QUOTE(carlcashbox @ Jan 17 2019, 02:18 PM)
i have submitted the defect notice to developer twice. i got the acknowledge stamped on the notice and i got a copy of that. this is the proof that i have notified the developer to fix the defect but they didn't take any action. 1 year ++ already.
can justify?
i don't think so. even i use the developer's lawyer, the clause in the S&P still valid to me. lawyer is obliged to the clause according to the S&P. In the S&P, there is a clause saying purchaser can instruct lawyer to withhold final payment to developer if defect not fixed.
so what it is the developer's lawyer? no need to follow S&P already?
he is the lawyer to make the SnP for both purchaser and developer. i just merely want the lawyer to follow the clause in the SnP. not so complicated right?
If you really want to argue, which I think it's totally unnecessary for me to do here, you can go to Bar Council and lodge a complaint.can justify?
i don't think so. even i use the developer's lawyer, the clause in the S&P still valid to me. lawyer is obliged to the clause according to the S&P. In the S&P, there is a clause saying purchaser can instruct lawyer to withhold final payment to developer if defect not fixed.
so what it is the developer's lawyer? no need to follow S&P already?
he is the lawyer to make the SnP for both purchaser and developer. i just merely want the lawyer to follow the clause in the SnP. not so complicated right?
If you are right, Bar Council will take action against the said lawyer.
The lawyer is obliged to safeguard the interest of the developer, as the developer is the paymaster. You only pay the disbursements, not the legal fees of the SPA (Assuming you took free SPA & Loan from the developer).
The lawyer can't act for 2 person at the same time, so in this case, the lawyer's main goal would be to safeguard the Developer's interest > your interest.
If you have your own lawyer, you can of course enforce this clause as your lawyer is clearly working for you, instead of the developer.
I can't explain to you super precisely, but if you honestly think you have a case, head to Bar Council ASAP and just lodge that report.