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 LAD Claim, Cost to engage legal representation

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dannychen
post Jan 1 2018, 10:17 PM

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further reading here


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Attached File  130419NST_WhenIsTheEffectiveDateofAnSPA.pdf ( 1.37mb ) Number of downloads: 705
dannychen
post Jan 6 2018, 09:54 PM

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QUOTE(roy_zu @ Jan 2 2018, 03:23 PM)
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)
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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?
dannychen
post Mar 13 2019, 10:14 PM

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QUOTE(madman20 @ Mar 11 2019, 05:30 PM)
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

icon_question.gif  icon_question.gif
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you can even claim from booking date instead of spa date if you bring your case to tribunal.
dannychen
post Mar 19 2019, 01:49 PM

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QUOTE(madman20 @ Mar 16 2019, 08:10 PM)
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!  notworthy.gif  notworthy.gif  notworthy.gif
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19.04.2013 When Is The Effective Date of an SPA - SPK Homes


Attached File(s)
Attached File  130419NST_WhenIsTheEffectiveDateofAnSPA.pdf ( 1.37mb ) Number of downloads: 81
dannychen
post Mar 19 2019, 05:38 PM

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QUOTE(madman20 @ Mar 19 2019, 04:08 PM)
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..
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it still depends on how the tribunal president rule it. no point relying on their officer's information.

 

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