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 Key handover after Developer Declare VP

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TSdesmond2020
post Jul 9 2025, 07:14 PM, updated 6 months ago

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There is a curious situation which I have encounter recently

1. Developer declare VP dated 4th April 2025, and thereafter claim the full loan disbursement

2. Bank release payment within 30 days.

3. Ayam pay all the misc charges and prepayment of maint fee as required.

4. Developer issue letter of clearance

5. Now here is the thing get interesting, developer has asked to set appointment for key collection and earliest slot for appointment is 2 months after date i received letter of clearance

So, under schedule H, clause 27 fully describe how VP should be performed, and I read the whole agreement and nothing say developer can set additional roadblock to key collection after VP

under clause 27(4), I would be deemed taken the vacant possession after 1 month from date of VP declaration by developer.

Seek SIFU advise on this matter.
mini orchard
post Jul 9 2025, 07:26 PM

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Developer cannot deliver to all the buyers at the same time. Some will have it earlier and others later.

This post has been edited by mini orchard: Jul 9 2025, 07:28 PM
TSdesmond2020
post Jul 9 2025, 07:27 PM

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QUOTE(mini orchard @ Jul 9 2025, 07:26 PM)
Developer cannot deliver to all the buyers at the same time.
*
well, I do appreciate this but according to SPA, that doesn't look like my problem
mini orchard
post Jul 9 2025, 07:30 PM

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QUOTE(desmond2020 @ Jul 9 2025, 07:27 PM)
well, I do appreciate this but according to SPA, that doesn't look like my problem
*
If you are not happy about it, then go office bang table and maybe you get an earlier appointment.

This post has been edited by mini orchard: Jul 9 2025, 07:58 PM
knwong
post Jul 9 2025, 08:01 PM

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What's your concern in receiving key late?

TSdesmond2020
post Jul 9 2025, 08:08 PM

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QUOTE(knwong @ Jul 9 2025, 08:01 PM)
What's your concern in receiving key late?
*
well, first of all, it is matter of principle, and 'spirit of contract' while I hold my end of bargain, I expect another party to hold theirs

secondly, defect liability is 24 months after taken VP, which according to clause 27(4), regardless of weather developer handover the key, liability period start 1 month after date of VP notice. This in fact reduce my right without any legal provision in SPA.

and finally the fact that maintenance fee is already being charged starting on VP date meaning I am paying for something that I do not have possession of. (Legally already being mine but deny the possession by developer)

This post has been edited by desmond2020: Jul 9 2025, 08:09 PM
mini orchard
post Jul 9 2025, 08:19 PM

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QUOTE(desmond2020 @ Jul 9 2025, 08:08 PM)
well, first of all, it is matter of principle, and 'spirit of contract' while I hold my end of bargain, I expect another party to hold theirs

secondly, defect liability is 24 months after taken VP, which according to clause 27(4), regardless of weather developer handover the key, liability period start 1 month after date of VP notice. This in fact reduce my right without any legal provision in SPA.

and finally the fact that maintenance fee is already being charged starting on VP date meaning I am paying for something that I do not have possession of. (Legally already being mine but deny the possession by developer)
*
You and the developer have a contractual agreement and if there is a breach, then your recourse is to sue the developer if they cannot rectified the breach.

You can start with asking your lawyer to sent them a letter demanding what you wrote.

This post has been edited by mini orchard: Jul 9 2025, 08:40 PM
Jingle91
post Jul 9 2025, 08:52 PM

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QUOTE(desmond2020 @ Jul 9 2025, 07:14 PM)
There is a curious situation which I have encounter recently

1. Developer declare VP dated 4th April 2025, and thereafter claim the full loan disbursement

2. Bank release payment within 30 days.

3. Ayam pay all the misc charges and prepayment of maint fee as required.

4. Developer issue letter of clearance

5. Now here is the thing get interesting, developer has asked to set appointment for key collection and earliest slot for appointment is 2 months after date i received letter of clearance

So, under schedule H, clause 27 fully describe how VP should be performed, and I read the whole agreement and nothing say developer can set additional roadblock to key collection after VP

under clause 27(4), I would be deemed taken the vacant possession after 1 month from date of VP declaration by developer.

Seek SIFU advise on this matter.
*
First condo right? Some more high dense. That is normal, I did heard some drag to third mth after VP letter.

tbh, you may raise whatever complaint or even send out lod, but nothing can be achieved.

Your bank maybe disburse on the last few days of 30 days period, before that many have already made disbursement so manage to get the slot. Only cash buyer can get key few days upon vp, as they don't need to wait for bank to make disbursement

This post has been edited by Jingle91: Jul 9 2025, 08:53 PM
TSdesmond2020
post Jul 9 2025, 08:57 PM

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QUOTE(Jingle91 @ Jul 9 2025, 08:52 PM)
First condo right? Some more high dense. That is normal, I did heard some drag to third mth after VP letter.

tbh, you may raise whatever complaint or even send out lod, but nothing can be achieved.

Your bank maybe disburse on the last few days of 30 days period, before that many have already made disbursement so manage to get the slot. Only cash buyer can get key few days upon vp, as they don't need to wait for bank to make disbursement
*
not first my pren

few condos before this, all can get keys 14 days after payment clear

in fact even mah sing group can get key 14 days after payment clear lol
MNF0
post Jul 9 2025, 09:07 PM

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QUOTE(desmond2020 @ Jul 9 2025, 07:27 PM)
well, I do appreciate this but according to SPA, that doesn't look like my problem
*
Exactly, it's their problem.
mini orchard
post Jul 9 2025, 09:31 PM

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QUOTE(MNF0 @ Jul 9 2025, 09:07 PM)
Exactly, it's their problem.
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Better let go fast fast 🤣
Jingle91
post Jul 9 2025, 09:32 PM

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QUOTE(desmond2020 @ Jul 9 2025, 08:57 PM)
not first my pren

few condos before this, all can get keys 14 days after payment clear

in fact even mah sing group can get key 14 days after payment clear lol
*
Wah!!! Can't believe m brand can be efficient nowadays, lol.

Anyway, maybe you can make some different by taking action.
Hope your defect repairing won't drag for 2 mths also after submission
Boomwick
post Jul 9 2025, 10:35 PM

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Can inform what brand is this that is giving u delay?
ahsui
post Jul 9 2025, 11:20 PM

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QUOTE(desmond2020 @ Jul 9 2025, 07:14 PM)
There is a curious situation which I have encounter recently

1. Developer declare VP dated 4th April 2025, and thereafter claim the full loan disbursement

2. Bank release payment within 30 days.

3. Ayam pay all the misc charges and prepayment of maint fee as required.

4. Developer issue letter of clearance

5. Now here is the thing get interesting, developer has asked to set appointment for key collection and earliest slot for appointment is 2 months after date i received letter of clearance

So, under schedule H, clause 27 fully describe how VP should be performed, and I read the whole agreement and nothing say developer can set additional roadblock to key collection after VP

under clause 27(4), I would be deemed taken the vacant possession after 1 month from date of VP declaration by developer.

Seek SIFU advise on this matter.
*
Definitely their problem
Try tribunal court, cheaper, 12month from VP date.
Max 50k claims.

However, not everyone know the procedure to claims, unless hire a lawyer. That's mean cost is higher than your claims. This is why most developer kencing always.

 

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