Hi,

Can we claim back our booking fees if we finally cancel to purchase the unit?
Me and my brother had place a booking fees of RM1000 respectively to different project.

For myself, one bank approved loan, but after some consideration, i decided to cancel the booking.
I asked back to the agent, and she told me as long as there is ONE bank approved, i cannot get back my booking fees.

For my brother's case, he got no bank approve, finally give up.
He could not get back his booking fees as well.

To my understanding, as long as the developer has not obtain ADPL, they cannot collect any money from buyer.
These two developers have not obtain it at the time we place booking.

I have tried mail to developer asking a claim back, but it was like stone into the sea, no reply.
My question is:

1. Can we claim back our booking fees?
2. What other ways can we do?
3. If write letter to developer, any sample to refer? i'm not sure the proper way.

Thank you!

Yes rightfully developers cant collect money if apdl not approved but they can deduct certain adm fee if they believe is justuficable. Usually its rm500.

You can file yr complaint to housing tribunal if u r purchasing resi units.

Loan conditions are not required for buyer to cancel yr booking. Dun be fooled by agent or developer.

Tell your agent he is sheet. He is fooling u bro. He will just makan the moneyZ

Go report police. 😬

It is highly unlikely that a developer who has no AP/DL dared to collect any deposit from you, usually the agents or lawyers of the developer will collect on behalf of developers under all guises.

If you have paid the deposit to the developer and the developer refuses to refund you your deposit (whether the developer has AP/DL or otherwise), make an online compliant here :-

http://ehomeonline.kpkt.gov.my/aduan-onlin...maju_swasta.cfm

Regulation 11(2) of the HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989

"No housing developer shall collect any payment by whatever name called except as prescribed by the contract of sale."

This means that the developer cannot forfeit any of you booking fee, for whatever reasons (administrative fee or service fee whatever) in the event that you do not wish to proceed to sign the sale and purchase agreement (even if you already have the letter of offer from the bank and the developer is aware of this).

IF your deposit was paid to the Sales Agent and the SA refuses to refund you your deposit, made an online complaint here :-

http://www.miea.com.my/file-a-complaint

No payment is allowed before SNP signed. As simple as that.

normally is paid to stack holder (lawyer firm)

just search the lawyer firm and give them a call for refund

If deposit paid to lawyer, and lawyer refused to refund, lodge a complaint here :-

http://www.malaysianbar.org.my/complaints_...st_lawyers.html

Aiyo....nowadays many many yong agents kacau developer pojek and appeared to work for the developer ....r u sure the agent is outsourced or directly employed by the developer internal staff...or simply outsider ...to whom the deposit u paid to..if to genuine developer staff, most will refund or partial refund...talk to the developer Directly

project witout apdl,buyers how to get loan? without apdl no s&p sign & cannot get loan from bank. ask them to refund the money.talk direct to developer

Masa ts paid booking fees = haven't obtain apdl yet.

Well, most of the time the "deposit" collected or "booking" fee collection is done only after both sides sign on some piece of paper. Commonly the tactic employed is not to call this "booking" or "deposit" but "admin" fee. And I'm pretty sure there is a clause that says that the money can only be "partially" or even "non" refundable. If you did sign on this piece of paper that says that, then legally you will prolly not win.

A buyer should not make any payment to the housing developer before the Sales and Purchase Agreement has been signed.

The developer is also prohibited from taking any payment. If a developer refuses to return the deposit or booking fee, a buyer can write an official complaint to the ministry so it can take the necessary action either to direct the developer to return the money or to take legal action against the developer for infringing Regulation 11(2) of the Housing Development (Control and Licensing) Regulation 1989.

Regulation 11(2) of the Housing Development (Control and Licensing) Regulation 1989 states that:

"(2) No housing developer shall collect any payment by whatever name called except as prescribed by the contract of sale."

This post has been edited by heavensea: Apr 19 2017, 05:35 PM

No APDL launch projek and collect booking are vely common ...just to let u knw....most developers will refund u fully or partial unless u deal with dishonest agents or fly by night company

well said.

Again, despite arguing about the refund,
Most important is to ensure there is always a proper official receipt when u place booking fees.
Eventually, this will turn out to be a legal documents in court

Original receipt with date and developer chop/name is a must imno.

By malai "law", yes.
By developer's "rules", no.

You don't pay booking fees = won't even entertaint you...

This post has been edited by heavensea: Apr 19 2017, 10:28 PM

If you have not sign S&P and the property is under Schedule H, your booking fees is 100% refundable. If developer refuse to return the deposit, make complain online @http://www.kpkt.gov.my or you may call the officer at KPKT for guidance. They will just ask you email them the booking forms or details, receipt etc. They will take action at their part and without you even need to pay a visit to them. The process is very fast and I already get back my deposit. This booking fees issues, we as consumer are lack of education and knowledge that we have the rights not being forfeit. There are some Unscrupulous developer out there, claiming to deduct as admin charges even malaysia HDA already have this law in black and white. So beware and know your own right and claim back what you
NOT suppose to pay.

Hey I am newbie here, do u mind sharing if u have signed any offer letter/booking forms, etc and still managed to get your deposit refunded? I might need to file complain as well...

owl2017is this refundable only accountable to developer case only? how about the agencies that handle the sale on behalf of the developer.. can they do refund?

Pls study the form you signed when you paid yr deposit.

All should be there.

hi sifus here..

this is meaning post that could help many from being cheated by developer.

I wonder if anyone recently facing this issue too?

please pm me..

i think something have to do to prevent more innocent buyer money being "illegal suck by developer under bright sky" just because they keep threaten buyer that they had signed the developer booking fee form.
they and agent will keep forcing buyer "You had signed means you accept".

I believe all professional developer and agent aware of the rules Regulation 11(2) of the Housing Development (Control and Licensing) Regulation 1989 ,
yet, purposely ignore and do it, challenge the law.

from my view,

For those who involve , developer and agent, should be investigated by housing ministry all over again, or go take exam again.

Offence 1: Illegal black and white letter
They ignore and challenge the law by writing in out black and white on paper.
Under Regulation 11(2) , they dont even have the right to have the term of forfeit this word/meaning in their letter.

Offence 2: Misleading on purpose
As a professional developer or agent, this act is a way of misleading buyer by wrongly "educated" buyer.
I always thought agent should stand by buyer side protect buyer too,
until i see this post..OH MY GOD...where is the professionalism ?
Agent can earn so many k once purchased,
buyer willing to pay because we dont want /no time handle mess, wish to find a professional person handle for us,
but they are not even responsible backed with law and regulations in their brain,
what is the purpose of agent?

Offence 3: Forfeit money
The money they forfeit, consider illegal money in their account,
i believe there is always buyer change mind all year round,
imagine each unit RM1000, easier then rob bank.
entire account of company had to be checked, how many money been forfeit, consider as dirty money,
all have to return to buyers.

Anyone agree with mine statement above?

Please point me out if I am wrong, lets discuss and I wish to learn as I learning to invest in property

This post has been edited by bunny2018: May 9 2019, 08:30 PM