IS there a time frame for the SPA to be stamped? Any rules or regulations in this? Assuming purchaser signed and paid the 10% on 1st August 2016, how long before Vendor signed and get it stamped?

If Vendor delay in stamping, any penalty?

any reason y they delay the SPA stamping ?

Administration problem. Too many for stamping. queue

Once the spa is duly signed by bith parties...it has to be launch to stanp opis within 30 days.

Usually when buyer signed spa u dun put the date de...
The date only put after the directors sign them.

You can argue that the time you fully paid the 10% deposit as the date of spa....

One question boss, what if l manually write the date during the spa (to prevent no delay of stamping to gain rpgt date) and the process to stamping had exceeded 30 days? So need to reSPA? Thanks

I dunno know lah...ayam not lawyer...

Any lawyer here like to response?

Penalty will be imposed for late stamping, as follows:
(a) RM25.00 or 5% of the deficient duty, whichever is the greater, if stamped within 3 months after the time for stamping;

(b) RM50.00 or 10% of the deficient duty, whichever is the greater, if stamped after 3 months but not later than 6 months after the time for stamping;

© RM100.00 or 20% of the deficient duty, whichever is the greater, if stamped after 6 months from the time for stamping; may be imposed.

Thank you.
Whichever the greater is a powerful word.
Is the deficient duty calculated from spa price? Or it is just some admin/procedural charges...
How to calculate the deficient duty?

Says you are supposed to pay RM1000 stamp duty but due to delay for 1 month, there will be a 5% penalty charge on the RM1000, but not on the underlying contract value.

hence the loophole.
many people or biz don't practise stamping.
they can stamp only when there's a need to basis.
and pay the miniscule fine.

and the banks are the culprits too.

1) Place booking 2K to secure the unit
2) Developer issue offer letter
3) Apply bank loan for 70% margin and got approval within 10 days
4) 14 days from letter offer sign SPA and paid balance of 10% downpayment after minus 2K booking and discount
5) Developer return the stamped copy of SPA to you 4 months later.

Signed SPA 1st March 2013 but SPA dated 1st July 2013...
SPA stated VP date start 36 months from the date of the agreement.

Now VP date is June 2016. No LAD from developer. Is there a law where developer must stamp the SPA X-days after purchaser sign? Normally they don't fill up the date and leave empty during purchaser sign the SPA...

do you have the booking receipt?
you can in theory count from that day but it's a hard battle.
but after all, max you can claim is not a lot. minor delays.

you can built your case there. There are always reason why SPA is printed a date there for everyone signature. You signed, you had accepted their offer. Stamping date is beyond your control but developer should not taking advantage on late stamping to "buy time". exercise your right

yup. have the receipt.. yes, tough battle. just angry..

SPA usually no date whoa....before buyer sign his/her part.....

can you remember who did you pay the 10% deposit to?

to the developer or lawyer holds in trust?

like I said earlier, if the deposit is paid to the developer and they 'cash out' immediately, there is good chance you might have a case here.....

Front page and signing page. witnessed by lawyer.

the date they inserted later de....after the directors signed their parts.
I never signed any SPA with date pre printed before buyer signed.

in this context... that is where the developer took advantage of buyer

Some projects... developer only return the dated + stamped SPA 4-5months after you sign it.

Effectively, the contractual completion date is shifted by same duration. For some... they may just miss the juicy LAD.

its not pre printed. When appointment set with lawyer for signing, the LA will chop stamp the date there. you dont sign something without a date, it is very disadvantage to you.

have you ever signed any new property SPA where the date is printed on SPA before buyer put a stroke in SPA?

No.. that is where some developers take advantage where they only sign and stamp the SPA and return it few months later.

In fact... almost like 99% of documents that I signed without date pre-chop on it.

next time dont do this, must insist the lawyer to get it done properly or elase report to BAR for action, exercise your right

In fact... lawyer should get the developer director to sign first because. They are the party that offer buyer to buy.

However this is Malaysia...

perhaps in Malaysia....you are buying, not they are selling qua......

in this context, because lawyer is executing the SPA on behalf of developer, hence, its ok for developer to sign off later but not without a date

Based on your experience, could you share how we can impose the lawyer to date the document prior to our signing?

check and ask them why. So far non of my SPA and Loan doc are left empty for date. I'm very particular to this

Ok next time will do this!

yeah, dont take it lightly because all these document and thick clauses really posting a great risk to us as consumers. We need to mitigate any potential risk to us as low as possible

so the SPA must be with date?

The 36 months is back-dated from the very first batch of stamping of the SPAs, or from the batch where our own SPA is being stamped? Any sifu can please clear this up?

SPA Signed and Stamped on April
Loan Signed and Not Stamped till today

Lawyer purposely delayed it .. any problem for me as a buyers?

Got such thing as loan signed and not stamped?

Can i know, what projek is this?

hi there, can anyone know how is the lead time to get spa stamping from developer,

hi signed Huayang new project spa on 25th September, their lawyer told me normally takes 1 months to get the spa stamping ready,
but yet till now coming to 3 months already, they still unable to provide me an actual date of getting spa stamping,

had called Huayang office sales manager last month, she promised me the spa will ready by this month December, but now she pusing the story again, saying that she cannot commit on december,

anyone can advise me what to do next? till 25th December will be 3 months already

My experience about close to 4 months before the SPA finally stamped and return to me, have to chase both developer, banker and lawyer endless

The trick is
By law, developer need to get spa stamped within one month WHEN both parties have signed and dated the spa.

The problem is in all cases, only buyers signed their parts and just sit at directors office collecting dust until they are ready to sign and send for stamping.

As buyers when sign spa, you should just dated the spa and see your lawyers face turn green. But how many biyers do that?

I only came across one company follow strictly to the rule, i.e. ecoworld. The day that you signed spa, they make sure you have enuf money to pay the remaining 10% deposit, receipt on the spot and date the spa.

Nothing you can do except if you have the receipt of you pay the balance of 10% deposit perhaps you can lodge a complaints to tribunal.

Huayang project must be Aviary at puchong.

yes it is Aviary Puchong,

i been called to their sales manager, then upgrade to General Manager, getting the same answer, just wait..

this project is under HOC , by right they should done the spa stamping before 31th December, just curious if they didnt make the stamping before the HOC timeline, would it affect my side as a buyer?