I did managed to write a letter to lawyer to withhold that final 5%..just before the developer wind up..

I'm posting this separately coz I feel it deserves a topic of its own.

Anyway I hope I got it right if anybody is more experienced in this matter can comment and advice I'd really appreciate it!

1) Find out who is your stake holder?

You should have a letter from the developer  list>>> informing of the common defects found in the above unit.

Here is something that I would like to add on.

1. State which clause under S&P of your house that the developer fail to meet.

2. State the exact date the developer have to complete his defect.

3. Under your IC number put H/P contact number for easier processing.

4. Always keep yourself 1 copy for each letter you send. (with sign acknowledgment of receipt)

I'm posting this separately coz I feel it deserves a topic of its own.

Anyway I hope I got it right if anybody is more experienced in this matter can comment and advice I'd really appreciate it!

1) Find out who is your stake holder?

You should have a letter from the developer informing who your stakeholders are.

2) Write a notice to withhold releasing the 5% stakeholders sum to the developer...

I don't warranty this letter to be correct because honestly I've never had to write one of these yet:-

A) Sample letter to the stakeholders. <<<Replace Information In Bracket>>>


3) Send a copy of this notice together to your stakeholder and developer.

Try to send to the stakeholder by registered mail or in person hand deliver it, also bring along extra copies and get the stakeholder lawyers to stamp, date and sign acknowledgment of receipt.

It's better if you send it in by hand rather than have our reliable post service "Hilang" such an important document.

Then attach a copy to your developer with a cover letter notifying the developer they're not getting any money unless they fix your defects or you will fix it yourself and deduct the repair cost from the stakeholders share. Include a quotation for the cost of repairs when you send it to the developer and CC your stakeholder.

You can get a formal quote from your friendly PCK contractor loitering around any new housing area or calling the phone number on banners hung in front of newly renovated homes. Heck I've received some very professional looking quotations even from those chinamen type contractor. Majulah IT! 

B) Sample notice letter to the developer. <<<Replace Information In Bracket>>>



edit: Updated the with notice letter to the developer  & minor corrections

I bought a property from SSF developer, and many defects from water leaks, crack walls, under ground pipe leaks. I have also been chasing for the defects to be fixed. Now coming up 24 months and defective leaks have come back. Chasing them at the mo but their attitude now it has been fixed previously and anything else is outside of warranty. What else can I do? The defects have not been permanently fixed due to poor quality methods used and it is reasonable to chase them to rectify permanently.

The SSF staff have really bad attitude once you have paid and bought the property they will ignore your emails and phone calls. When at times they do pickup the phone they will try and wriggle out from their responsibility either by delaying or saying contact their lawyers . This kind of developer really give the Malaysia property industry a really bad name. Are they trying to cheat the customers by building poor quality houses and sell them at luxury prices?

This is the worst experience I have ever had buying property and I warn anyone who is considering buying from SSF. One word, DON'T!

Any ideas what else can I do?

Need help!

i just get key for new condo and submite the defect list, developer taker more than 2 month to finish but not all defect satisfy. developer ask to submit 2nd defect and will take another one or 2 month to complete.

Issue is i start paid maintenance fees (RM420 per month) start since collect key, but i cannot move in for 3 month or more. Negotiate with developer but they not willing to refund this maintenance fees. what should i do? can give some advise?

Hello, the developer will have to repair the damage done during the defect rectification. They are bound by the clause whereby the 5% cannot be released until all defects are rectified. The lawyers holding the money is the S&P lawyers (who are acting for the developers), please do not go to the wrong lawyers..

The warranty period is 2 years and any more than that, you will need to show proof that the damage was caused by the developers themselves and not by tenants doing renovation. The law is a bit susah here (think Highland Towers) as the process can be very lengthy, so its best to spot the defects immediately but some are not so evident like properties built on landfill and mining pools or near slopes.   

Also not easy to claim the 5% from the lawyers as they are working for the developers (cos most developers pay the legal fees for you, I would be suspicious) so its better to ask them to repair it themselves and not allow the 5% to be released, a cc to the Bar council and the Housing Ministry, complaints department is a better bet. 

Also before you collect the key, make sure that the developer has a checklist or you can do one yourself and if not all is 100% marked off, then do not accept the key and ask them to rectify the problem. Any delays by the developers and they will have to pay a late delivery penalty, so you need to remind them..usually first time developers. The more experienced ones will have a proper checklist and a site clerk/supervisor to attend to you and not just a foreigner passing you the keys. 

Reminder : Please change the front door lock or get a grill installed before you start any renovations/installation of lights and fan as the guy fixing the locks can never be trusted.