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 Cancel S&P agreement due to the mistake in S&P?

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TSmacbookpro88
post Feb 13 2019, 11:09 AM, updated 7y ago

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Hi,

This is my first post here and hope the experience buyers can help me out.

I signed the S&P agreement (standard schedule G agreement) last year and found out recently that,

1) The size of the house were different from what I was promised by the sales agent(communication by Whatsapp).
2) There's no size specification in the S&P.
3) S&P has missing attachment, like layout plan, section plan and size specification in 1st schedule, 2nd schedule and 4th schedule.

Is there anyway I can cancel the S&P agreement and ask for the refund since there were some missing and error information in the S&P?
mini orchard
post Feb 13 2019, 11:23 AM

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QUOTE(macbookpro88 @ Feb 13 2019, 11:09 AM)
Hi,

This is my first post here and hope the experience buyers can help me out.

I signed the S&P agreement (standard schedule G agreement) last year and found out recently that,

1) The size of the house were different from what I was promised by the sales agent(communication by Whatsapp).
2) There's no size specification in the S&P.
3) S&P has missing attachment, like layout plan, section plan and size specification in 1st schedule, 2nd schedule and 4th schedule.

Is there anyway I can cancel the S&P agreement and ask for the refund since there were some missing and error information in the S&P?
*
I also have a question for you....

Why you signed when the agreement is not in order? Cannot brain.

TSmacbookpro88
post Feb 13 2019, 12:27 PM

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QUOTE(mini orchard @ Feb 13 2019, 11:23 AM)
I also have a question for you....

Why you signed when the agreement is not in order? Cannot brain.
*
Appreciate you took time to reply, but gosh the attitude. Hope you have a good day to cheer you up.
chamelion
post Feb 13 2019, 12:35 PM

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technically you cant because you have signed.
You can consult your lawyer and review the contract.

Mind you this may go into civil case already.
mini orchard
post Feb 13 2019, 12:37 PM

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QUOTE(macbookpro88 @ Feb 13 2019, 12:27 PM)
Appreciate you took time to reply, but gosh the attitude. Hope you have a good day to cheer you up.
*
Hope you can solve your problems too. Cheers.
hanhanhan
post Feb 13 2019, 01:00 PM

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QUOTE(macbookpro88 @ Feb 13 2019, 11:09 AM)
Hi,

This is my first post here and hope the experience buyers can help me out.

I signed the S&P agreement (standard schedule G agreement) last year and found out recently that,

1) The size of the house were different from what I was promised by the sales agent(communication by Whatsapp).
2) There's no size specification in the S&P.
3) S&P has missing attachment, like layout plan, section plan and size specification in 1st schedule, 2nd schedule and 4th schedule.

Is there anyway I can cancel the S&P agreement and ask for the refund since there were some missing and error information in the S&P?
*
a schedule G agreement must have size specification, layout plans, section plan etc.

if it's not in there, then the agreement is void.
TSmacbookpro88
post Feb 13 2019, 09:55 PM

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Thank you smile.gif
TSmacbookpro88
post Apr 25 2019, 05:16 PM

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Update.

S&P cancelled and lawyer admitted the mistake and all payment refunded(cash buyer), minus a small fees around 300myr for legal documentation.

This post has been edited by macbookpro88: Apr 25 2019, 05:17 PM
hanhanhan
post Apr 25 2019, 11:46 PM

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QUOTE(macbookpro88 @ Apr 25 2019, 05:16 PM)
Update.

S&P cancelled and lawyer admitted the mistake and all payment refunded(cash buyer), minus a small fees around 300myr for legal documentation.
*
if it's entirely the lawyer's mistake, it's not fair to charge you for anything.
ricadoe
post Apr 27 2019, 10:38 AM

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QUOTE(hanhanhan @ Apr 25 2019, 11:46 PM)
if it's entirely the lawyer's mistake, it's not fair to charge you for anything.
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agree
jimmyng
post Apr 27 2019, 12:33 PM

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QUOTE(hanhanhan @ Apr 25 2019, 11:46 PM)
if it's entirely the lawyer's mistake, it's not fair to charge you for anything.
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By right, u shud charge the lawyer
TSmacbookpro88
post Apr 28 2019, 02:19 AM

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I don't mind at all with the fees. I appointed my lawyer as well, they said that the developer by right has the right to charge me 10% as well because the main page, or the main contract was correct, only slightly mistake on the attachment. Talked to other lawyer firms too, all has the same advice.

Note that my lawyer roles never came into negotiations phase with them, I waited for the developer decision before proceed with my lawyer, but since the developer agreed to forfeited only tiny fees, so I move forward with their decision.

I'm quite happy though, I got back almost all of my payment.
dannychen
post Apr 28 2019, 01:13 PM

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如果公众发现律师楼的账单收费不合理/或对某律师的疏忽和失误或不当行为 (misconduct) 非常不满意,请问公众能采取什么行动呢?

答:根据1976年法律专业法令第99 (1) 条文,任何关于律师或实习律师行为的投诉,应以书面形式,并应首先提交给纪律委员会处理。

Section 99 Complaint against advocate and solicitor or pupil

(1) Any complaint concerning the conduct of any advocate and solicitor or of any pupil shall be in writing and shall in the first place be made or referred to the Disciplinary Board which shall deal with such complaint in accordance with such rules as may from time to time be made under this Part

因此,公众可以透过以下管道,向律师纪律委员会 (Advocates & Solicitors Disciplinary Board) 提出正式投诉:-

1. 电邮: secretariat@asdb.org.my
2. 电话号码:03- 2697 3333
3. 传真号码:03 2698 1111
4. 通讯地址:Unit 5.02, Level 5, Wisma Badan Peguam Malaysia (formerly known as Straits Trading Building), No. 2, Lebuh Pasar Besar, 50050 Kuala Lumpur

参考:
1. 1976年法律专业法令 (Legal Profession Act 1976)
http://www.agc.gov.my/agcportal/uploads/fi...gos%202018).pdf

2. 投诉程序以及相关表格 (Guidelines to Lodge a Complaint & Complaint Form)
http://www.asdb.org.my/usr/pagesub.aspx?pgid=9; http://www.asdb.org.my/data/cms/images/154...20complaint.pdf

3. 律师纪律委员会官方网页 (Advocates & Solicitors Disciplinary Board)
http://www.asdb.org.my/usr/page.aspx?pgid=2
hanhanhan
post May 3 2019, 08:18 AM

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QUOTE(macbookpro88 @ Apr 28 2019, 02:19 AM)
I don't mind at all with the fees. I appointed my lawyer as well, they said that the developer by right has the right to charge me 10% as well because the main page, or the main contract was correct, only slightly mistake on the attachment. Talked to other lawyer firms too, all has the same advice.

Note that my lawyer roles never came into negotiations phase with them, I waited for the developer decision before proceed with my lawyer, but since the developer agreed to forfeited only tiny fees, so I move forward with their decision.

I'm quite happy though, I got back almost all of my payment.
*
since you're quite happy with the outcome then i shall poison you no further biggrin.gif biggrin.gif
jenastan
post Mar 18 2021, 10:42 PM

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Sorry can I ask.

I recently faced such issue as well where as I bought a unit then later decided to upgrade to a bigger unit, I only paid booking fee. But now the previous unit lawyer send me an invoice of RM10k. Before I proceed to switch to bigger unit, I have double confirm with the SA only the additional cost and their reply is only RM1K, thats why I proceed with the booking for the new unit and had recently signed the new spa.

I was so shocked when I received this. Can you guys advise some approach to not pay this amount? Should I approach LHDN or Housing Ministry for some advice?

Please advise. Sorry all.

Appreciate it.

I consulted both the invoice lawyer and my new spa lawyer, both said need to pay that amount. Please help. Anyone that can help me?

Possible to do anyting to avoid the RM10K payment?

 

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