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unable to claim LAD due to Eot given by gov, anybody else ?
unable to claim LAD due to Eot given by gov, anybody else ?
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Sep 26 2022, 08:42 PM
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Junior Member
940 posts Joined: Dec 2007 From: Shah Alam,Selangor |
There's 40k of existing stock for buyers to choose
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Sep 27 2022, 01:48 AM
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#42
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All Stars
17,467 posts Joined: May 2008 From: Lazada |
QUOTE(gks @ Sep 26 2022, 02:52 PM) 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. 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.Anyway all the best if you intend to pursue the matter further with developer. 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 QUOTE(spectrum17 @ Sep 26 2022, 02:59 PM) If Im in a right direction, POT is part of the owner/ borrower's responsibility to get the bank to release. Yes. You are 100% correct.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. 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. |
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Sep 27 2022, 08:58 AM
Show posts by this member only | IPv6 | Post
#43
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Senior Member
1,057 posts Joined: Nov 2004 |
QUOTE(NightFelix @ Sep 27 2022, 01:48 AM) 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. If you ask a certain ex prime minster, judge wrong.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. |
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Sep 27 2022, 10:18 AM
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All Stars
17,515 posts Joined: Feb 2006 From: KL |
QUOTE(NightFelix @ Sep 27 2022, 01:48 AM) 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. can appeal x2?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. |
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Sep 27 2022, 01:47 PM
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All Stars
17,467 posts Joined: May 2008 From: Lazada |
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Sep 27 2022, 02:51 PM
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All Stars
14,511 posts Joined: Sep 2017 |
QUOTE(NightFelix @ Sep 27 2022, 01:47 PM) Dont know. Later same judge, waste my time again. A judge cannot hear the appeal on the same case when he oredi gave a verdict earlier.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. |
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Sep 28 2022, 07:26 PM
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All Stars
17,467 posts Joined: May 2008 From: Lazada |
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