Advertisement

What is DIBS? What is the rules for progressive interest bearing

2904 Views  ⚫  Asked 7 Years Ago
asked on May 21, 2011 at 04:54
by   kc
edited on Dec 29, 2017 at 03:38
 
I really need an expert to help me on my current difficult situation.

Early last year I had bought 1 landed property. The developer offered me the package as zero interest until completion.

After 1 1/2 years construction work, recently I received an interest billing from banker on the interest charged, but the letter clearly stated that the interest will borne by the developer.

However, 1 week later, I received another letter from the developer stating that I have to pay for the interest charged with the supporting of certificate of practical completion dated October 2010.

My questions are:

1. If the banker sent me the interest billing which clearly stated the interest will borne by developer, can the developer send me the letter by c.c. the banker (but the banker didn't receive it)?

2. I did check with the banker, according to the officer, the loan package I took was DIBS, meaning all interest will be borne by developer until "completion", however, she can't clearly explain to me what is the definition for completion. How could the developer just sent out the letter to the purchaser without their lawyer concern?

3. What rules that actually protect purchaser if we face irresponsible developer? Any government authority can we file the complaint against them?

4. As the Occupational Certificate (OC) issuance has been delay for almost 6 months since the last committed date, but developer didn't explain to us the real situation of the delay of OC. We could not do much against them, because they have 24 months period to deliver the property, we can only claim from them after that. My query is, what type of issue will cause such a long delay? Will the project become suspended later on? What law actually protects purchaser in this case?

I sincerely hope someone could help me to understand more the issue. Millions thanks.
0 had this question
Me Too
0 favorites
Favorite
[ share ]
3 Answers

answered on Oct 18, 2013 at 07:00
by   New Agent
edited Dec 29, 2017 at 03:40
 
Here's some info shared by an experienced person: https://www.facebook.com/myinvestmentblog/posts/502005663156186

What is DIBS?

Recently, there have been many property developers who proudly advertise in their sales brochure that their product is offered with DIBS. Is it good for the buyer?

DIBS stands for 'Developers' Interest Bearing Scheme'. It is based on the traditional progressive payment formula or what is known as 'Sell then Build'. The buyer obtains a loan from the bank which then disburses the money to the developer based on the percentage of completion of the property. The only difference is that the interests towards the progressive payments are borne by the developer.

But what if the project is abandoned? Well, you the buyer still owe the bank the amount you borrowed house or no house. Unfortunately, the banks are not going to be sympathetic to your plight. You will have to pay them back whatever sum that has been paid to the developer.

So buyers beware! Do not be enticed by fancy words. Always check the developer's background. Do your homework.
Hope this helps...
0 found this helpful
Helpful

answered on Oct 22, 2013 at 21:33
by   ATWL
edited Dec 29, 2017 at 03:42
 
No authority is able to help you if the property is still under construction.  I've just got a phone call from Kementerian Perumahan dan Kerajaan Tempatan (KPKT ) stating that I have no other choice but to pay the interest.  I can then go to tribunal to claim back my interest after the property is completed.  This is ridiculous right?  I don't believe there is no law or rules to rule against developers!

My case is more on the developer at first promised to refund the interest paid by buyer whenever we paid, now they change the refund cycle by quarter.  This T&C were not stated in S&P nor loan agreement.  They issued a letter after we have signed all documents and stating that they will only refund by every 3 months.  I've complained to Bank Negara Malaysia (BNM) (because RHB has claimed that their customers have no issue claiming back the interest paid) and KPKT, but I guess as a consumer, we are at the losing end.  It's so sad that consumers in Malaysia are so unprotected!
0 found this helpful
Helpful

answered on Dec 19, 2017 at 11:32
by   LLim
edited Dec 29, 2017 at 03:43
 
Dear Sir/Madam,

Reading through the DIBS issue above. May I seek for your professional advice from here as I have just received a letter from the developer claiming interest paid to bank under DIBS scheme & I think it is because that I'm claiming LAD from them. 

Can the developer claim the interest paid to the bank from me under DIBS scheme? The property has already completed & handed over nearly a year.

For the matter on LAD, the developer claimed that have obtained extension approval but later there is a news disputed their right on extension.

Hope to hear for your advice soon, Thank you very much!
0 found this helpful
Helpful

Your Answer





By posting your answer, you agree to the privacy policy, cookie policy and terms of service.