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

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.

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.

If not mistaken it's 1 year only with two extensions. Anyway good donation to the lawyer if you want to fight.

They got EOT you got MCO + moratorium

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?

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

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...

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.

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

This post has been edited by yiwen93: Feb 10 2023, 01:39 PM

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

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.

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

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

Yeah but developer can just wind up, liquidate the subsidiaries and move on.

Can an average Joe do so?

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?

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.

True, absolutely agree on this

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.


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

meaning other developer only applied around 1 year (2 EOT) of extention to their buyer?

may i know more where u got the info? it's crucial for me to compare my case, thanks.

May i know what is impartial lawyer? we'd engagged with Housing buyer association hoping to found peoples that facing similar ground of fight, but they'd recommended us a lawyer that charge quite hefty after gave us some advice.

really appreciate your suggestion.

but i dont understand the judge part, meaning the judge in tribunal will evaluate our case, if we settle for 50k, then it's done, if not he can suggest whether we can proceed for much better option on court?


thanks again

This post has been edited by leelazens: Sep 20 2022, 09:59 PM

If he awards you, means your case is strong, not simply throw money into sea

Your only hope now is the condo will be completed and vp, otherwise there is no lad to start with

So you would rather your project wind up and the developer cabut because they cannot deliver on time and need to pay LAD?

Mind you, the COVID impact is not only for 6 months. The aftermath also includes material price increase, labor shortage etc.

Progressive interest is a small price to pay for getting your project done. The banks will never forego their profit, they are a business, not a charity. Which country bank actually froze the accrued interest? If you can give some example it will be good.

Dun waste time dun waste effort

An eye for an eye makes the whole world blind

To be honest, I just went back from Housing Tribunals. My scenario is different than TS. Really waste of time go claim LAD.

According to the SPA, developer need hand over the keys to me within 24m. They didnt apply for the EOT because they are really fast complete in time like around 21-22months dah completed. But because of the dam reason POT not yet done, they didn't manage to claim the last sum money from bank and refuse to give me the VP for like almost 2 months.

Well, someone(from legal industry) advice me why not go try to claim the LAD after reviewing my SPA. End up really waste my time and energy. The judge is so bias toward developer, telling me that POT delay causing the delay is valid reason for not giving me VP.

Wait what? so TLDR SPA is piece of garbage contract paper LMAO.

PS. for future anyone searching this post, the judge is Dato C (sorry can't write full name, later get lawsuit)

This post has been edited by NightFelix: Sep 23 2022, 08:15 PM

Seems really petty if you went after the developer for a 2 month delay.

The delay caused by Land office? If so, you can sue them? dont think land office has any SLA

This post has been edited by keane04: Sep 25 2022, 12:47 PM

The developer send the extension letter attached with Gov approval. so far, we heard that are two. instead of asking other, can you share what exactly you get?

i suspect other project typically start in 2019 onwards but your since 2017. seem the developer maximize the mco condition to cover their slowness. by right 2017 until 2020 march. almost can vp already.

ur developer is gov fren fren is it?

This post has been edited by keane04: Sep 25 2022, 12:45 PM

dont think can challenge as under the act. if success, then is like a big slap to gomen.

Late is late, doesn't care even is 2 days/weeks/months/years. Even loan interest are calculate by daily what.

Yes, but the problem doesn't lie within the Land Office. Is not even "Need" to bring out for debate, because in the SPA clearly written that if developer fail to deliver the keys after 24 months, then we can go after them for LAD. Like I said earlier, developer don't even apply for the EOT.

In layman terms, even the Land Office got Nuke by Russia and all people die and nobody working for the POT. Developer still need hand over the VP to me in time, otherwise Purchaser can claim LAD.

same, they attached an letter from gov office, i'd received all 3 eot, total 21 months up till 31dec2021.

i just wondering if the EOT3 (full 2021 year iirc) was given based on certain criteria. or maybe your project only needed 2 eot to cover?

and my SPA written 4 year completion time (signed 2017 May), which is different from schedule H of 3 year.

i feel that either way 1 of it shouldn't allow, but lawyer said it's different fight. the 4 year spa fight will be after VP (which estimated 2023 march according to new buyer of the project told by developer)

Sounds like it's AK project. Yes no?

As long as developer has perform their duty, judge is right delay in strata ready is not the fault of developer and LAD shouldn't be impose. But, something missed because as per section 28@Schedule H, developer can apply for waiver for strata not ready upon VP. Also a question mark why bank is not releasing the sum that causing developer not to release the VP.

Anyway all the best if you intend to pursue the matter further with developer.

You can search Covid Act and read the provisions allowed under the act.

Some argued that developers/contractors have to "prove" the delays caused by COVID. Good luck in proving them otherwise.

If Im in a right direction, POT is part of the owner/ borrower's responsibility to get the bank to release.
In order to prove the developer has done their part is ask for the request letter from the developer to the bank.
Otherwise is a debatable case.

Agreed. If I'm a lawyer I will surely tell TS and his fans this can be done to earn maximum legal fees

Yes, the famous proj in Kuchai Lama was given 2 times covid EOT, and then straight went abandon…so any hope of LAD is vanished, on top of waiting for 5 years but no keys, a big misfortune for buyers

That is why better to buy for completed units…buyers want house, not additional moneys and time and hassle to go thru legal process/tribunal

BUY COMPLETED UNITS FOR A PEACE OF MIND

Or buy from your big name developers at a premium. Though to be fair, even someone like Mah Sing can deliver at a reasonable quality for the price.

This post has been edited by Cavatzu: Sep 26 2022, 08:39 PM

There's 40k of existing stock for buyers to choose

The whole reason bank not releasing the last sum of money is because POT (Perfection of Transfer) not yet done due to Land Office pasal, so developer use that as an excuse not give me VP.

Also, Judge use common sense to think that if that is a very good valid reason, then thats why tolak my LAD claim.

Then here comes the problem, if judge use common sense, then what is the whole point of having the SPA to begin with? According to the my SPA written inside, developer have to give me the VP no matter what reason after 24months, otherwise I can claim LAD from them.

I clearly understand from my point of view that this is not developer fault as developer did all their part to get it done, but late is late right? If bank can use common sense, then I also can use all sort of excuse to repay my loan, so no interest on me too right? too bad is not happening in reality what.

In my understanding is: Who wrong?
- use common sense, Land office.
- according to SPA, developer wrong
- according to judge, nobody wrong (tolak my LAD claim because u can't sue Land Office)
- according to netizen, Covid wrong

Yes. You are 100% correct.

Developer did ask bank to release the last sum money but can't due to Land Office is so slooooooow. Everyone in the legal industry that handle this know how terrible their appointment slot for daily.

If you ask a certain ex prime minster, judge wrong.

can appeal x2?

Dont know. Later same judge, waste my time again.

Today I talk with another friend of mine, he share that possible judge take the Covid Act into consideration that all LAD date deduct 167 days. I no further study that Covid Act.

A judge cannot hear the appeal on the same case when he oredi gave a verdict earlier.

Good to know that. learn something. by anyway doesn't matter, no further plan to appeal.