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> My SnP lawyer refuse to undertake instruction to, withhold final 2.5% stakeholder sum

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chiahau
post Jan 17 2019, 10:41 PM

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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?
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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.

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.
mini orchard
post Jan 18 2019, 12:08 AM

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Question.

Is the developer's lawyer allowed to instruct the purchaser's bank to release progressive payment if he is acting for the developer?

When two lawyers are involved, is it the purchaser's or developer's lawyer that give instruction to release progressive payment?
mrKFC
post Jan 18 2019, 06:18 AM

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When I sign my SnP with free lawyer included in the package, the lawyer clearly told me that they represent the developer.
RoyalGaston
post Jan 18 2019, 08:38 AM

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Now this is interesting. Is it safe to say we should refuse the free lawyer provided by developer with so so reputation only on a good project if we could afford own lawyer?
nexona88
post Jan 18 2019, 09:38 AM

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Needed to see the developers history too..
If their others projects have no issues.. We can safely said it okay, risk is minimal 🙏
BEANCOUNTER
post Jan 18 2019, 10:10 AM

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QUOTE(RoyalGaston @ Jan 18 2019, 08:38 AM)
Now this is interesting. Is it safe to say we should refuse the free lawyer provided by developer with so so reputation only on a good project if we could afford own lawyer?
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The problem is if you engage yr own lawyer, your lawyer will need to request so many docs from develoepr in order to prepare the spa .....and co-operation btw 2 parties are essential. Many times you will hear develoepr waitimg for info or yr lawyer is waiting for info ....hence halve the signing of spa....


Never ending.

My advise is just to engage yr own lawyer if problem arises like now....

Your lawyer will summon the developers lawyer for all docs and he can start acting on yr behalf ...

This post has been edited by BEANCOUNTER: Jan 18 2019, 10:11 AM
dkcheong1127
post Jan 18 2019, 10:24 AM

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in case you need the email and contact no for bar council...

Attached Image

last time my lawyer dragged me quite a long time to process SPA, end up developer charges me late interest....
then i wanted to claim back from my lawyer, wait quite a long time no news, directly tagged bar council while replying email to lawyer, straight away the lawyer called me and tomorrow got my reimbursement...

 

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