Frequent Blockage of Manhole (Part 3)

Dear Puteri 11 Residents,

Following my comments on the Frequent Blockage of Manhole (Part 2) http://puchongputeri11.blogspot.com/2009/08/frequent-blockage-of-manhole-part-2.html#comments. Please find the following information that I have gathered thus far:

1. According to the original Sales and Purchase Agreement with Flora Development Sdn Bhd (if you are a sub-sale owner and don’t have this copy, you need to get hold of it as it is still applies to you as subsequent owner/assign). Clause 26 is reproduced below:


• Clause 26 (1)
  Any defect, shrinkage or other faults in the said Building which shall become apparent within a period of eighteen (18) calendar months after the Purchaser takes vacant possession of the said Building to which water and electricity are ready for connection to the said Building, and which are due to defective workmanship or materials of the said Building not having been constructed in accordance with the plans and description as specified in the Second and Forth Schedule as approved or amended by the Appropriate Authority, shall be repaired and made good by the Vendor at its own cost and expenses within thirty (30) days of it having received written notice thereof from the Purchase and if the said defect, shrinkage or other faults in the said Building have not been made good by the Vendor, the Purchaser may deduct such costs from any sum which has been held by the Vendor’s solicitors as stakeholder for the Vendor and subject to sub clause (2), the Vendor’s solicitors shall release such costs from such sum to the Purchase within fourteen (14) days after receipt by the Vendor’s solicitors f the Purchase’s written demand.


• Clause 26 (2)
  The Purchaser shall, at any time after expiry of the said period of thirty (30) days, notify the Vendor of the cost of repairing and making good the said defects, shrinkage or other faults before the commencement of the works and shall give the Vendor an opportunity to carry out the works himself within fourteen (14) days from the day the Purchaser has notified the Vendor of his intention to carry out the said works.


• To establish the takeover of vacant possession date, please refer to a form/certification that is signed between Flora Development and Owner (first owner if you are a sub-sale owner) and the 18 months starts from there. I believe most of the property have already passed 6 months from the vacant possession. This means that half of the 5% withheld by Vendor’s solicitor have been released. What is left to safeguard the remaining Defect Liability Period is probably the balance 2.5%, which for my case equals to RM11,995-00.


2. Messrs Swan & Partners is Not the Vendor’s solicitor.
   
   For information everyone, my wife had called Swan & Partners (name of legal firm that was printed on, I believe, most of the original Sales and Purchase Agreements) and established that Swan & Partners is NOT Vendor’s solicitor. Making more interesting is they claim they DON’T know who is the Vendor’s solicitor. I will call Flora Development later to find out the exact details of the mysterious Vendor’s solicitor.

More updates to come.

Regards,

Sai Kit, Ng (saikit74@gmail.com)