is quite informative on checking defects nod.gif
Arkadeuz
post Dec 19 2010, 12:29 AM

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This is a very good thread

QUOTE(marchkingdom @ Oct 25 2007, 11:50 PM)

ok, seriously, I may not be able to wait for all the defects to fix. If I ask my contractor to start renovation works (but do not affect the defect area, will this void the right that I have? Do I have to wait till the defect fix b4 do reno?
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This question was asked way back earlier but I can't seem to find a direct answer (or maybe I've missed them, believe me.. I READ every post sweat.gif ). Could anyone please help RE-answer regarding this matter? icon_question.gif

......and I would like to know if let say I submitted 20 or so list of defect but the developer only manage to rectify half of them and keep dragging, empty promises bla bla bla and so on.. WHEN can I write a letter to the stakeholder to hold the 5%? Should I asked them (in writing) to explain why the rest aren't fix first and give them grace period (again) or should I just sent the letter to the stakeholder?

Thanks notworthy.gif

furryfluffy
post Dec 19 2010, 03:55 AM

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QUOTE(Arkadeuz @ Dec 19 2010, 12:29 AM)
This is a very good thread
This question was asked way back earlier but I can't seem to find a direct answer (or maybe I've missed them, believe me.. I READ every post  sweat.gif ).  Could anyone please help RE-answer regarding this matter?  icon_question.gif

......and I would like to know if let say I submitted 20 or so list of defect but the developer only manage to rectify half of them and keep dragging, empty promises bla bla bla and so on.. WHEN can I write a letter to the stakeholder to hold the 5%? Should I asked them (in writing) to explain why the rest aren't fix first and give them grace period (again) or should I just sent the letter to the stakeholder?

Thanks notworthy.gif
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If ur defects report has pic n had joint inspection with developer rep to acknowledge the defects, there will be less risks of dispute. Else any 3rd party (reno contractor) having worked in ur house, could be used to disclaim ur defects report. However, some developers r kind to rectify even if its after reno. Depends.

There is a timeframe to compleye the rectification. Check with ur developer. BTW, afaiac, retention sum only released upon completion of DLP.
Arkadeuz
post Dec 19 2010, 10:18 PM

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Thanks furryfluffy for a well explained answer thumbup.gif


and now, I hope I can get some help and point of view from the forummers. I was just about to sign my S&P Agreement today but because I've been doing some homework (this forum helps me alot), I made it a point to read EVERY single details of the agreement and I found this:



NOW IT IS HEREBY AGREED as follows:-

.........

10. Vacant Posession

10.1 The parties hereto hereby agree, covenant and undertake that the Purchaser has prior to the execution of this agreement inspected and viewed the physical state and the condition of the said Property and the Purchaser is fully satisfied and accepts the same and and that the said Property is sold on "as is and where is" basis with the vacant possession

11. Condition And State Of The said Property

11.1 The said Property has been made available for the inspection of the Purchaser and the Purchaser has inspected the same prior to the execution of this Agreement. The Purchaser hereby declares acceptence of the state and condition of the said Property as the date of this agreement. The Vendor shall not be required and/or liable to carry any additional works whatsoever on the said Property.



I read and re-read and can't find anything related to the 18 months DLP. My questions are:

1. Isn't the DLP is a must in every SnP?

2. Is the SnP telling me that I will buy a house (still in construction progress) without any DLP?

3.I haven't sign the SnP yet but I've already paid the booking fees, If let say I decide not to proceed with signinig, can I get my money back?

4. The Real Estate Advisor (from the developer) told me to write a letter stating that I want DLP to be included in the SnP and she said they will comply hmm.gif .. Is this a valid/good move?

5. Any advice regarding this matter?

I never made any joint inspection of the house or whatsoever with the developer side. What I've done was just looking around the development area armed with a map with with highlited vacant units and choose which one I want, went back to the office and paid the booking fee. The house is not 100% ready by the way.

Help me please icon_question.gif .. I haven't sign the SnP yet but have put down my John Hancock in other documents. The SnP was the last document they hand-out to me...

P/S: Sorry Mr. moderator, although I have posted this question here , I really think it needs a topic of its own. ( I am hoping some expert and Lowyat can help clarify this matter) Need helps regarding S&P

This post has been edited by Arkadeuz: Dec 19 2010, 10:37 PM
stevenkkt
post Dec 30 2010, 11:31 AM

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Thanks alot for this thread, learnt quite a lot from this. Thanks again for sharing!
mohag
post Dec 30 2010, 07:29 PM

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QUOTE(jim800 @ Nov 27 2010, 08:19 PM)
very good info... thanks.. May i know anyone of you bought house from Metro Kajang before ? Any comment ?
Anyone of you have the defect list template ? Mind to share.
thanks
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I bought a house from Metro. So far so good. I will be getting my keys on the 17th January.
fmshadow
post Jan 7 2011, 02:55 PM

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Informative thread!! thumbup.gif

Thanks for sharing the great info notworthy.gif

Just my 2 cents worth: Magnifying glass would be good too to ensure small little tiny defects being examined clearly. You may end-up hearing those DVL staff (who handle the joint-inspection with you) telling: "Where got?, Mana ada? Itu kotor saja, etc..." shakehead.gif sweat.gif

It's rather to be more cautious (a.k.a "Kiasu") than shouting for icon_question.gif later *lolz*
jady
post Jan 17 2011, 04:08 AM

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The worst defect is leaking toilet. It happened to my cousin's house, upstairs toilet. The developer fix it for at least 3 times to solve it. Create a lot of mess, cos already move in.
cenkudu
post Feb 4 2011, 04:10 PM

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just wondering is the 18 months warranty applicable to second purchaser? let say the first purchase sell the house within 12 months and there is 6 months left. got problem, my store concrete crack and sand has come out from there
teoanne
post Feb 4 2011, 04:32 PM

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i would like to know this too as i bought an under construction property from the subsale market

QUOTE(cenkudu @ Feb 4 2011, 04:10 PM)
just wondering is the 18 months warranty applicable to second purchaser? let say the first purchase sell the house within 12 months and there is 6 months left. got problem, my store concrete crack and sand has come out from there
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TSaaronpang
post Feb 8 2011, 02:24 PM

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Long time never visit this page... sweat.gif

Transfer of DLP really depends on how the property is sold. This is not legal advice but I'll try to share.

1) Sold by assignment.
Property sold by assignment can continue to enjoy the remaining DLP because the original S&P is still valid. Layman term is tukar nama.
Sauce: HBA read page 8.
Consent charges
When there is no separate title (individual or strata) the developer shall not withhold its consent to any intended sub-sale, transfer or assignment by the buyer to any third party and shall endorse such consent within twenty (21) days from the date of receipt of such assignment. The buyer shall pay to the developer for giving the consent an administration fee of RM500 or 0.5% of the purchase price, whichever is the lower.

2) Sold by direct transfer.
After individual property title is issued and property registered to the original owner name. The new buyer cannot claim DLP because the original S&P lapses. Basically the new owner is considered to have purchased the property on "AS IS" basis. Similar to what "Arkadeuz" posted.

10. Vacant Posession
10.1 The parties hereto hereby agree, covenant and undertake that the Purchaser has prior to the execution of this agreement inspected and viewed the physical state and the condition of the said Property and the Purchaser is fully satisfied and accepts the same and and that the said Property is sold on "as is and where is" basis with the vacant possession
11. Condition And State Of The said Property
11.1 The said Property has been made available for the inspection of the Purchaser and the Purchaser has inspected the same prior to the execution of this Agreement. The Purchaser hereby declares acceptence of the state and condition of the said Property as the date of this agreement. The Vendor shall not be required and/or liable to carry any additional works whatsoever on the said Property.



This post has been edited by aaronpang: Feb 8 2011, 02:57 PM
alfred liew
post Feb 14 2011, 04:28 PM

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Dear Sifu,

i bought a subsale house from developer last year and i have checked the 7 pages only S&P that there is no warranty stated in the agreement and the house is sold as it is condition. the s&p lawyer is their lawyer.

however, i still keep the email from developer sales person promise that they will rectify all the major defects and i also filed in the complain letter 7 mths ago.



and now, they still didnt manage to fix the roof leaking after 7 mths and i havent take over the house as they want me to sign the acknowledgement letter of defects rectification during handling over. base on my neighbor feedbacks that they will not entertain buyer complain once they have signed on the acknowledgement letter.

is there anything i could do as i have paid my loan for 7 mths and i cant rent it out.

thanks

This post has been edited by alfred liew: Feb 14 2011, 04:30 PM
TSaaronpang
post Feb 14 2011, 05:41 PM

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S&P are legally binding and it clearly states sold as is.

Since you've signed it basically means you agree to the terms and conditions.

Please consult a lawyer if you any legal avenues to persue.



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