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Claiming liquidated damages (delayed VC), Process of claiming liquidated damages
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TSjasoncs87
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Oct 4 2017, 12:21 AM, updated 9y ago
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New Member
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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
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hanhanhan
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Oct 4 2017, 05:10 PM
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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.
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TSjasoncs87
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Oct 5 2017, 06:50 PM
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New Member
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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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