Hi,


Anyone here has any experience engaging lawyers to fight for LAD from developer ? What would be the average fee be like ? Went to one last week but the fee quoted was so high .

How much is your LAD? If small amount, go to the housing tribunal. Max is 50K if not mistaken.

no need to engage lawyer.

http://www.kpkt.gov.my/index.php/pages/view/320

download the form and fill in. prepare all the needed documents and submit to the kpkt.

Just use tribunal will do.

Take 1 Day off for submission..

Take another off for hearing..

Remember to claim facilities as well. It can be 20% of purchase price

And

Claim start from them moment u sign booking. Not just SPA date.

Bring class action agst the developer...all buyers take action with the single lawyer

LAD is calculated based which date as starting date?
Booking date, SPA date or SPA stamping date?

The date you paid the full 10% deposit.

Mean i need to keep a record from my bank transaction when developer deduct the 10% or else will to use receipt/credit notes date.
Am I right to say so?

Yes.

Rightfully the day u paid 10% you must signed spa and dated as such.

I know many developers dont do that...whether on purpos or play ignorance.

Ic. Thanks for the info.

I bought 1 project whereby the 10% deduct first.
Then sign SPA a few days later when official launch.
SPA stamping a few weeks later.

Need to dig the payment date and keep it.

Few days ok lah....cannot be chun chun de.

Stanping date is irrevent in claiming lad.

I read some where mention booking date.
Then can claim even more if calculate from booking date.

Unless u paid 10% booking fee only lah....

Dun tell me when you paid 2k or 1k to a property then i can claim ownership of the said property jor.

Like that all developers por chan lioa.

You should claim based on Booking date

Why?
By right, developer cannot collect any sort of payments (booking, etc) before purchaser sign the spa. So any payment considered as confirmation of purchase of the property. So developer must put the data of spa same as date of booking date. So that means u can claim using booking date instead of SPA date.

Another thing to take note, usually developer will give you a Vp date. But you shouldn't just calculate the date of late delivery until that date.

Why?
Because they can claim 1st Jan 2018. But the letter reached u 13th Jan 2018 due to what ever postal related delays. So, by right, you can claim the LAD up to 14 days + VP date. Please keep the envelope of the VP letter too bcos that stated the date on the stamp to proof if they send out late or not.

And pls also claim the 20% of purchase price for the facilities..
Delay delivery don't just affect your unit but your facilities as well. So don't just accept LAD amount given by developer.
If you don't file this in, you're saving their money..their lad amount usually don't include this.

Happy filing for LAD

And

Happy New Year to all

more than 50K but the fee that I was quoted will be approx 1/3 of the final amount i am trying to claim.

can ask which property u wana claim LAD?

This is substantial. Last time managed to get LAD for 6k+ but was actually 1-2k less, just not worth my effort to follow up. Good luck!

Many years ago, I claimed RM 35K from MKLand for 3 years delay for Flora Damansara. Pesky company want to pay 50-70% with excuses that the company not doing well and will close after few months. I went for full claim but PD cheques. Collected the entire 35K after 12 months. Fast forward 7 years later, they are still around!

Btw, I went to the housing tribunal to submit my case and won with 8% interest.

further reading here


Attached File(s)
 130419NST_WhenIsTheEffectiveDateofAnSPA.pdf ( 1.37mb ) Number of downloads: 705

This is my dilemma now, if I go to the tribunal the max claim is 50K and if I go court using lawyer after subtracting the services fee requested it will be about 50K that i receive also unless I can claim the the engagement cost as damages.