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 Developer ignoring my defect report, What should I do?

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TSCreated On 21/1/2021
post Feb 7 2023, 05:12 PM, updated 3y ago

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My condo is still under defects liability period, I submitted defect report on last year Christmas.

But the developer has been ignoring my email. I called them several times but they always tell me that the person in charge will call me back.

I can't start my renovation if they did not fix my defects. cry.gif
HonMun
post Feb 7 2023, 05:18 PM

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Most of the developer is the same.......attitude like shits
sunami
post Feb 7 2023, 05:25 PM

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hmmm....raise it to consumer tribunal
teslaman
post Feb 7 2023, 05:26 PM

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QUOTE(Created On 21/1/2021 @ Feb 7 2023, 05:12 PM)
My condo is still under defects liability period, I submitted defect report on last year Christmas.

But the developer has been ignoring my email. I called them several times but they always tell me that the person in charge will call me back.

I can't start my renovation if they did not fix my defects.  cry.gif
*
Just repair and claim.
LuckyBai
post Feb 7 2023, 05:27 PM

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You can detail a financial on the income you are losing to them.. Ask them respinsible on your loss of income
Roadwarrior1337
post Feb 7 2023, 05:39 PM

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This is normal and all developer like this. Purposely delay the fix until u go office bang table

Its normal even with tropicana or sime darby

Until have to bring my level Ruler to proof my point

Most of the time its the subcon that cibei
hihihehe
post Feb 7 2023, 05:41 PM

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if just minor like painting or those can be fixed during renovation, just skip it.

if water leaking and other major stuff, have to go to management everyday
billy08
post Feb 7 2023, 05:44 PM

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so for major issues, we have no other options but to wait for the developers free time to repair.. *sigh*
r3d2
post Feb 7 2023, 05:47 PM

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This is their delaying tactic so that they do not have to do the repair twice within the warranty period.
It is very unfair to house owners and if you delay their payment they will send you a lawyers letter instantly.

Autocountstick
post Feb 7 2023, 05:51 PM

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ask for major not minor damaged, paint can do yourself, if tiles or leaking please refer to developer, will cost you few thousand.
TSCreated On 21/1/2021
post Feb 7 2023, 05:52 PM

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QUOTE(HonMun @ Feb 7 2023, 05:18 PM)
Most of the developer is the same.......attitude like shits
*
QUOTE(r3d2 @ Feb 7 2023, 05:47 PM)
This is their delaying tactic so that they do not have to do the repair twice within the warranty period.
It is very unfair to house owners and if you delay their payment they will send you a lawyers letter instantly.
*
It is so frustrating. They've seen my Whatsapp message and Facebook message, but they are not replying me.
claudetan
post Feb 7 2023, 06:16 PM

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QUOTE(Created On 21/1/2021 @ Feb 7 2023, 05:12 PM)
My condo is still under defects liability period, I submitted defect report on last year Christmas.

But the developer has been ignoring my email. I called them several times but they always tell me that the person in charge will call me back.

I can't start my renovation if they did not fix my defects.  cry.gif
*
Read your snp, usually they’re given time to do it, if expired, you can repair and charge back to them. Of course you need to send formal letter to them
akidos
post Feb 7 2023, 06:30 PM

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QUOTE(sunami @ Feb 7 2023, 06:25 PM)
hmmm....raise it to consumer tribunal
*
Sadly maximum claimable is 50k .
sunami
post Feb 7 2023, 06:34 PM

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QUOTE(akidos @ Feb 7 2023, 07:30 PM)
Sadly maximum claimable is 50k .
*
oh is it?
but new one....fixes will exceeded tat amount?
is so..you are not worried if stay for a long time? laugh.gif
Cavatzu
post Feb 7 2023, 06:56 PM

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To be fair, end of year leading up to a fairly early Chinese New Year meant most of January was a slow month.
SUSCoolStoryWriter
post Feb 7 2023, 07:03 PM

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Which project? Defects need more than 50k? Wow
TSCreated On 21/1/2021
post Feb 8 2023, 07:02 PM

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I went to their HQ today in Old Klang Road.

They only accept a hard copy of the defect report, so I have find the nearest printing shop, print it, then go back to theiir HQ.

I don't even bother asking why they haven't responded to my email or why they won't accept a soft copy that I sent a month ago.
SUSNihonmaru
post Feb 8 2023, 09:42 PM

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QUOTE(Created On 21/1/2021 @ Feb 7 2023, 05:12 PM)
My condo is still under defects liability period, I submitted defect report on last year Christmas.

But the developer has been ignoring my email. I called them several times but they always tell me that the person in charge will call me back.

I can't start my renovation if they did not fix my defects.  cry.gif
*
Have you requested a receipt upon submission ?
SUSNihonmaru
post Feb 8 2023, 09:43 PM

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QUOTE(Created On 21/1/2021 @ Feb 8 2023, 07:02 PM)
I went to their HQ today in Old Klang Road.

They only accept a hard copy of the defect report, so I have find the nearest printing shop, print it, then go back to theiir HQ.

I don't even bother asking why they haven't responded to my email or why they won't accept a soft copy that I sent a month ago.
*
Because they don't want to waste time handle your case, unless you able to do very prompt follow up until they can't tahan you
TSCreated On 21/1/2021
post Feb 8 2023, 10:02 PM

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QUOTE(Nihonmaru @ Feb 8 2023, 09:42 PM)
Have you requested a receipt upon submission ?
*
What kind of receipt?
SUSNihonmaru
post Feb 8 2023, 10:09 PM

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QUOTE(Created On 21/1/2021 @ Feb 8 2023, 10:02 PM)
What kind of receipt?
*
1st. You submit the report shall be in paper form or scanned PDF , supposed once they received they shall stamp with date to prove that they received your defect report, this is the utmost important as it proves you submit the defect within the said DLP.

2nd get their CRM department key person, if they are not Ah Chong Developer then they should have the key person, and direct reporting superior, you have to email follow up, text or call weekly, biweekly, if not monthly.

3rd get them to answer you the date of rectification, and you may need to step up to their office to put pressure, as long as they have ongoing projects they will answer you as they need to sell their new property also.

4th After rectification, get them to acknowledge for the DLP extension on certain parts, example tiles, roof, or etc.
TSCreated On 21/1/2021
post Feb 8 2023, 11:32 PM

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QUOTE(Nihonmaru @ Feb 8 2023, 10:09 PM)
1st. You submit the report shall be in paper form or scanned PDF , supposed once they received they shall stamp with date to prove that they received your defect report, this is the utmost important as it proves you submit the defect within the said DLP.

2nd get their CRM department key person, if they are not Ah Chong Developer then they should have the key person, and direct reporting superior, you have to email follow up, text or call weekly, biweekly, if not monthly.

3rd get them to answer you the date of rectification, and you may need to step up to their office to put pressure, as  long as they have ongoing projects they will answer you as they need to sell their new property also.

4th After rectification, get them to acknowledge for the DLP extension on certain parts, example tiles, roof, or etc.
*
Oh shit. I did nothing. I basically just hand over the papers to the front counter and the lady said she will pass it to the relevant department.

Thanks for telling me this, I shall visit them again.


butthead76
post Feb 9 2023, 05:55 AM

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QUOTE(Created On 21/1/2021 @ Feb 8 2023, 07:02 PM)
I went to their HQ today in Old Klang Road.

They only accept a hard copy of the defect report, so I have find the nearest printing shop, print it, then go back to theiir HQ.

I don't even bother asking why they haven't responded to my email or why they won't accept a soft copy that I sent a month ago.
*
AK ah?....hahahah..... whistling.gif whistling.gif

if just minor defects just get your renovator to settle it. tell your renovator, they will be willing to do it foc if minor as they want to start and get payment too.
mushigen
post Feb 9 2023, 09:32 AM

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QUOTE(Created On 21/1/2021 @ Feb 8 2023, 11:32 PM)
Oh shit. I did nothing. I basically just hand over the papers to the front counter and the lady said she will pass it to the relevant department.

Thanks for telling me this, I shall visit them again.
*
If you noticed, whenever they pass you anything, they make us sign for it to protect themselves.
mushigen
post Feb 9 2023, 09:39 AM

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QUOTE(Nihonmaru @ Feb 8 2023, 10:09 PM)
1st. You submit the report shall be in paper form or scanned PDF , supposed once they received they shall stamp with date to prove that they received your defect report, this is the utmost important as it proves you submit the defect within the said DLP.

2nd get their CRM department key person, if they are not Ah Chong Developer then they should have the key person, and direct reporting superior, you have to email follow up, text or call weekly, biweekly, if not monthly.

3rd get them to answer you the date of rectification, and you may need to step up to their office to put pressure, as  long as they have ongoing projects they will answer you as they need to sell their new property also.

4th After rectification, get them to acknowledge for the DLP extension on certain parts, example tiles, roof, or etc.
*
Good tips there.

Wrt:

Point no.1, what if we submit defect report through email? Recommended to follow up with hardcopy?

point no.4, what is the standard practice on DLP extension? How long will they extend - xx months from the repair completion date?
Say a defect (leaking bathroom floor) is discovered 23 months after VP letter. Does the developer still provide extension after the repair is done?

TSCreated On 21/1/2021
post Feb 9 2023, 11:13 AM

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QUOTE(butthead76 @ Feb 9 2023, 05:55 AM)
AK ah?....hahahah..... whistling.gif  whistling.gif

if just minor defects just get your renovator to settle it. tell your renovator, they will be willing to do it foc if minor as they want to start and get payment too.
*
If I can turn back time I will not buy a property from this developer.

But to be fair, most developers also same. Collect money very fast, work very slow.

This post has been edited by Created On 21/1/2021: Feb 9 2023, 11:15 AM
rumahwip
post Feb 10 2023, 07:32 AM

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which developer?
McMatt
post Feb 10 2023, 02:27 PM

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QUOTE(Created On 21/1/2021 @ Feb 7 2023, 05:12 PM)
My condo is still under defects liability period, I submitted defect report on last year Christmas.

But the developer has been ignoring my email. I called them several times but they always tell me that the person in charge will call me back.

I can't start my renovation if they did not fix my defects.  cry.gif
*
Refer back to your SPA. Upon submitting your defects via official channel, they have 30 days to complete the rectification. If they fail to do so, ask your solicitor to write an official letter to them, which basically tells them, they have failed to rectify the defects list within 30 days. And with this letter, hereby give notice of another 30 days to complete the said rectification. After which, you have the right to engage your own contractor and any cost incurred is claimable to the developer. It's pretty standard in the SPA.

So, officially, it's basically 30 days, + a further 30 days from the date of the solicitors letter received by them. The longer your gap between them, that would be your loss if you don't send them that letter immediately after the initial 30 days.
SUSNihonmaru
post Feb 10 2023, 11:28 PM

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QUOTE(mushigen @ Feb 9 2023, 09:39 AM)
Good tips there.

Wrt:

Point no.1, what if we submit defect report through email? Recommended to follow up with hardcopy?

point no.4, what is the standard practice on DLP extension? How long will they extend - xx months from the repair completion date?
Say a defect (leaking bathroom floor) is discovered 23 months after VP letter. Does the developer still provide extension after the repair is done?
*
1. You submit through email is OK, just need to ensure they replied you as received on which date officially, best to request them to scan a copy with stamped received date for your ref.

4. There is no standard practice in the market, you have to be smart to deal with their CRM or their management.

5. Like me, asked and argued for a long follow up session,my case lasted for 1 year I can't move into my unit nor start the renovation, asked the developer to give me 1 year extension, with their senior management sign the letter black and white.

Moral of the story, buyer is always at the loss, because you don't have time to deal with them, so make sure you maximising your rights in a reasonable extend.
SUSNihonmaru
post Feb 10 2023, 11:36 PM

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QUOTE(Created On 21/1/2021 @ Feb 8 2023, 11:32 PM)
Oh shit. I did nothing. I basically just hand over the papers to the front counter and the lady said she will pass it to the relevant department.

Thanks for telling me this, I shall visit them again.
*
It is advisable to have every record black and white.

Best to email them your first follow up second follow up and etc.

To their senior level if you can get the contact from your taman JMB, or your lawyer, or from whatever channel you got the email contact.

Cc the email everytime you follow up your case.

Make sure they are aware on this. If CRM cannot give you an acceptable answer, get their managerial level to answer politely, set the appointment date, get the manager to talk, to visit your unit for detailed understanding.

Remember always to be polite and professional, as they are only employees, it is not their fault to build your unit poorly. And they are also unfortunate to deal with these shitholes too.

They are paid workers, and they deserve your courtesy.
But have to be firm when dealing their senior management, as they are high paid, so, ya, they have to be more professional than the low level executives.

Remember, if there is a need, record your conversation openly by informing them in advance. This is to make them to be careful and polite for what they say.

This is my 2 cents.
shanjuen
post Feb 11 2023, 12:39 AM

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QUOTE(McMatt @ Feb 10 2023, 02:27 PM)
Refer back to your SPA. Upon submitting your defects via official channel, they have 30 days to complete the rectification. If they fail to do so, ask your solicitor to write an official letter to them, which basically tells them, they have failed to rectify the defects list within 30 days. And with this letter, hereby give notice of another 30 days to complete the said rectification. After which, you have the right to engage your own contractor and any cost incurred is claimable to the developer. It's pretty standard in the SPA.

So, officially, it's basically 30 days, + a further 30 days from the date of the solicitors letter received by them. The longer your gap between them, that would be your loss if you don't send them that letter immediately after the initial 30 days.
*
Hello sir. Just would like to ask for the solicitor, do we have to appoint a new solicitor or it should be the one who handled our SPA?
SUSNihonmaru
post Feb 11 2023, 08:18 AM

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QUOTE(shanjuen @ Feb 11 2023, 12:39 AM)
Hello sir. Just would like to ask for the solicitor, do we have to appoint a new solicitor or it should be the one who handled our SPA?
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If your solicitor is not from developer when signing SPA then should be OK

If he or she is from developer side then you will need to seek a new solicitor.

It is stated clear that the lawyer is developer's lawyer so in any case of conflict, he or she cannot be your side.
shanjuen
post Feb 11 2023, 01:15 PM

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QUOTE(Nihonmaru @ Feb 11 2023, 08:18 AM)
If your solicitor is not from developer when signing SPA then should be OK

If he or she is from developer side then you will need to seek a new solicitor.

It is stated clear that the lawyer is developer's lawyer so in any case of conflict, he or she cannot be your side.
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I see. Thank you so much for your feedback. Just wondering if you have any ideas how much would be the cost/fee to hire a solicitor to settle this kind of issue?
SUSNihonmaru
post Feb 11 2023, 02:26 PM

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QUOTE(shanjuen @ Feb 11 2023, 01:15 PM)
I see. Thank you so much for your feedback. Just wondering if you have any ideas how much would be the cost/fee to hire a solicitor to settle this kind of issue?
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It charges at hourly rate for advice, to understand your case first level and to provide advice to you. If appointed, then should be different rate.

I never reached that step so I couldn't give you an exact amount or rate.

Maybe you can do some research on tribunal court or civil case.

 

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