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Liquidated Ascertained Damages (LAD) payment for late delivery of vacant possession

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asked on Jan 16, 2018 at 13:54
by   nimmy
edited on Jan 31, 2018 at 14:07
 
Here is my situation:

The Sale and Purchase Agreement was signed on March 23rd, 2015. It is a double storey terrace which puts it into Schedule G. In short, developer has 24 months to deliver the house. Failing this criteria, developer has to pay 10% of purchase price until purchaser has signed the delivery of vacant possession document .

Developer has contacted me to go their office on 22nd of January 2018 to get the keys and formally conduct site visit before signing off the documents.

I would want to get the keys but I also want them to pay me for the late delivery. That is quite a sum. Probably around RM 27,408 (308 days).

How can I request for the payment? Or when should I be requesting for such payment?
What happens if the developer does not agree to pay? What can I do?
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2 Answers

answered on Jan 16, 2018 at 18:53
by   vkpc
Taking delivery of the property does not mean they do not have to pay for late delivery later.
Do not sign anything before reading it carefully.

How can I request for the payment?
You can send them a letter.

When should I be requesting for such payment?
Anytime after taking delivery.

What happens if the developer do not agree to pay? What can I do?
You can sue them in Housing Tribunal, but only can claim up to RM 25,000
In this tribunal, no lawyer is allowed. Do not wait longer than 12 months!

http://www.nccc.org.my/v2/index.php/portal-pengguna/tribunal/tribunal-pembeli-rumah
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answered on Jan 17, 2018 at 21:10
by   nimmy
Appreciate your answer. Will take note on your advice. Hope this matter will go smoothly without any dispute.
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