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 SPA date for under construction project

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TSroyalz
post Jan 2 2019, 02:26 PM, updated 7y ago

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Hi as per title, if I am signing an under-con project, how to protect my interest for LAD claims later? since stated in the SPA developer will have 48 months from SPA date and SPA date is current date. Should there be any sub-clause or supporting documents to protect my interest in case developer late delivery?

Thanks.
hanhanhan
post Jan 3 2019, 01:13 PM

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From: Kuala Lumpur


QUOTE(royalz @ Jan 2 2019, 02:26 PM)
Hi as per title, if I am signing an under-con project, how to protect my interest for LAD claims later? since stated in the SPA developer will have 48 months from SPA date and SPA date is current date. Should there be any sub-clause or supporting documents to protect my interest in case developer late delivery?

Thanks.
*
doubt there is cos it'll follow SPA date

this is the pro/con for buying under con property

if u buy early, then ur SPA date early = if developer handover after the time frame, u can claim LAD. however u pay alot of bank interest during under-con

if u buy late, u save on bank interest, but may not be able to claim LAD (as ur SPA will be current date).
TSroyalz
post Jan 3 2019, 04:10 PM

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QUOTE(hanhanhan @ Jan 3 2019, 01:13 PM)
doubt there is cos it'll follow SPA date

this is the pro/con for buying under con property

if u buy early, then ur SPA date early = if developer handover after the time frame, u can claim LAD. however u pay alot of bank interest during under-con

if u buy late, u save on bank interest, but may not be able to claim LAD (as ur SPA will be current date).
*
thanks. i guess you are right. thats the trade off. can only hope developer will finish up the project on time as they need to deliver to those early buyers as well..thanks for the info.cheers.
ulala2
post Jan 16 2019, 10:56 AM

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QUOTE(royalz @ Jan 2 2019, 02:26 PM)
Hi as per title, if I am signing an under-con project, how to protect my interest for LAD claims later? since stated in the SPA developer will have 48 months from SPA date and SPA date is current date. Should there be any sub-clause or supporting documents to protect my interest in case developer late delivery?

Thanks.
*
As i aware of there are some case something like this, c't remember that full case but almost like an example below:

1) Development launch on Jan 2017 with 24 months construction period, i.e. Jan 2019
2) Marketing brochure stated the targeted completion date is xx Jan 2019
3) U signed SPA year Jan 2018
4) Developer say the SPA period is from Jan 2018 + 24 months, which is Jan 2020
5) So if they deliver the parcel anything between Jan 2019 - Jan 2020 still within the allowable period.

Conditions:
a) You have a copy of that marketing brochure
b) the marketing staff did told u that tentatively the project will be complete on Jan 2019

Based on this, u can go to tribunal whereby
"at the point when u want to purchase the property, u knowing that the project is going to be completed on Jan 2019 and brochure said that."
As a result, ur completion date will be Jan 2019 instead of Jan 2020 (24 months from ur SPA date)

So, anything can be challenge, so pls keep all materials in regard to the property u purchased in case u need to file against developer.
TSroyalz
post Jan 16 2019, 12:42 PM

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QUOTE(ulala2 @ Jan 16 2019, 10:56 AM)
As i aware of there are some case something like this, c't remember that full case but almost like an example below:

1) Development launch on Jan 2017 with 24 months construction period, i.e. Jan 2019
2) Marketing brochure stated the targeted completion date is xx Jan 2019
3) U signed SPA year Jan 2018
4) Developer say the SPA period is from Jan 2018 + 24 months, which is Jan 2020
5) So if they deliver the parcel anything between Jan 2019 - Jan 2020 still within the allowable period.

Conditions:
a) You have a copy of that marketing brochure
b) the marketing staff did told u that tentatively the project will be complete on Jan 2019

Based on this, u can go to tribunal whereby
"at the point when u want to purchase the property, u knowing that the project is going to be completed on Jan 2019 and brochure said that."
As a result, ur completion date will be Jan 2019 instead of Jan 2020 (24 months from ur SPA date)

So, anything can be challenge, so pls keep all materials in regard to the property u purchased in case u need to file against developer.
*
thanks for the info smile.gif
flumx91
post Jun 14 2019, 04:18 PM

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QUOTE(ulala2 @ Jan 16 2019, 10:56 AM)
As i aware of there are some case something like this, c't remember that full case but almost like an example below:

1) Development launch on Jan 2017 with 24 months construction period, i.e. Jan 2019
2) Marketing brochure stated the targeted completion date is xx Jan 2019
3) U signed SPA year Jan 2018
4) Developer say the SPA period is from Jan 2018 + 24 months, which is Jan 2020
5) So if they deliver the parcel anything between Jan 2019 - Jan 2020 still within the allowable period.

Conditions:
a) You have a copy of that marketing brochure
b) the marketing staff did told u that tentatively the project will be complete on Jan 2019
[COLOR=red]

Based on this, u can go to tribunal whereby
"at the point when u want to purchase the property, u knowing that the project is going to be completed on Jan 2019 and brochure said that."
As a result, ur completion date will be Jan 2019 instead of Jan 2020 (24 months from ur SPA date)

So, anything can be challenge, so pls keep all materials in regard to the property u purchased in case u need to file against developer.
*
Really? I currently facing this, the brochure and the agent/marketing staff told me the house will complete April 2019. Now when I ask, I was told to refer SPA. Which will be March 2020.

As per conditions you listed here, I have the brochure and also I still have the WhatsApp chat that the agent told me the house will be completed on April 2019.
So as you said can be challenge, how and where should I go to?
ulala2
post Jun 17 2019, 11:04 AM

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QUOTE(flumx91 @ Jun 14 2019, 04:18 PM)
Really? I currently facing this, the brochure and the agent/marketing staff told me the house will complete April 2019. Now when I ask, I was told to refer SPA. Which will be March 2020.

As per conditions you listed here, I have the brochure and also I still have the WhatsApp chat that the agent told me the house will be completed on April 2019.
So as you said can be challenge, how and where should I go to?
*
With that, i believe u can file to tribunal, by showing ur brochure and whatsapp msg (printed out).
IF possible, get a lawyer/expect to assist u on the content of the filing.
flumx91
post Jun 17 2019, 05:12 PM

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QUOTE(ulala2 @ Jun 17 2019, 11:04 AM)
With that, i believe u can file to tribunal, by showing ur brochure and whatsapp msg (printed out).
IF possible, get a lawyer/expect to assist u on the content of the filing.
*
Alright thanks.
Will try to contact the tribunal first.

 

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