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

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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.
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
gks
post Sep 26 2022, 02:52 PM

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QUOTE(NightFelix @ Sep 23 2022, 08:13 PM)
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)
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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.
gks
post Sep 26 2022, 02:57 PM

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QUOTE(leelazens @ Sep 26 2022, 06:29 AM)
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)
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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.



 

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