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 LAD Claims

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TSteikboon
post Nov 20 2017, 05:40 PM, updated 8y ago

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Hi all,

My SnP written the house purchase price is 688k but developer count the LAD amount that they should pay with base of 638k after all the rebates. While the SnP written that SnP should be calculated based on purchase price.

After give them a few calls and a letter, they insisted to calculated it based on 638k and tell me: we already give rebate, apa lagi lu mao?

This make me more mad.gif with this kind of reply.

688k vs 638k LAD will result in different of 1k plus. To many people, that is not so much money but I feel I want to claim the money in correct amount. If no, why developer can not to honor the SnP but we purchaser will be the one punished when we no follow rules in SnP?

If take the case to tribunal, what is the chance of them honoring / paying it in the end? sad.gif

This post has been edited by teikboon: Nov 20 2017, 05:46 PM
dannychen
post Nov 21 2017, 09:36 PM

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must be desa country homes project.
TSteikboon
post Nov 21 2017, 11:31 PM

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QUOTE(dannychen @ Nov 21 2017, 09:36 PM)
must be desa country homes project.
*
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dannychen
post Nov 22 2017, 04:20 PM

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QUOTE(teikboon @ Nov 21 2017, 11:31 PM)
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please file your case at Tribunal. They deserve a punishment. in fact, you can claim from booking date and not spa date.

read here

This post has been edited by dannychen: Nov 22 2017, 04:24 PM
acbc
post Nov 22 2017, 04:21 PM

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Drag them to tribunal.
hanhanhan
post Nov 22 2017, 06:36 PM

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if its under HDA then you're in luck (check if ur SPA first page got Schedule H / Schedule G)

they have to handover VP X years (check the due date in your SPA) from the date of booking (not SPA date)

and they must pay LAD based on price in SPA, not the discounted price.

law is clear on this, file at tribunal and you'll win.
TSteikboon
post Nov 22 2017, 06:54 PM

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guys, thanks for all the info so far. my SPA date and booking date different quite a lot of days because we decided to add extra name last time but in the end can't do so as bank or lawyer (forget who) say must follow who is the one who that take the loan.

didn't hope can get the claims till booking date but at least can get the full amount based on the price of the house stated in the SnP. If they talk nicely that day, perhaps I will just accept what it is. The reply of "you should satisfy already since you got rebate" that me feel angry.

will update again once I submitted form to tribunal.

This post has been edited by teikboon: Nov 22 2017, 06:55 PM
dannychen
post Dec 9 2017, 10:14 PM

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QUOTE(teikboon @ Nov 22 2017, 06:54 PM)
guys, thanks for all the info so far. my SPA date and booking date different quite a lot of days because we decided to add extra name last time but in the end can't do so as bank or lawyer (forget who) say must follow who is the one who that take the loan.

didn't hope can get the claims till booking date but at least can get the full amount based on the price of the house stated in the SnP. If they talk nicely that day, perhaps I will just accept what it is. The reply of "you should satisfy already since you got rebate" that me feel angry.

will update again once I submitted form to tribunal.
*
any updates on your case bro?
TSteikboon
post Dec 9 2017, 11:21 PM

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QUOTE(dannychen @ Dec 9 2017, 10:14 PM)
any updates on your case bro?
*
Hi all, forget to update my thread here as busy with moving in to new house recently.

The developer finally willing to pay based on calculation of full price as stated in SnP. That was after we give them final ultimatum. They didn't reissue the cheque. Just top up with cash. Me and bro who are joint owner to the unit, agreed with the solution and accepted it as we get what we claimed for.


Lesson learnt from these incidents:

get to know the details of your agreement as lawyer might not explained to you in the first place especially those appointed by developers itself. Ask them as much as possible before sign. When shit happened, they will ask you to deal with developers on our own.

Decide properly whether to accept those claims or not when it is not paid in full. I see other just accepted it when the difference is not much. As saying said: sikit sikit lama lama jadi bukit. They save on you, means they can do it for all units. If small amount does not matter to you, then it's ok.

Try to learn about buying houses from more experienced people. It is not as straight forward as you might think it can be.

This post has been edited by teikboon: Dec 26 2017, 10:17 AM

 

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