Leisure Farm Community

Market · Oct 24, 2014

Pioneer123 said:
I think you might find this is not quite so straightforward. The Purchaser has entered into a contract with the Developer. If you, as the Purchaser, fail to honour the terms of the contract then you as the Purchaser will be deemed to have breached the contract. It doesn't matter what the bank or the lawyer do as they are only facilitators and not contractual parties that can be held accountable for late payments.

This is the reason why I paid the late penalty fee because if I don't pay then I have breached the terms of the agreement. Once the agreement is breached then the developer is not obligated to pay any late penalty fees if the property goes over 24 months without handover. The issue of blame and reclaiming money can only be done outside the confines of the contract and the SPA (Sale & Purchase Agreement) does not contain a vehicle for consequential losses.

I would recommend to anyone who is in this state (like I was), make the payment to the developer. Do not give reason to break your SPA and then fight it out with the lawyer / bank in whatever way you can.
Crap situation I know but I don't intend to risk Millions of Ringgit over a few thousand just to prove a point (no matter how correct we are).....

Totally agree with Pioneer123.

Buying the property was a happy decision and it should handover as smoothly as possible.

Not a good idea to get into a litigation scenario in Malaysia with the developer who will be managing the property that one will eventually be using after handover.

Paying the few thousand first and then working things out with the banks/developer would be a more prudent approach. Agree to keep focus on the larger picture in the whole scheme of events.

eric3417 · Oct 24, 2014

Yes. Very good advice. Noted on that.

HappyMe · Oct 24, 2014

Ya, i think we all have to pay first just like Pioneer123 said. I also got the late payment interest charge for my previous purchase in LF, and they wanted to charge me more than RM21K!! Luckily, i have all the proof to show that i shouldn't be blamed for, and they ended up reduced the RM21K to about RM6K. To get the property, i also made the payment to LF, too bad.

BabyFace · Oct 24, 2014

Folks, thanks for all the good advice. Fully appreciate.

FHBH12 · Oct 25, 2014

It can't be so many customers had problems with late payment with LF projects while it is unheard of in many other projects :wink:

Valdez · Oct 25, 2014

FHBH12 said:
It can't be so many customers had problems with late payment with LF projects while it is unheard of in many other projects

Yes what I heard was EVERY bayou creek buyers affected.
Mine was originally 21k plus but was reduced to 2k plus.
I paid up to avoid delay in handover. Now trying to claim back from bank and lawyer.

HappyMe · Oct 25, 2014

Have all your proof ready, negotiate with them if it's not your fault. I believe they will reduce the interest charge but don't think they will void it from LF side.

Market · Oct 25, 2014

Glad to know the dialogue and sharing here helped.
Those who bought the BC phase I should easily be up in paper gain by RM1 million at least.
Look at it from the brighter side.
Hope you guys are able to clear up the claims smoothly with LF mgmt and enjoy your new houses.
Congrats!

penpen · Oct 25, 2014

Happened to me too. I was angry initially because it was the lawyers fault. The bank asked the lawyer to verify but no response from them up till now. I paid up the interests amount reluctantly to avoid further delay to handover.

Stang · Oct 25, 2014

Just ask your lawyer to prepare/send a chronology of events to show its not you fault for the late payment, then LF will waiver the later payment interest charge.

I have a Bayou Creek semi d ready to move in by mid-Nov, as well as a Bayou Water Village semi D available in beginning of January . Thinking to sell one of them, or rent out. Anyone knows friend or someone who would like to rent or buy? Please let me know . +65 9838 9283, [email protected] . I'll offer the best deal price/rent rate you could find on the market.

Stang · Oct 26, 2014

You just need to ask lawyer to send chronology of events showing you are not at fault of causing delay, then LF will waiver the late payment interest charge.
By the way, anyone knows a friend/someone who would like to buy or rent ? I have a Bayou Creek SemiD as well as a Bayou Water Village SemiD available, will consider any offers. +65 9838 9283. [email protected]. Thanks a lot.

Pioneer123 · Oct 27, 2014

On a slightly different topic, I am ready to start Reno in November and the contractor has asked me to pay the deposit to LF for the contractor works, which I said no as I should not have to cover the contractor risk in case he damages anything.
He replied saying normal practice here.

Anyone have any experience of this, seems bonkers that I should have to cover the contractors risk?

Legolad · Oct 27, 2014

Pioneer123 said:
On a slightly different topic, I am ready to start Reno in November and the contractor has asked me to pay the deposit to LF for the contractor works, which I said no as I should not have to cover the contractor risk in case he damages anything.
He replied saying normal practice here.

Anyone have any experience of this, seems bonkers that I should have to cover the contractors risk?

Just to share. I believe its the refundable deposit he's talking about. In case any damage to the common areas as a result of the reno, the MA will deduct the cost of repair to the damage from the deposit. It's owner's responsibility based on the house rules. If nothing happens, you'll get the deposit refunded after the reno. You'll also need to fill in a form to state the work to be done and the time for completion.
Hope this helps.

Pioneer123 · Oct 27, 2014

Thanks Legoland, that is what I am talking about.

Although still seems a strange practice, when I have had reno work or moving house etc. done in Singapore the contractor always pays the deposit to the management. Then they have a vested interest to be careful and not cause any damage to the common facilities. If I pay the deposit they don't give a hoot if LF make a claim on the deposit.

checkers · Oct 27, 2014

Hey, welcome to Malaysia. That's how it works here, so unlike in SG.
Many 'strange practices' here. It is just the beginning.

checkers · Oct 27, 2014

You can have a hold on your contractor too. Don't pay them the full amount until they have cleared up all their mess. :smile:

All the best in the renovation process. It is a steep learning curve.

Pioneer123 · Oct 27, 2014

checkers said:
You can have a hold on your contractor too. Don't pay them the full amount until they have cleared up all their mess. All the best in the renovation process. It is a steep learning curve.

Thanks, spent 6 months reno'ing my place in SG, so got some experience and expectation already under my belt :smile:

Market · Nov 6, 2014

Seen rather consistent progress on Bayou Creek Phase II building activities during my recent visit to LF.

Happy to see work in progress.

There had also been some minimal improvement done to the road to Bayou Creek as well.

How are the handover experiences now after the initial issues of handover penalties?

Hope everyone's renovation/home improvements efforts are coming along well and are enjoyable too.

Pioneer123 · Nov 7, 2014

I had my handover last week....peppered the house with little pink stickers of things they need to fix.

To be honest if they had spent some time cleaning the place thoroughly beforehand then there wouldn't be has as many snag points. Only got 3-4 semi serious issues they they have to sort out. Anyway clock is ticking now as they have 30 days to fix everything and hand over to us.

Market · Nov 17, 2014

How's the reno going for new owners?

I have noticed some new owners are already getting work going.

Hope you will have smooth completion.

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