Your neighbour did good by performing a leak test to check for leaks... document it and inform the developer to get it fixed...

You should do the same thing too for your unit too because if the neighbour below you also complain after the DLP it's your unit that's leaking.

You're expected to do the honourable thing and fix it with your own money

Is this a house or condo? Sorry I can't tell from the picture...

If its a condo complain to the condo management corp... citing erosion and common area property damage.

If its a house I'm not familiar with drainage and irrigation laws... so its difficult to comment.

Does your neighbour have a similar design... if they have a culvert and you don't complain to the developer.

If all the houses don't have culverts and you're under DLP is doesn't hurt to complain altho I'm unsure if the developer will act on it.

This post has been edited by aaronpang: Feb 4 2008, 01:19 PM

Hi crazyconsumer,

Thanks for reading and posting a good suggestion... Are you performing a DLP inspection if you are do share your experience?

I did use post-it notes initially but those kept falling off esp. if used outside the house.

Anyway the developer still had to repaint the area after fixing any defects... I won't sign-off if they didn't

This post has been edited by aaronpang: Feb 26 2008, 11:45 AM

My suggestion is put it down in your defect list and see if your developer will willing remedy

If they won't do it, demand a written explenation why?

After which if the developers reply is not to your satisfaction you could try using the stakeholders sum to rectify your erosion problem

Witholding Stakeholders Sum
http://forum.lowyat.net/index.php?showtopic=423171&hl=

I don't guarantee any of these measures will work but do give it a try... any other forum members with better ideas or advice please help??

Thanks mate...

This post has been edited by aaronpang: Mar 13 2008, 04:10 PM

Honestly I don't know for sure, do try and let us know how the developer responds.

I've read some developers do heed their buyers grouses and attempt to fix such drainage problems... albeit in a half hearted manner

See here http://www.realestate.net.my/forum/archive...-vp-1505_75.htm

Read the post "Posted: Sat Apr 01, 2006 5:17 pm"

This post has been edited by aaronpang: Mar 17 2008, 10:06 AM

Tiles are immune to masking tape... and I didn't have any problems peeling tape from painted surfaces.

The masking tape didn't leave any residue or paint flaking... maybe coz I choose the cheapo tape

Since the walls have cracks/damage the developer needs to remove the tape before starting repairs and repaint afterwards anyway.

Without any problems afterwards and the workman who did the repairs didn't complain.

If you're unsure about masking tape you could always try alternatives like PostIT notes for example.

This post has been edited by aaronpang: May 30 2008, 04:55 PM

If the unit is under DLP write to the developer to fix it.

Otherwise report to the Management Company (MC) first and ask them to check for the source of the leak. If the source is from common property then it's the MC that needs to fix it.

But if the source of the leak is from the upstairs unit internal pipes (get black and white letter from the MC) then ask the owner of the offending unit fix The cost of repairs is borne by the offending units owner.

Or if you're feeling generous you could offer to share 50:50

This post has been edited by aaronpang: Jul 22 2008, 07:49 PM

Doesn't matter if the owner collects the keys now or 2 months later once the developer issues a letter informing to take vacant possession of the property the clock starts ticking.

There is a 14 days expiry from the notice for the owner to take VP or it's automatically deemed to have taken vacant possession.

Thank you and good luck with your new house

Developers are legally bound to honour the DLP otherwise you can repair it yourself and deduct the repair cost from the stakeholders sum.

See Overdue Defect Notice & Witholding Stakeholder Sum, Sample Letters

The passage is self explanatory.



This post has been edited by aaronpang: Feb 2 2009, 02:46 PM

Usually when taking VP a rep from the developer will meet you at the house to go over the checklist of fixtures etc...

If any are missing complain on the spot and note it down as missing on the checklist.

At the same time you can also include the big holes etc... as a defect and get the developer to fix.

Free things, are those noted in your S&P?

Defect...? Definately yes... make them replace or repaint the ceiling board to your satisfaction...

How does the site manager know the particular tile your complains about is properly filled? If the tile in question sounds hollow compared to the surrounding tiles chances are its defective.

Tiles maybe properly filled but can sound hollow because it's become unstuck due to dirty surface or didn't use right grouting mix.

From my experience living in previously rented house bits of floor tile snapped off near the edges because they're hollow.

Exploding tiles Usually occur because tiles are packed too tightly rather than too much grouting. There is a small space between tiles to accommodate expansion. If the tiles are installed too closely they don’t have space to expand and contract with temperature changes thus exploding.

The other complaint is tenting when the tiles start poping up...

I used a spirit level to check you can buy one for about RM15 or so..



You can also use the spirit level to check if you have slanted walls... or crooked door frames.

This post has been edited by aaronpang: Aug 25 2009, 11:11 AM

Hollow tiles could crack if they're floor tiles or fall off.

Tenting is when tiles bulge or pop out...

If you have a standard S&P without any additional caveats, cracks on your outside wall should be covered by developer.

My suggestion is to read your S&P properly...

Long time never visit this page...

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

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.