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 How to claim back booking fees?, developer without ADPL

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intoxicat
post Apr 18 2017, 09:04 PM

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115 posts

Joined: Mar 2017
QUOTE(wan2juice @ Apr 18 2017, 08:03 PM)
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!
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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
intoxicat
post Apr 18 2017, 09:16 PM

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115 posts

Joined: Mar 2017
QUOTE(jinsailoo @ Apr 18 2017, 09:07 PM)
normally is paid to stack holder (lawyer firm)

just search the lawyer firm and give them a call for refund
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If deposit paid to lawyer, and lawyer refused to refund, lodge a complaint here :-

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

 

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