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 Developer refuse to pay full LAD but 10% only, 6 figure LAD. What should I do?

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TSGabanGadget
post May 3 2018, 05:56 PM, updated 7y ago

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Continuity from here https://forum.lowyat.net/index.php?showtopic=4482306&hl=


So just now I went to developer office and they gave me letter to sign.

Attached Image

Of course I dont wanna sign. My snp dated july 2013. Now almost 3 years delay. Pruchase price is RM666,667

Tribunal only accept case worth RM50k n below only. So for my case what should I do 1st? VP expexted to be handover by this june. If hire lawyer whats the cost and winning rate?

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matrix88
post May 3 2018, 05:59 PM

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dont sign the letter, else you will lose your legal entitlement
wongsinyee
post May 3 2018, 06:17 PM

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don't sign. hire lawyer more worth it. for 6 digit claim, more worth it to fight it out.

developer just trying luck to trick people to sign it
gks
post May 3 2018, 06:32 PM

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If u have time and do not need the house first, group up the same owners and engage lawyer to fight for you all in court.

Be prepared for 6 figures legal cost though
TSGabanGadget
post May 4 2018, 01:16 AM

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Someone has advice me just go the court way. High chance to win. Developer dont pay the director can go to jail.
nexona88
post May 4 2018, 08:13 AM

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Like all said..
Don't sign...

Take legal action.. But u needed to group others too.. Because cost involved is high.. Seriously it worth because u have case.. And developer is wrong...
tikusniaga
post May 4 2018, 08:44 AM

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Gather those have case like yours, get a good lawyer and claim the damages. You will win because it is all written.
Xaser_3
post May 4 2018, 08:51 AM

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Lawyer up, go for litigation, win and profit. Sure outright win case as all is stated clearly in your S&P agreement. Good luck and all the best.
mrpokealot
post May 4 2018, 09:03 AM

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Signing it wont really matter la, since HDA Schedule H is statuatory any and all other agreements are basically "contracting out" in other words illegal. Get a lawyer, get all the other owners to file together.
aspartame
post May 4 2018, 09:21 AM

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Sue developer? Developer has money to compensate 6 digits compensation to everyone? What if lawsuit forces company into liquidation? Can buyers still get their VPs and wait for xompensation? If can, go ahead...
JJ Sword
post May 4 2018, 10:37 AM

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I was just looking around the forum for related cases, who knows you might get some idea on what to expect:
https://forum.lowyat.net/topic/3532661/all
Ckmwpy0370
post May 4 2018, 11:06 AM

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QUOTE(GabanGadget @ May 3 2018, 05:56 PM)
Continuity from here https://forum.lowyat.net/index.php?showtopic=4482306&hl=
So just now I went to developer office and they gave me letter to sign.

Attached Image

Of course I dont wanna sign. My snp dated july 2013. Now almost 3 years delay.  Pruchase price is RM666,667

Tribunal only accept case worth RM50k n below only.  So for my case what should I do 1st?  VP expexted to be handover by this june.  If hire lawyer whats the cost and winning rate?

icon_question.gif
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what kind of developer, never heard this developer.
iambloodymuch
post May 4 2018, 11:19 AM

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sign snp july 2013. so 24 months is july 2015

dem 3 years late sure fed up wait

pay full loan monthly for 2 years but still cannot move in new house

better ask for the 170k
TSGabanGadget
post May 4 2018, 12:06 PM

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QUOTE(aspartame @ May 4 2018, 09:21 AM)
Sue developer? Developer has money to compensate 6 digits compensation to everyone? What if lawsuit forces company into liquidation? Can buyers still get their VPs and wait for xompensation? If can, go ahead...
*
House almost completed everything finish except the house need to be clean. Now they wait for CCC and the authority delaying it. Expecting to get VP by june or july worst case. so basically my LAD reaching 200k. the same size house in the same area they developed back in 2008 sold for less than 300k only. so for 660k their margin easily 100%.
TSGabanGadget
post May 4 2018, 12:07 PM

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QUOTE(Ckmwpy0370 @ May 4 2018, 11:06 AM)
what kind of developer, never heard this developer.
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lebar daun only popular in shah alam.
TSGabanGadget
post May 4 2018, 12:09 PM

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QUOTE(iambloodymuch @ May 4 2018, 11:19 AM)
sign snp july 2013. so 24 months is july 2015

dem 3 years late sure fed up wait

pay full loan monthly for 2 years but still cannot move in new house

better ask for the 170k
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yes and that is the minimum amount. i wanna go for 200k
wongsinyee
post May 4 2018, 05:54 PM

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QUOTE(aspartame @ May 4 2018, 09:21 AM)
Sue developer? Developer has money to compensate 6 digits compensation to everyone? What if lawsuit forces company into liquidation? Can buyers still get their VPs and wait for xompensation? If can, go ahead...
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the money the developer use to compensate basically comes from the buyer's financier. hence, the developer either have to accept getting less profit or make a loss from the project. besides, there are people that might willingly accept 10% of the LAD payment offered by developer.

if the lawsuit forces company into liquidation, it's too bad for them. they should not be in business if they can't fulfill the terms and conditions of the contract they signed up for.
wongsinyee
post May 4 2018, 05:57 PM

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QUOTE(GabanGadget @ May 4 2018, 12:09 PM)
yes and that is the minimum amount. i wanna go for 200k
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do keep us up to date. especially if it goes to court. keen to know how much is the legal cost and time taken
McFD2R
post May 4 2018, 06:03 PM

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QUOTE(wongsinyee @ May 4 2018, 05:54 PM)
if the lawsuit forces company into liquidation, it's too bad for them.
You forgot to mention, if yhey go into liquidation, too bad for those who were initially offered 10% but did not take it up. Whilst I agree that the LAD sum is huge and worth fighting for, please know that there are risk as well. You may get 10%, full LAD due or none at all.

As mentioned by others, please gather as many aggrieved party to strengthen the voice and the case.

Good luck to TS.
aspartame
post May 4 2018, 06:17 PM

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QUOTE(wongsinyee @ May 4 2018, 05:54 PM)
the money the developer use to compensate basically comes from the buyer's financier. hence, the developer either have to accept getting less profit or make a loss from the project. besides, there are people that might willingly accept 10% of the LAD payment offered by developer.

if the lawsuit forces company into liquidation, it's too bad for them. they should not be in business if they can't fulfill the terms and conditions of the contract they signed up for.
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What do u mean by compensation money comes from buyers financier? Doesn't make sense.

Before suing, better check whether company got money or not. No money inside sue for what? Directors won't fork out own money to compensate

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