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 uSEl**S COntraCtor, CoUrT cASe!!!! (updated 20th nov)

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bryanyeo87
post Nov 18 2007, 11:20 PM

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QUOTE(lucifah @ Nov 17 2007, 11:18 PM)
not valid in court case

unless the contract is signed and witnessed by a practising lawyer firm

and if it's not stipulated in the contract agreement, then it's a no-go. paymentwise or whateverwise.
edti: i am no laywer, but an engineer who deals with this kind of thing quite often. contractor an sub-con trying to threaten you if you withhold payment. so what?
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@bolded part,
or it is stamped at a stamp office within 1 month of signing.


@TS,
Well, best is for you to consult a lawyer who is practicing in this line, because it is quite specific. And it sounds pretty screwed up though :S
bryanyeo87
post Nov 19 2007, 12:15 AM

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QUOTE(krishnath @ Nov 18 2007, 11:30 PM)
uh... uh.. i really thought of that.. just let him to add another case on me bro... i want to continue this thread.. i want to update it according to this case.. maybe i sound quite egoistic but i have to take the chances..  icon_rolleyes.gif what's with kennywong case bro? can u explain more of it? thanks for your honest reply bro..  biggrin.gif

Added on November 18, 2007, 11:34 pm
its not stamped or what so ever bro.. just signed and that's all nod.gif
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If the original document is not stamped or done with a commisionar of oath, then it is not legal, but it still carries water in court, but harder la as well as the government fining u for not paying stamp duty which is about 10x the amount (maximum la)

@bolded part
basically he is suing for defamation as well as slander.

This post has been edited by bryanyeo87: Nov 20 2007, 02:55 AM
bryanyeo87
post Nov 20 2007, 02:32 AM

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My suggestion to you is, to take the contractor up on his threat for legal action.

Firstly, he has to pay the lawyer at least RM 10,000 to start the action.

Secondly, it will take a long time (estimated) 1 to 2 years for the case to be heard, if he is lucky

Thirdly, just before the mention, if you settle the claim in full, there is no more case to be heard so automatically, everything ends there, of course I am assuming you dont have a counter claim, sometimes, if you do have a counter claim backed up by good reasons, the contractor ends up paying you laugh.gif

Either way you win, so friend, ask the contractor to carry out his threat and stop bothering you lol... laugh.gif






Footnote:
Shoot a letter to the contractor, putting all your grouses in writing. This would support your case should you need it later.
bryanyeo87
post Nov 21 2007, 02:36 AM

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Did you know that, if i were to write a contract on a toilet paper, it is admissible and it is a valid contract? But with proper witnessing.

Not paying stamp duty will only get you fined up to 10x the amount due (stamp duty)

But sometimes, you need to study the case and law yourself, as lawyers must not be trusted 120% fully in any event. and the advice given must be taken with a pinch of salt unless it is a fully trusted lawyer which has proven to you time over time to be truthful and reliable biggrin.gif

This post has been edited by bryanyeo87: Nov 21 2007, 02:37 AM
bryanyeo87
post Nov 21 2007, 03:46 PM

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QUOTE(schizophrenic @ Nov 21 2007, 01:29 PM)
I am pointing out the legality of the contract and the effect of not stamping it and how it affects its admissibility.

I did not and have no intention of discussing the probative value and the weight to be attached to the details given.

Though I'll pose these questions. When you mortgage your house to a bank, will your bank stamp and bear the charges of stamping the Loan agreement for you? When you purchase a property direct from developer, will the developer stamp and bear the charges of stamping the S & P for you?
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Depends on the developer biggrin.gif
bryanyeo87
post Dec 2 2007, 04:06 AM

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QUOTE(schizophrenic @ Nov 21 2007, 08:46 PM)
Name me one developer who actually bears the disbursements(Stamping duty among other cost) of the Sale & Purchase transaction.
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Austral Development Sdn .Bhd. for Austral Yaara Link, Puchong



Thats why i said it is depends on developer mar
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