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 LAD issue with Developer

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TSzmxpro
post Jan 12 2020, 11:24 PM, updated 6y ago

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Hi All,

I really need some advice here...


In a chronological order of my home buying...

Paid 10% Deposit : Disember 2015
SNP stamped date : Jun 2016

VP actual posted : 18 Sep 2019 (by AR register)
VP dated (backdated) : 1 Aug 2019


Developer is doing some drama by giving LAD for calculated (August 2019-1 Aug 2019) only.



Did anyone come across with SNP is stamped after 6 month of date we paid 10% deposit and VP backdated by developer.
AskarPerang
post Jan 12 2020, 11:41 PM

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Fight and up to the judge to decide.

Buyer win case calculation of LAD start from booking date: http://ejudgment.kehakiman.gov.my/ks_built...a12a1d78774f772

Developer win case calculation of LAD follow S&P date: https://themalaysianlawyer.com/2019/08/29/c...date-agreement/
TSzmxpro
post Jan 12 2020, 11:52 PM

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Thanks...@askarpenang...but is there any law regarding maximum days developer can take to get the SNP stamped....if theres none they can took as long as they want
Mikeshashimi
post Jan 12 2020, 11:57 PM

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QUOTE(zmxpro @ Jan 12 2020, 11:52 PM)
Thanks...@askarpenang...but is there any law regarding maximum days developer can take to get the SNP stamped....if theres none they can took as long as they want
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If im not wrong it's 30 days within date of execution (signing).

But they will only be penalized.

Sometimes it's more economical for them to just pay the penalty/fine.
TSzmxpro
post Jan 13 2020, 12:01 AM

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i signed the SNP on the day i paid 10% deposit....but SNP is stamped 6 months later....seems like a loop hole in the law....
Mikeshashimi
post Jan 13 2020, 12:06 AM

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QUOTE(zmxpro @ Jan 13 2020, 12:01 AM)
i signed the SNP on the day i paid 10% deposit....but SNP is stamped 6 months later....seems like a loop hole in the law....
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No loophole. Like I said it's 30 months from date of execution.

Sometimes developer just pay the penalty for late stamping.

You need to see what the clause says on LAD.
TSzmxpro
post Jan 13 2020, 12:12 AM

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QUOTE(Mikeshashimi @ Jan 13 2020, 12:06 AM)
No loophole. Like I said it's 30 months from date of execution.

Sometimes developer just pay the penalty for late stamping.

You need to see what the clause says on LAD.
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Mikeshashimi...do you mean 30 days or 30 months...if developer can just pay penalty, developer will only lost some money and home buyer will forced to pay more mortgage interest for nothing.
Mikeshashimi
post Jan 13 2020, 12:25 AM

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QUOTE(zmxpro @ Jan 13 2020, 12:12 AM)
Mikeshashimi...do you mean 30 days or 30 months...if developer can just pay penalty, developer will only lost some money and home buyer will forced to pay more mortgage interest for nothing.
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sorry, 30 days.. mind was crossed between 30 days and 1 month.

You are right on the second part, purchasers are always at a disadvantaged.

BUT, you have a right to claim LAD. Seek advice from a lawyer.
TSzmxpro
post Jan 13 2020, 12:32 AM

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thnx Mikeshashimi... i have open case against developer in the tribunal because the amount i seek is around 15k only....looking forward for the hearing date

anyhow the result will based on judge decision right...if we are not satisfied can we seek lawyer after that?
TSzmxpro
post Jan 13 2020, 12:34 AM

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...

This post has been edited by zmxpro: Jan 14 2020, 01:10 AM
TSzmxpro
post Jan 13 2020, 09:19 PM

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i heard the tribunal decision pre much effected on which judge ...a certain judge can give a differ result

 

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