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TSAdrian1981
post Mar 26 2018, 11:03 AM, updated 7y ago

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Hi all,

I purchased and signed the S&P for my newly bought property in August 2016 ..
However, the SNP cover page has been altered by the lawyer, and the S&P date is in Feb 2017 (that's 6 months difference from the date I signed the property) ..

I called the lawyer this morning, they told me that they got the instruction to do that from the developer ...

Are they allow to do that ? What action can I take ?

Thanks for your advise ..



hhho
post Mar 26 2018, 11:22 AM

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Ask for black and white before any action.

wow1wow2
post Mar 26 2018, 11:28 AM

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from my experience this is one of the notorious practice by developer or even their sale staff to hit their sales target or keep their quota. Which developer? File in a complaint against them to the tribunal.
TSAdrian1981
post Mar 26 2018, 11:28 AM

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QUOTE(hhho @ Mar 26 2018, 11:22 AM)
Ask for black and white before any action.
*
what sort of black and white ?
Also, is it normal or they can't just change the S&P front page after i signed it ?

Thanks
wow1wow2
post Mar 26 2018, 11:32 AM

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you just received your spa today? why did you brought this up after nearly a year.
TSAdrian1981
post Mar 26 2018, 11:41 AM

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QUOTE(wow1wow2 @ Mar 26 2018, 11:32 AM)
you just received your spa today? why did you brought this up after nearly a year.
*
I got the SNP last year .. but only realise it yesterday after my friend informed me that !!
wow1wow2
post Mar 26 2018, 12:22 PM

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QUOTE(Adrian1981 @ Mar 26 2018, 11:41 AM)
I got the SNP last year .. but only realise it yesterday after my friend informed me that !!
*
did your friend purchase the property with you? if yes did they change date of his spa or just you?
What is the purpose of the developer changing the date? this doesnt favour u as you will lost 6 months of LAD in case of late vp.
your best of choice is to write in to the spa lawyer, at least get get to confirm that they changed the spa date so next time u go tribunal got something to back u up
hanhanhan
post Mar 26 2018, 12:29 PM

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assuming that it's a Schedule H SPA (residential under construction), did you sign the SPA and pay the 10% deposit back in august?

if yes then they are supposed to date the SPA in August.

send a letter/email to the developer's admin dept to enquire on the SPA date change.

Anyhow if their reply is unsatisfactory, according to common law the time period to deliver the keys is X years from date of payment of booking fee (not SPA date) so you can rely on that if they're late in delivering vacant possession.


mini orchard
post Mar 26 2018, 06:33 PM

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Any changes to an agreement must be counter signed by both the party. Did you do that?

In my opinion, the agreement was NEVER dated when you signed. It will only be dated when the developer / seller signs it. There is a reason for it.

If you look at the agreement, the date is either handwritten or rubber stamped.

FREE SPA? I will guess so.

This post has been edited by mini orchard: Mar 26 2018, 09:39 PM
TSAdrian1981
post Mar 27 2018, 10:04 AM

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QUOTE(mini orchard @ Mar 26 2018, 06:33 PM)
Any changes to an agreement must be counter signed by both the party. Did you do that?

In my opinion, the agreement was NEVER dated when you signed. It will only be dated when the developer / seller signs it. There is a reason for it.

If you look at the agreement, the date is either handwritten or rubber stamped.

FREE SPA? I will guess so.
*
To be honest, i don't quite remember if the agreement was dated when i signed ..
yes, it's FREE SPA sad.gif
mini orchard
post Mar 27 2018, 10:52 AM

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QUOTE(Adrian1981 @ Mar 27 2018, 10:04 AM)
To be honest, i don't quite remember if the agreement was dated when i signed ..
yes, it's FREE SPA sad.gif
*
Since you are not sure, to say the developer changed the date is not right. Changing date and not dated earlier are two different things.

Normally, the SPA is dated within a month from signing by both party.

With free SPA, the lawyer is appointed by the developer and so is the fees. The lawyer takes instruction from the developer. You are not the client. The lawyer will not answer your question and will refer you back to the developer.

What you can do ...

1. If you are satisfied with their explaination, then accept it.

2. Otherwise, seek another lawyer's advise and proceed from there.

Delivery for VP is the number of months stated in the agreement from SnP date and nothing else.



winner
post Mar 27 2018, 11:30 AM

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QUOTE(Adrian1981 @ Mar 26 2018, 11:03 AM)
Hi all,

I purchased and signed the S&P for my newly bought property in August 2016 ..
However, the SNP cover page has been altered by the lawyer, and the S&P date is in Feb 2017 (that's 6 months difference from the date I signed the property) ..

I called the lawyer this morning, they told me that they got the instruction to do that from the developer ...

Are they allow to do that ? What action can I take ?

Thanks for your advise ..
*
When did you pay the deposit? Did you receive a receipt for your deposit? If your scheme is zero downpayment and free legal where no payment receipt is recorded, then it is very difficult for you to raise the issue further.

If there is a receipt for the deposit and the property is regulated under HDA, you may lodge a complaint at the tribunal.
COOLPINK
post Mar 27 2018, 11:47 AM

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QUOTE(Adrian1981 @ Mar 27 2018, 10:04 AM)
To be honest, i don't quite remember if the agreement was dated when i signed ..
yes, it's FREE SPA sad.gif
*
keyword FREE SPA
you cant do anything as the lawyers is on the developers side.
hanhanhan
post Mar 27 2018, 12:42 PM

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under case law, the time starts to run from payment of booking fee and signing booking form (even if it's only 1%) - lembaman development sdn bhd v ooi lai yin

however practically if you wish to claim for LAD it's quite difficult as most developers will delay payment or counter offer far lesser to settle.
winner
post Mar 27 2018, 04:38 PM

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QUOTE(hanhanhan @ Mar 27 2018, 12:42 PM)
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under case law, the time starts to run from payment of booking fee and signing booking form (even if it's only 1%) - lembaman development sdn bhd v ooi lai yin

however practically if you wish to claim for LAD it's quite difficult as most developers will delay payment or counter offer far lesser to settle.
*
If it is a zero downpayment scheme, you don't even have a receipt and therefore it is very hard for you to argue that you signed the SPA earlier.
hanhanhan
post Mar 28 2018, 03:58 PM

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even if it's a zero downpayment scheme, practically i highly doubt there are any developers who don't collect at least a minimal booking fee (even rm1k will suffice as a booking fee) before letting the customer choose the unit/sign SPA.

that minimal booking fee receipt (and accordingly the booking form) is sufficient for you to prove your booking date.

if developers don't collect any money for 'zero downpayment scheme' then anyone can just walk in and buy a unit cos no need for out any money, sign & stamp SPA then if the buyer cannot get loan, they just cancel the SPA without any financial repercussion.
TSAdrian1981
post Mar 28 2018, 11:22 PM

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It's not a zero downpayment scheme .. i have the receipt with me
e-lite
post Apr 13 2018, 06:01 PM

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Very unethical practice of the Developer. Should name the Developer out here

Your only grounds of challenge will be the first 10% deposit which is paid upon the execution of the SPA. Sometimes the project don't have APDL so also cannot date the SPA before that. If you feel like your project is in jeopardy of LAD, you should start legal action against the Developer and start saving the proof of signing and date of appointment where you and the Lawyer did meet up and the date you signed your loan agreement. By the time the project is already delayed, it's usually too late already.

 

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