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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.
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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...
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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
Ckmwpy0370
post May 4 2018, 08:36 PM

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QUOTE(aspartame @ May 4 2018, 06:17 PM)
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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TSGabanGadget
post May 4 2018, 10:09 PM

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QUOTE(McFD2R @ May 4 2018, 06:03 PM)
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.
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I dont mind not getting the 10%. What the heck 10%. Either pay full LAD amount or the company n directors go dai.
WannaGetBuffed
post May 4 2018, 11:44 PM

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If 200k I would also group up with other owner and fight. 10% is 20k only not even enough to pay for 2 years interest
anwarhull
post May 6 2018, 09:19 AM

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hi mr gaban..iam house buyer d demang equine park n expericed same isue like u.i pm u already.thanks
McFD2R
post May 7 2018, 09:08 AM

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QUOTE(GabanGadget @ May 4 2018, 10:09 PM)
I dont mind not getting the 10%.  What the heck 10%. Either pay full LAD amount or the company n directors go dai.
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Good for you. The intention of my comments are so that people are not given a false impression that there are no risk during the course of fighting for purchaser rights.

To some buyers, who has lots of commitment, they may take up the 10% as RM60,000 can make up many months of repayment installments. So, they cannot be blamed if they don't want to take the risk.

Buyers like you are fantastic. Know what's due, know what's right, know what needs to be done. Keep us updated.
acbc
post May 7 2018, 09:22 AM

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Last time I dragged MKland to Housing Tribunal and won RM 35K and they paid in 12 PD cheques. Many were given raw deal by the developer ranging from 30% to 70%. Some more dare to say the company is closing down in few months. Today, 2018 they are still around!

In your case, the LAD amount is approx RM 200K so worth fighting for it. Engage a lawyer and fight. Better do it a group to split up the cost. Ensure the lawyer knows how to fight against a developer as they too will have lawyers to counter back.

If win, the amount can be use to offset a renovation cost or bank loan.


TSGabanGadget
post May 7 2018, 10:42 AM

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QUOTE(acbc @ May 7 2018, 09:22 AM)
Last time I dragged MKland to Housing Tribunal and won RM 35K and they paid in 12 PD cheques. Many were given raw deal by the developer ranging from 30% to 70%. Some more dare to say the company is closing down in few months. Today, 2018 they are still around!

In your case, the LAD amount is approx RM 200K so worth fighting for it. Engage a lawyer and fight. Better do it a group to split up the cost. Ensure the lawyer knows how to fight against a developer as they too will have lawyers to counter back.

If win, the amount can be use to offset a renovation cost or bank loan.
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My lawyer alrdy do some background check. Lebar daun not gonna close down anytime soon. They have completed bukit bandaraya project. About 30% havent sold yet if lelong this 30% they have more than enuf to pay the lad. What chance they can win? Cos i never lapse my progress payment installment. Never kacau their office. Within this 3 years of delay I only went 3 times. Cant wait to get VP and bring them to court.
TSGabanGadget
post May 7 2018, 10:44 AM

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QUOTE(McFD2R @ May 7 2018, 09:08 AM)
Good for you. The intention of my comments are so that people are not given a false impression that there are no risk during the course of fighting for purchaser rights.

To some buyers, who has lots of commitment, they may take up the 10% as RM60,000 can make up many months of repayment installments. So, they cannot be blamed if they don't want to take the risk.

Buyers like you are fantastic. Know what's due, know what's right, know what needs to be done. Keep us updated.
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10% of lad amount not purchase price. I dont think there is even 1 buyer will agree with it.
e-lite
post May 7 2018, 10:46 AM

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QUOTE(GabanGadget @ May 7 2018, 10:42 AM)
My lawyer alrdy do some background check.  Lebar daun not gonna close down anytime soon.  They have completed bukit bandaraya project. About 30% havent sold yet if lelong this 30% they have more than enuf to pay the lad. What chance they can win?  Cos i never lapse my progress payment installment. Never kacau their office.  Within this 3 years of delay I only went 3 times.  Cant wait to get VP and bring them to court.
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Get together with your neighbors as well. It will help save lawyer fees. If the Developer want to play cheat further and don't want to give you the keys if you don't agree to their LAD, record the incident and sue them further for delaying the Vacant Possession.
xXTeslaXx
post Jul 25 2019, 04:08 PM

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QUOTE(GabanGadget @ May 7 2018, 10:44 AM)
10% of lad amount not purchase price. I dont think there is even 1 buyer will agree with it.
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any update?
AskarPerang
post Jul 25 2019, 04:16 PM

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seikoho1
post Jul 25 2019, 04:56 PM

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can easily sue for LAD in court, bring them up to sessions court. if you need legal advice, pm me, can ask my fren gv u good price
TSGabanGadget
post Jul 26 2019, 08:07 AM

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developer offering unsold house by joint contra buyer LAD. current selling price is 770k so developer will put few buyer in snp for 1 house. to get the cash need house need to be sold lah. all fee bourne by developer. I opted for this but some go legal.

This post has been edited by GabanGadget: Jul 26 2019, 08:38 AM
yunodie
post Jul 26 2019, 08:14 AM

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QUOTE(GabanGadget @ Jul 26 2019, 08:07 AM)
developer offering unsold by joint contra buyer LAD. current selling price is 770k so developer will put few buyer in snp for 1 house. to get the cash need house need to be sold lah. all fee bourne by developer. I opted for this but some go legal.
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good stuff. do update us here on the progress. interested to know the final outcome.
trust4you
post Jul 26 2019, 08:50 AM

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QUOTE(McFD2R @ May 4 2018, 06:03 PM)
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.
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Haha they most slightly just liquidate and ooen new company, sap sap water for them, just like the mark punya developer,

"fuk ur lad, fuk all of u all, i have my cash, I cabut, open another new company soon, xin fuk tang, daboba tea"
trust4you
post Jul 26 2019, 08:51 AM

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QUOTE(GabanGadget @ Jul 26 2019, 08:07 AM)
developer offering unsold house by joint contra buyer LAD. current selling price is 770k so developer will put few buyer in snp for 1 house. to get the cash need house need to be sold lah. all fee bourne by developer. I opted for this but some go legal.
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Joint name hard, in the end u all will quarrel amongst urself. Own family also can quarrel like cat and dog and pussy cat n dogma, what about joint name with other unknown buyer? Good luck
TSGabanGadget
post Jul 27 2019, 12:25 PM

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QUOTE(trust4you @ Jul 26 2019, 08:51 AM)
Joint name hard, in the end u all will quarrel amongst urself. Own family also can quarrel like cat and dog and pussy cat n dogma, what about joint name with other unknown buyer? Good luck
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atleast got something. worst thing to happen is sell at below market price to get buyer fast. 1 house joint 3 names. our LAD is 250k average. and basically we all have known each other around 2 years alrdy.
ctlim78
post Jul 27 2019, 02:49 PM

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QUOTE(GabanGadget @ Jul 27 2019, 12:25 PM)
atleast got something. worst thing to happen is sell at below market price to get buyer fast. 1 house joint 3 names. our LAD is 250k average. and basically we all have known each other around 2 years alrdy.
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At least got something fr developer first. then 3 owners belakang kira.. if go to court, more hassle and consuming time n money.
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post Jul 27 2019, 05:22 PM

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post Jul 27 2019, 05:58 PM

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QUOTE(dave1987 @ Jul 27 2019, 05:22 PM)
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post Jul 27 2019, 05:58 PM

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QUOTE(dave1987 @ Jul 27 2019, 05:22 PM)
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TSGabanGadget
post Jul 28 2019, 10:24 AM

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25 house owner x RM10k lawyer fee and ask around other lawyers that amount is reasonable 😅
wilson1stop
post Jun 22 2022, 03:08 PM

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Hi sifu,

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

 

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