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.

Based on your own calculation, how much LAD should developer pay you?

about 75K

Ok. Now, what is your actual loss due to this lateness? Actual loss means, the total monthly installment you paid to the bank during the this delay (where you had to pay without able to stay in the house). Did you check with any lawyer on the fees and how long this process will take? Calculate all this.

If you are going to tribunal, max 3 visits and the judge will grant you the LAD amount. So if you think 50k is a reasonable amont, you can consider proceed with Tribunal. My LAD claim process took just 45 days in total (Submission to payment cheque cleared by bank)

Installment to the bank would be around 30K for for the delay. Does this mean I can add the actual loss + lawyer fee to the amount I am trying to claim ?

No, I meant the actual loss vs LAD claim. To find a balance

why need three days? suppose one day submission and another day for hearing? correct me if I'm wrong. so did you claim from spa date or booking date? what kind of proofs that we need to submit and show to the judge? medium of communication is english or malay?

i fighting for it now

anyone knows how long does it take for procedure of submitting borang 1? Thinking about submitting it during lunch break instead of taking leave

you also need to be there in person when the hearing date is fixed.

Yes. I know. Im asking about the first submission

trust me, it take a while to do ur submission. i just finished the hearing and win the case. somehow i cant claimed that VP date due to the judge said it only 6 days different.

for the hearing, i dont think u can go for just few hours...

Strongly recommend u take a day leave due to i attend the morning session around 9am and then it can drag till 4pm only completed to get the Award eventhought u r the first ,

u also need to wait for them cases all clear then only they will start filling the conclusion of the pieace of paper to given to you.

ok. thanks a lot

Hi, do we need to personally deliver a copy of stamped Borang 1 by Tribunal to the developer address or I can post it using postlaju?

Thanks for your assistance.

would be good u post it to developer directly else post laju will take ages even though it is local ....... post laju is already pos lambat... no more laju..... i took 1 week plus to deliver my borang 1....

borang 1 delivered n acknowledge by Developer and tribunal will ask developer side to deliver something to u and u need to fill up again and pay another rm10 , which mean total u need to pay rm 20. anyhow, u need to pass the document of borang 1 with acknoledge by bank and follow by the borang 3 if not mistaken .

hope it helps.

Hi jacky, need you advise what was the date you used to file against dev? My SPA date vs my signing date vs booking date is huge different. Different by 2 months.

2 month then good la.. once u success belanja eat good one for me.

but to make ur thing smooth u can must ensure the 2 item:

1) Ensure you give book fees with cash during the booking date.
2) Ensure you are not alone which mean you are not the only one to fight in Tribunal.
I saying this becoz the Tribunal is only the first stage. if you are lucky then the tribunal is the final stage.

My advise to you is , always get more people or other tenants/Purchasers to claim the LAD in group. Then it is simple different story if the developer bring to hight court then you have sufficient fund to find the developer. if you no confident the developer to bring to hight court then pm me.. i intro lawyer to you , sure can win in hight court, provided you have number of members purchasers / owners with you so that on the lawyers fees also cheap for all of u.

I claimed that LAD i was alone .. .so i being unlucky one ....

Good luck.

Thank you jacky. I have official statement saying i paid 10k booking fee + developer's lawyer letter stating i have executed my SNP on 30 June.

I would like to know, did you claim base on the date on booking form? instead of SNP date. Because my cause, amount differ by 16k base on booking date.

Thank you again.

Claim. From booking form date. As long as the payment forms part of the 10 Percent deposit of the spa.

Thank you @gladfly. The payment was indeed part of the 10% deposit of SPA.

booking date or payment date you decide... as long as it is logic..

for me , it claimed base on booking date , you want claimed as payment date also can.. coz sometime u pay earlier but filled up the form later.. see how is ur argument.

This post has been edited by jacky1678: Jan 14 2019, 11:43 PM

Thank you Jacky

thanks me need treat me good meal

no problem

Hi, how about if the booking fee was paid using credit card or cheque?

only cash. sorry man

Do you mind sharing why must be cash?

Cheque is acceptable, providing you still keep a copy of the cheque book or booking form that had the cheque numbering info.

Or you could request account of statement from developer that has the amount of a booking fee recorded. It's the statement where they receive the loan release from your financier bank.

If paid by credit card and based on the statement of account, the date of booking fee recorded was later than the booking fee form date, does it mean have to take the later date?

Yes unfortunately. However you can still try to request credit card statement to show the date transaction. See whichever date recorded is earlier.

anyone has experience to deal with developer who do not honor the award from KPKT?

Hi guys..first time home buyer here..I'm in a situation and need some advice from experts here..here's the timeline

11th November 2015 :	Signed Sales & Purchase Agreement
11th November 2018 :	Actual Vacant Possession Date. No Vacant Possession Letter from Developer.
23rd January 2019 :	Developer issues Vacant Possession letter.
19th February 2019 :	Bank releases 100% Payment to developer.
2nd/7th March 2019 :	Vacant Possession posted (date on envelope stamping), non-registered mail.
8th March 2019 :	Vacant Possession received at mailing address
11th March 2019 :	Visit developer’s office to pay Service Charge, TNB and SYABAS Deposits. Parcel inspection date set to 23rd March 2019, 9am.

Developer says LAD is up to 23rd January 2019 as per VP letter and not based on the day they sent out the VP letter (2nd/7th March 2019 - number not so clear between 2 or 7)

They asked me to write in..and even so that's not guaranteed to get LAD up to the date the letter sent out

Which project is this? Is this a schedule H development? If yes you can bring to tribunal.

What's schedule H ya? Sorry

look at your SPA, on second page....top part......it will say what schedule your purchase is.

honestly two or three months delay, how much LAD you will get?

you can even claim from booking date instead of spa date if you bring your case to tribunal.

i paid 3k deposit 13/9/2014

balance deposit i paid during sign of spa 7/1/2015

48 months for VP, now already late

by right i could claim LAD start from 13/9/2014, betul??

not from 2014 la...

14/09/2018 count from here la... this is first day till current date lo...so u fking rich ..

belanja eat now

This post has been edited by jacky1678: Mar 15 2019, 02:30 AM

bahahaha

ok my bad

2018 it is

still waiting for VP i dont even know if the developer able to pay

Heya..sorry for the late response, yes it is a Schedule H development

Yeah I've heard about claiming from booking date..but there's abit of mixed info that I'm getting..lemme update the chronology of my situation a little bit

4th July 2015 :	RM 5000.00 (first part of RM 13,924.40 downpayment) paid to book. Receipt states "Booking of Unit xxx"
11th November 2015 :	Signed Sales & Purchase Agreement
12th December 2015 :	RM 8924.40 (second part of RM 13,924.40 downpayment) paid
11th November 2018 :	Actual Vacant Possession Date. No Vacant Possession Letter from Developer.
23rd January 2019 :	Developer issues Vacant Possession letter.
19th February 2019 :	Bank releases 100% Payment to developer.
2nd/7th March 2019 :	Vacant Possession posted (date on envelope stamping), non-registered mail.
8th March 2019 :	Vacant Possession received at mailing address
11th March 2019 :	Visit developer’s office to pay Service Charge, TNB and SYABAS Deposits. Parcel inspection date set to 23rd March 2019, 9am.

So I should claim from 4th July or my SPA date of 11th November?

Thanks a bunch!

19.04.2013 When Is The Effective Date of an SPA - SPK Homes


Attached File(s)
 130419NST_WhenIsTheEffectiveDateofAnSPA.pdf ( 1.37mb ) Number of downloads: 81

Yeah I saw this when I was researching online.

But when I called Tribunal, they say since I paid the first part of the deposit..therefor my first payment date is not valid..have to be based on SPA date..

it still depends on how the tribunal president rule it. no point relying on their officer's information.

Ah okay..thanks!

Yoi need to fully pay the 1st 10% to be considered as purchase the property and therefore the date thereon.

The only time the date started from booking fee is when the developer will cover the rest of money for the 1st 10% deposit.

If you paid the full 10% earlier than spa date, the former shall prevail. Make sure you have official receipt.

Of course there will be different opinions here on the effective date to claim LAD.

i never did cases for an award from KPKT but i had enforced a judgment against developer before which is basically the same process as any court judgment. so long as the developer as still operating its easy to enforce the order.

but there are cases where the developer just prolonged the matter.

Thanks. Can you please advise what is the best way to enforce the judgement?

Submission the report 1 to KPKT needs to take how long time? A full day time?

This property I just paid booking fee and get the rest... 10% DP is actually after discount/rebate given.

Hi bro...
I don't understand this [LAD up to 14 days + VP date]
For example my VP date given by the developer is 24/6/2019
But VP letter notice posted to my home mailbox is 24/5/2019
Which date shall I choose?

The compensation should be calculated from S&P date rite?

Journey to deny the EOTs via the courts:

AT the stroke of a pen, monies payable to a group of aggrieved house buyers are taken away by the Controller of Housing.
We are talking about a group of house buyers who had suffered losses due to a delay in completion of their homes by their developer and the very ministry that is supposed to protect them “signed away” their rights and remedies. We are talking about such rights and remedies being taken away from them for the benefit of the very culprit developer who caused them the loss and suffering.
What is happening to the Housing Ministry? The ministry many an aggrieved house buyer turns to in times of developer defiance of the law, the ministry house buyers rely on for protection and for all the desperately needed interventions and assistance when a housing project is delayed or abandoned? Does the Housing Controller know the ramification and repercussion of his action and inaction?
Under the terms of the sale and purchase agreement (SPA) between a housing developer and the house buyer, the developer has to complete and hand over the house within 24 months (for landed properties) or 36 months (for stratified properties). If the developer fails to deliver within this period, it has to compensate the house buyer by paying liquidated damages (LAD) of 10% per annum on the purchase price for late delivery.

Extension of time (EOT)
What does it mean when an “extension of time” (EOT) for delivery of vacant possession is given by the Housing Controller?
Effectively it means breaking the developer’s contract and delay in completing construction is excused and the house buyers cannot claim compensation for late delivery. Rights and protection given by Parliament are extinguished by the Housing Controller with a stroke of his pen: that is what it means. The developer who committed the breach stands to benefit hundreds of thousands or even millions of ringgit at the pain and suffering of the purchasers, thatis what it means.
I had, on numerous occasions, highlighted the issues to the Housing Ministry and have even in 2015 published articles in the media about such unjust unilateral granting of EOTs to developers at the detriment of house buyers but it seems to have fallen on deaf ears.
Housing Development Regulation 11(3) has to be quashed
What is the section of the law that was invoked against house buyers? Regulation 11(3) of the Housing Development (Control & Licensing) Regulations 1989 (HDReg) reads:
“Where the Controller is satisfied that owing to special circumstances or hardship or necessity, compliance with any of the provisions in the contract of sale is impracticable or unnecessary, he may, by a certificate in writing waive or modify such provisions: Provided that no such waiver or modification shall be approved if such application is made after the expiry of the time stipulated for the handing over of vacant possession under the contract of sale or after the validity of any extension of time, if any, granted by the Controller.”
Hence, only the Housing Controller has the power to waive or modify the provisions of the SPA. So what is wrong with the Housing Controller giving an extension of time? Is he not entitled to exercise his power under this HDReg 11(3)? Has “granting of extension” been exercised in a just manner? Were the affected buyers accorded the “rights to be heard” since it affected them?
No reasonable minded person, let alone the Housing Minister and those under his charge, can possibly imagine that the powers given under HDReg 11(3) are meant to be used against house buyers let alone blatantly and unilaterally take away rights which are expressly given to them by Parliament, rights which are expressly stated to be for their protection and created to serve and protect public interest.
If discretionary powers are not exercised with prudence, perhaps it is time for these powers to be removed or the minister replaced.

Seeking legal remedies
Alas, the National House Buyers Association (HBA) had to embark on a journey to attempt to nullify the EOT through the Court of Law. Our volunteer lawyers, working on a pro bono (free legal fees) basis took up the challenge on a public interest litigation. The class action was commenced by 71 aggrieved buyers in challenging the grant of the EOT by the Controller of Housing which has denied, against unit owners, the rights for entitlement of compensation in lieu of the one-year delay in delivery of vacant possession of the buyers units. Another group of 36 owners, represented by another of HBA’s friendly law firm, also had their case heard on the same date. The common target was on the issue of EOTs.
Below is the sequence of events leading to the Federal Court’s landmark decision:
Kuala Lumpur High Court, 9.8.2016: HBA volunteer lawyers have successfully obtained leave from the Appellate & Special Powers Division of the High Court to pursue with the application for Judicial Review against the decision of the Minister of Urban Wellbeing, Housing & Local Government and the Controller of Housing in a condominium project developed by BHL Construction Sdn Bhd.

Kuala Lumpur High Court, 27.2.2017: The High Court case was heard and written submissions made before Justice Datuk Hanipah Farikullah and decision ruled that the Minister acted ultra vires his power under HDA and HDR 11(3). She granted the applicants (104 affected house buyers) an Order of Certiorari to quash the decision of the Minister of Urban Wellbeing and Housing pertaining to its letter dated 17.11.2015 to amend the time period for vacant possession from 36 to 48 months in respect of the Sale & Purchase Agreement between BHL Construction Sdn Bhd in the Sri Istana condo, Jalan Kuchai Lama, Kuala Lumpur. The granting of the EOT to the defaulting developer makes a mockery and defeats the intent and object of the Housing Act which is “for the protection of house buyers”. It was a landmark decision.

Putrajaya Court of Appeal, 31.3.2018: The Court of Appeal case was heard and the appeal was allowed in part held as follows:
a) That Regulation 11(3) is not ultra vires the Act:
b) That the letter dated 17.11.2015 purportedly allowing the EOT was null and void;
c) That the decision made by the minister is null and void as the purchasers were denied their rights to be heard.

Putrajaya Federal Court, 10.10.2018: The Federal Court granted leave (to appeal) to the purchasers and the developer on the following questions of law:
Purchasers’ Questions of Law
1.
Whether the Housing Controller has the power to waive or modify any provision in the Schedule
H Contract of Sale as
prescribed by the minister
under the Housing Development
(Control & Licensing)
Act, 1966 (HDA)?
2. Whether Section 24 of
the HDA confers power
on the minister to make
regulations for the purpose
of delegating the power
to waive or modify the
Schedule H Contract of Sale
to the Housing Controller?
3. Whether regulations 11(3) of
the HDReg is ultra vires the
HDA ?

Developer’s Questions of Law
4. Whether the minister could
delegate his duties (signing
of the letter granting the extension
of time) to an officer
in the then Urban Wellbeing,
Housing and Local Government
Ministry; and
5. Whether the minister is
obliged to afford the purchasers
with a hearing prior
to the minister granting the
EOT, albeit there is no such
provision or requirement
in the HD Act or the HD
Regulations.
Putrajaya Federal Court,
14.5.2019: Having heard arguments
and written submission
from lawyers for the purchasers,
developers and the attorney
general chambers, the Apex
Court reserved judgment. Chief
Justice Tengku Maimum Tuan
Mat, who led a 5-member panel
reserved its decision to an unspecified
date.

Putrajaya Federal Court,
26.11.2019: The Federal Court
ruled that the Controller of
Housing does not have the power
to grant extension of time (EOT)
to housing developers. This
means that, without the EOT,
developers will have to deliver
vacant possession within the
prescribed statutory period of
36 months failing which they
will have to compensate house
buyers LAD that is equivalent to
10% per annum of the purchase
price.
The Federal Court’s decision
was delivered by Chief Justice
Tan Sri Tengku Maimum Tuan
Mat leading a panel consisting
of Chief Justice of Malaya Tan
Sri Azhar Mohamed, and Federal
Court judges Tan Sri Idrus Harun
and Datuk Nalini Pathmanathan.
In their conclusion, the Federal
Court judges unanimously
answered the questions posed
as follows:
Purchasers’ Questions 1 and
2 – Negative;
Purchasers’ Question 3 – Affirmative;
Developer’s Questions 4 and
5 – no necessity to answer.
The landmark decision has
been extensively reported in the
news media and online portals
even in FocusM issue of Nov
30-Dec 6, 2019 entitled: Federal
Court verdict on EOT a welcome
relief for home buyers. The written
court judgment of the Federal
Court is now available in all the
law journals for all to understand
our judges’ rationale in upholding
the primacy of house buyers’
interest under the law.

This post has been edited by malaysiathegreat: Dec 27 2019, 03:15 PM

Developer: BHL Construction Sdn Bhd.

Development: Palace Court Condo @ Kuchai Lama (Sri Istana)

Issue: Housing Ministry granted Developer the EOT from 36months as stated in the SPA to 48 months to avoid Developer from being paid the LAD to buyers.

Delay: 12 months from original date of VP.

Solutions: Matters has been fight and brought from High Court to Appeal Court and ultimately to Federal Court. Final decision made in favors to buyers whereby Developer has to pay the LAD to buyers.

Lesson Learnt: This can be acted as good law reference in any future dispute case.





This post has been edited by malaysiathegreat: Dec 27 2019, 03:17 PM

Hi All,

Do LAD applies to subsales houses? Thanks.

subsales already completed claim what lad

Yes, true that the unit is completed. however, due to the process, i am only manage to get the unit after more than a year after signing the SPA.
so, i am wondering if this clause actually implies to this kind of situation or not.

Claiming lad from owner of house 😵

N/A

can intro a LAD lawyer for me . Thanks in advance.

I paid with bankdraft, and have Lawyer receipt acknowledge received booking fee. OK?

Hi Sifu,

If claim LAD from developer after obtained VP letter, around how long we can win court case thru hire lawyer, and get full LAD?
How much lawyer will charges?

Thanks in advance if you got tips/tricks to share with me.

Start the nego with developer and see their 'offer'. If the sum is reasonable (likely wont be exact full amount), then accept and close case. Better if you can gather all owners.

Dont forget you still have DLC claim.

Your claim is because of delay due to mco and how much is the amount ?

Court cases normally take some years to finally settle and that also whether the developer has the money to pay then.

not so fast.. seems like there a new development on this...

https://www.edgeprop.my/content/1901860/cou...cant-possession

Thanks for info,

My project developer is SPNB, and delayed over 11 years.
LAD claim amount is over 140k but their lawyer only willing pay 30-50%

Some of other blocks already received 50k thru TTPR.
But I'm more likely will hire group lawyer to fight for us.

Took some years is sound very nightmares 😅😅😅

140k is quite a sum and 11 years is a long wait. You consider lucky that you still get your property. Some other buyers still at 'skeleton' stage.

Court cases are always like that. The claimants are make to 'wait' so that it can be settled out of court.

Indeed, I'm consider lucky can get house and LAD, but also paid a lot time, efforts to fights for our homes.

Anyone know any good lawyers who can help with LAD case?

Hi sifu,

Can I sell my apartment after collect keys, while claim LAD from SPNB with own lawyer?

Sorry for hijacking, would like to ask if it is legal for developer to claim inclement weather as cause to waive off LAD? What are the odds of it being overruled if bring it to Housing Tribunals?
The project has been delayed for 3 years with 2 years EOT due to MCO. And now the dev wanna claim 60% of the remaining LAD off due to weather.
Thanks.

Which project is this? Case settled?

This post has been edited by dak1: Nov 25 2024, 09:40 PM