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 Claiming liquidated damages (delayed VC), Process of claiming liquidated damages

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TSjasoncs87
post Oct 4 2017, 12:21 AM, updated 9y ago

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Hi all,

I bought a unit 4 years ago and it was suppose to be completed in mid last year. However, developer just messaged me and said the date vacant possession should be around end Nov or early Dec this year. Based on S&P, there is a clause saying vendor (the developer) should be paying 10% per annum of the purchased price upon the date of the purchaser takes vacant possession. With this, I plan to claim this liquidated damages later.

Here come my doubts:

1. Should I message and ask the developer before the date of vacant possession or should I wait till that day?
2. Will there be a need to file a lawsuit?
3. How is the process like?

Thank in advance,
Jason


hanhanhan
post Oct 4 2017, 05:10 PM

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1,203 posts

Joined: Oct 2006
From: Kuala Lumpur


QUOTE(jasoncs87 @ Oct 4 2017, 12:21 AM)
Hi all,

I bought a unit 4 years ago and it was suppose to be completed in mid last year. However, developer just messaged me and said the date vacant possession should be around end Nov or early Dec this year. Based on S&P, there is a clause saying vendor (the developer) should be paying 10% per annum of the purchased price upon the date of the purchaser takes vacant possession. With this, I plan to claim this liquidated damages later.

Here come my doubts:

1. Should I message and ask the developer before the date of vacant possession or should I wait till that day?
2. Will there be a need to file a lawsuit?
3. How is the process like?

Thank in advance,
Jason
*
upon receiving keys, write in to developer directly to claim.

calculate yourself how many days and how much u want to claim

developer will cross check then u just regularly check with them on status.

no need to file lawsuit unless they say they're not paying.
TSjasoncs87
post Oct 5 2017, 06:50 PM

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4 posts

Joined: Oct 2017
QUOTE(hanhanhan @ Oct 4 2017, 05:10 PM)
upon receiving keys, write in to developer directly to claim.

calculate yourself how many days and how much u want to claim

developer will cross check then u just regularly check with them on status.

no need to file lawsuit unless they say they're not paying.
*
Thank you!

 

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