QUOTE(BEANCOUNTER @ May 25 2018, 01:32 PM)
if buyer is paying in trust with lawyer not directly into developers acc also illegal meh?
OR
developer only accept cheque but not bank in also illegal meh??????
lot of things in this world is not legal but it doesnt render them as illegal.
one of them is airbnb.
another one is discount and rebate given by developer. It this legal or illegal??????
Please don't compare KPKT law with Airbnb law. totally different ma. Like I explained earlier in other post,
there is the catch, without APDL, the cheque cannot write the developer's registered company name. Cheque must write to the so called developer"s proxy.
And There is another catch, did you read the new amendment Strata Title Act approved last year JULY?
even if buyer give money in Cheque/cash to developer's proxy such as lawyer or agent, THAT particular lawyer/agent cannot mentioned that this money is treated as booking fees/proforma sale for the project (without APDL) you are buying.
lawyer will definitely say this money collected is between you (buyer) and lawyer. you put your money into lawyer's account at your freewill. So if lawyer lari with your money, you cannot claim back from developer.
Beancounter, you can try ask the lawyer to check with this, till now many lawyers still do the 'OLD' way and didn't aware of this new amendment Strata Title act. I have a lawyer friend and he didn't even know until he double checked with PTG and KPKT.
sebab banyak orang tak tau this law, so banyak lawyer still safe la practise the wrong 'OLD' way, now new government, most of our MPs all got degree in law, sooner or later, these so called scams would be eventually find out and will be taken action against.
About discount and rebate given by developer is whole different matter,
if you look at APDL permit normally shown at below advertisement of the project whenever you read in newspaper or magazine or etc, the developer must mentioned the minimum and maximum price to be sold for a unit. So if developer give rebate or discount, as long as SPA price doesnt go beyond the maximum and below minimum, then the developer is ok.
BUT there is another catch, BANK. Bank DO NOT like developer give rebate or discount. Imagine you buy a 500k unit and bank approved 90 percent loan. SPA signed 500k but developer give you back 10 percent discount/rebates in the form of 'Credit Note'. Thus, you actually don't have to pay anything lo. Bank will cancel the LO legally if find out about this.
If you ask why still bank give LO to purchaser even when many developers offer 10 to 20 percents in the current market especially projects in OLD klang road, many banker officer tutup satu mata, developer sudah "settle" with the bank officer. Chairmain and board of top management of many tak tau ma, they look mostly on big amount such as corporate loans.
kena tangkap banker officer only kena pecat only ma, dont need to go to jail or to macc unless they are government servants lol.
Banker officer give LO pun dapat so called commission punya. Got this kind of syndicate for past many many years and many banks already find out and fire them but didn't posted on news. not good for corporate image and their stock price.
That's y Bank Negara Zeti last time found out the problem and give lots of restriction to bank to impose stricter conditions on these matters to purchasers.
Now you ask around see anyone can obtain LO so easily or not. but again, "when there is the will, there is the way" lol.
you see now many developer in OLD klang road want to give discount/rebates also not so obvious, you datang show room baru cakap verbally. Developers also clever not to post discount/rebates on any advertisement/borchures.
This post has been edited by leslauliu: May 25 2018, 04:51 PM