i bought an apartment unit a few months ago and now it has come to stage of collecting key.

during the negotiation stage, the developer's agent has told me that i would be given some free items but now as the unit is ready, they now say the item wont be given but instead cash will be given.

the issue is the item value is more than the cash reimbursement so basically they giving me less money.. after endless communication, they still dont want to give me the exact amount .

who can i report this issue to? like any government body? thanks.

This post has been edited by djack: Oct 25 2019, 05:22 PM

got black and white, written agreement?

yes. in message and document

what documents? SPA agreement?

separate document than spa.. its like those booking form has this clauses

not sure if legally enforceable or not, constitute part of contract to entice you to buy the property. You can maybe ask lawyer or relevant authority.

personally, i think the chances is quite low, but, i might be wrong. good luck

worst case scenario, you just viral it, hopefully they will honour what promised

it has to be legal as its part of the contract. ok, thx

yes, many agent very unscrupulous and not ethical one, trying all sort of dirty trick to entice you to buy, and using all legal loopholes not to meet the promise or discourage buyer to pursue it.

too bad you bad luck meet such agent, hope you get back what you entitled.

I think the developer has gone back on their agreement to give those items, thus making the negotiator the kambing hitam.

No negotiators will promise to give something personally out of their pocket just to close sales. That doesnt make sense.

Having it in writing to confirm is actually the promise by the developer to buyers through their appointed agents.

Having said the above, your recourse now is either ...

1. Accept the cash although less in value as what you said. Why the cash is lower is because they buy in bulk. Buy price in the open market for 1 fridge is much higher than 500 fridges from manufacturer. So the compensation is their buying price.

2. Take the legal way and to include the developer as one of the defendant (Principal/Agent relationship). This route will be costly affair as the legal fees could be more than the cash offered. But you can always start with the tribunal first, which is less costly but I doubt their verdict is of any use.

I am not sure which other govt dept can assist in this.

You can say it is unfair, but then our world is never fair or is it actually unfair based on 1 above.

This post has been edited by mini orchard: Oct 26 2019, 08:55 AM

when doing the deals before signing s n p , they all nice people.. now once already paid, act like they dont give a shit about me..


i am losing out at least on rm 2000 for the items. i was acutally ok witj negotiating but the agent literally doesnt care about my opinion.

i think there is possiblity of complaining to the real estate agent board about the behaviour of these agents so that there will be record about them in the future.

@mini orchard, which tribunal is this?

You negotiate with agent, then he brings your request to the developer ? Go to meet the developer direct ... then you will know who is telling the truth...whether there was such an offer during the purchase ... and why didnt fulfill the promise. Did you cross check with other house buyers also?

If indeed the negotiator is using understand tactics to close sale, like you mentioned, you can always lodge a complaint with the Board of Valuers, Appraisers and Estate Agents located at Menara UOA, Bangsar.

Is the housing tribunal.

This post has been edited by mini orchard: Oct 26 2019, 12:47 PM

Yes the booking form forms part of the SPA. There is a binding contract between the buyer and the agent. Offer, acceptance, consideration ITCLR. Refer contract act 1950. The fact that you purchased the unit was due to the offer promised by the agent. Hence the law will not allow unscrupulous agent to renege on their promises. What u need to do was Just sue the agent and his/her agency. You do not need to include developer in Your suit. The agency will Make the developer as a Third party If indeed there was binding agreement between them on the offer being promised. A Classic Common straightforward case in court

the agent is supposedly en employee of the developer.. as a marketing person.

but yes, I will escalate this issue to the developer marketing team directly.

im not sure how to check with other house buyers. not yet part of any group.


thanks the tribunal link.

interesting point of view. in my case, the agent is part of the developer team, supposedly working with them.

thx.

When you mentioned 'agent', it is deemed to be an independent contractor and NEVER an employee.

An employee is under the payroll list of the developer whereas an agent is paid based on contractual project.

Just because the agent is sitting in the showroom of the developer doesnt make him an employee.

If you are planning to proceed the legal way, just keep in mind that once you start the race, you must be FIT to complete the marathon.