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 unable to claim LAD due to Eot given by gov, anybody else ?

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TSleelazens
post Sep 19 2022, 10:01 PM, updated 4y ago

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my developer sent me a letter stating they acquired EOT(extension of time) that given by housing ministry

3 period of EOT(s) consists total of 21 months starting from march2020 to dec2021 to be excluded from LAD count.

thanks to above extension, the project buyers wont receive any LAD even if it completed in next year (and many buyers signed spa on 2017)


we'd gather a small group of affected buyer from our project & I believe there're more affected buyers from other projects as well, can we form a discussion for solution here?

any suggestion? our group are also seeking legal advice, any lawyer feel free to contact me.

This post has been edited by leelazens: Sep 20 2022, 06:11 AM
gks
post Sep 19 2022, 10:30 PM

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QUOTE(leelazens @ Sep 19 2022, 10:01 PM)
my developer sent me a letter stating they acquired EOT(extension of time) that given by housing ministry

3 period of EOT(s) consists  total of 21 months starting from march2020 to dec2021 to be included into LAD count.

thanks to above extension, the project buyers wont receive any LAD even if it completed in next year (and many buyers signed spa on 2017)
we'd gather a small group of affected buyer from our project & I believe there're more affected buyers from other projects as well, can we form a discussion for solution here?

any suggestion? our group are also seeking legal advice, any lawyer feel free to contact me.
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Covid act is a law passed by government to relieve contractual obligations of companies. Please check with impartial lawyer before spend money on lawyer who is only interested to get legal fee.
Cavatzu
post Sep 20 2022, 05:50 AM

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It is what it is. Have any lawyers said you have a case here at all? Admittedly 21 months extension is a very long time when most extensions have been 6 months to a year.
Babizz
post Sep 20 2022, 06:51 AM

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If not mistaken it's 1 year only with two extensions. Anyway good donation to the lawyer if you want to fight.
jibpek
post Sep 20 2022, 06:58 AM

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They got EOT you got MCO + moratorium
yiwen93
post Sep 20 2022, 07:32 AM

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QUOTE(jibpek @ Sep 20 2022, 06:58 AM)
They got EOT you got MCO + moratorium
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I was about to ask, but so far as I know the Moratorium is just to help you drag the payment for few months time, you'll have to pay back after the moratorium ended no?
Vic31
post Sep 20 2022, 08:12 AM

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QUOTE(yiwen93 @ Sep 20 2022, 07:32 AM)
I was about to ask, but so far as I know the Moratorium is just to help you drag the payment for few months time, you'll have to pay back after the moratorium ended no?
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It depends. Some moratorium offers to extend your loan tenure , some pays back lump sum few months later . Anyways , the purpose of it is to ease on cash flow during the mco period
yiwen93
post Sep 20 2022, 08:35 AM

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QUOTE(Vic31 @ Sep 20 2022, 08:12 AM)
It depends. Some moratorium offers to extend your loan tenure , some pays back lump sum few months later . Anyways , the purpose of it is to ease on cash flow during the mco period
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But it's so unfair to the buyers.. developer can apply for EOT, but us the buyer still need to pay the interest to bank... doh.gif
victorian
post Sep 20 2022, 08:44 AM

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QUOTE(yiwen93 @ Sep 20 2022, 08:35 AM)
But it's so unfair to the buyers.. developer can apply for EOT, but us the buyer still need to pay the interest to bank...  doh.gif
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Someone will need to bear the brunt.

Developer can't start work because of MCO, project delayed, buyer will need to continue serving interest until the project is completed.
elimi8z
post Sep 20 2022, 08:45 AM

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Go Housing Tribunal first but max claim RM50K, the judge will help see the case got leg to stand or not, if got then group together then sue at court
yiwen93
post Sep 20 2022, 08:45 AM

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QUOTE(victorian @ Sep 20 2022, 08:44 AM)
Someone will need to bear the brunt.

Developer can't start work because of MCO, project delayed, buyer will need to continue serving interest until the project is completed.
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bangwall.gif bangwall.gif bangwall.gif bangwall.gif bangwall.gif


This post has been edited by yiwen93: Feb 10 2023, 01:39 PM
gks
post Sep 20 2022, 08:53 AM

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QUOTE(elimi8z @ Sep 20 2022, 08:45 AM)
Go Housing Tribunal first but max claim RM50K, the judge will help see the case got leg to stand or not, if got then group together then sue at court
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This is a practical advice. Most likely you do not have a case as Covid act is a law and from my layman understanding they can ask for maximum EOT from March.2020 to Dec.2021. Anyway no harm since no cost involved in housing tribunal.

Good luck TS
elimi8z
post Sep 20 2022, 10:25 AM

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QUOTE(gks @ Sep 20 2022, 08:53 AM)
This is a practical advice. Most likely you do not have a case as Covid act is a law and from my layman understanding they can ask for maximum EOT from March.2020 to Dec.2021. Anyway no harm since no cost involved in housing tribunal. 

Good luck TS
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Not necessarily also, developer also must proof the delay is not within their control, 2017-2020, the building should be minimum 50-60% completion, if currently building progress only at 50% or less, developer is just abusing the loophole.
PAChamp
post Sep 20 2022, 12:21 PM

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It is normal for buyers like us to demand our rights against developers as we always view them as greedy corporates. But if you look at it another way, if the Covid Act wasn't passed, there will be many more abandoned housing as no developer will want to complete a project at a loss. They will simply let the company go under and buyers will be much much worse off than just having to forgo LAD. If you manage to get your keys then just be thankful. During covid, it is true that developers cannot do work plus there is an acute labour shortage and prices of construction materials have gone up very high
aaron1717
post Sep 20 2022, 12:25 PM

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QUOTE(yiwen93 @ Sep 20 2022, 08:35 AM)
But it's so unfair to the buyers.. developer can apply for EOT, but us the buyer still need to pay the interest to bank...  doh.gif
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developer also need to continue to pay their obligations to the bank and they still have alot of cost to bear during MCO and pause of works... so to say fair or unfair its an endless argument... everyone will only think for themselves... lol
elimi8z
post Sep 20 2022, 12:50 PM

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QUOTE(aaron1717 @ Sep 20 2022, 12:25 PM)
developer also need to continue to pay their obligations to the bank and they still have alot of cost to bear during MCO and pause of works... so to say fair or unfair its an endless argument... everyone will only think for themselves... lol
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Yeah but developer can just wind up, liquidate the subsidiaries and move on.

Can an average Joe do so?
aaron1717
post Sep 20 2022, 02:02 PM

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QUOTE(elimi8z @ Sep 20 2022, 12:50 PM)
Yeah but developer can just wind up, liquidate the subsidiaries and move on.

Can an average Joe do so?
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if gt choice do u think the developer wanna wind up? same applies to the average joe who wanna declare bankruptcy... if u are buying properties from ah pig ah dog developers than this is always the risk, if from reputable developer do u think they wanna risk their reputation?
COOLPINK
post Sep 20 2022, 02:08 PM

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cant do much.
2020-2021 covid everyone got extensions.

i would be more worried the developer would not finish the project due to rising cost of materials in 2022 and it could be worse in 2023.


yiwen93
post Sep 20 2022, 02:10 PM

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QUOTE(aaron1717 @ Sep 20 2022, 12:25 PM)
developer also need to continue to pay their obligations to the bank and they still have alot of cost to bear during MCO and pause of works... so to say fair or unfair its an endless argument... everyone will only think for themselves... lol
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True, absolutely agree on this
TSleelazens
post Sep 20 2022, 09:49 PM

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QUOTE(jibpek @ Sep 20 2022, 06:58 AM)
They got EOT you got MCO + moratorium
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are u joking? moratorium actually burden further the loanee with interest.

even u talking from a point of delay/period, it's only 6 months moratorium, why give developer 21 months EOT ? i paid hefty interest for all 21 months.


QUOTE(victorian @ Sep 20 2022, 08:44 AM)
Someone will need to bear the brunt.

Developer can't start work because of MCO, project delayed, buyer will need to continue serving interest until the project is completed.
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then it should be bank, they made billion profit while the rest mati ?

If gov didn't froze the interest accrue like other country, then it shouldn't give developer almost 2 year of extension

This post has been edited by leelazens: Sep 20 2022, 09:56 PM

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