Frequent Blockage of Manhole (Part 4)

Here are some updates, information of which is very useful for all especially all sub-sale owner. My encounter today, which reminds me that I am in Malaysia true heritage that is around for 52 years – things get passed around.

For information to all Puteri 11 residents, all defects are now handed by Cik Manisah (manisah@ioigroup.com or 03-8064 8801). Through her I learnt that I need to talk to Ms. Christine Wong of Sales Administration (03-8947 8632) to get information of Stakeholder who is withholding the final 2.5% retention sum which could be claimed for defects not made good by Vendor (Flora Development).

From my first conversation with Christine Wong I established that the stakeholder is Messrs Soo Thien Ming & Nashrah (details as follows).

Messrs Soo Thien Ming & Nashrah

No.1, 1st Floor, Jalan SS2/55,

47300 Petaling Jaya, Selangor

Tel: 03- 7874 8763

Fax: 03- 7874 4314

Legal assistant: Ms. Nicole

Lawyer-in-charge: Ms. Seow Yeat Wern

To my surprise, despite the transfer of title is completed months ago and I have even received quite rent assessment under my name, the stakeholder list with Soo Thien Ming & Nashrah still shows Mr. First Owner (identity withheld for privacy reason) as the rightful owner of the retention sum, NOT ME! So they were a bit hesitant to help due to lack of verification. But in any case, I learnt from them that all I need to do to stop release of the retention sum is to write to them and confirm via phone that they have received the letter. Sounds too simple but I guess the justification needs to be sound – which makes it difficult for layman like us to provide technical explanation of defects etc. That’s another big topic to be explored, I believe. Anyway, at least I managed to establish who is the stakeholder lawyer and at high level what I needed to do to proceed from here.

My conversation with Messrs Soo Thien Ming and Nashrah led me to second conversation with Christine Wong.

I called her again to ask why the list of stakeholder (for my unit) is not updated? Then she struggled a bit with explanation that normally for sub-sale transactions, updating stakeholders list or any other matter relating to changes to ownership do not go through Developer. Hence, Developers are not in the position to inform anyone.

Granted, usually that is the case. But for my case because the Mr. First Owner wanted to save the transfer fees (RM10,000+), he managed to get a waiver from Flora Developer and got away with a direct transfer i.e. he skipped the process of taking the title and then transfer the title to me. So, that excuse of Developer not aware does not hold water. I told her this arrangement but the conversation led to another non-committal remarks from IOI i.e. I can liaise with Soo Thien Ming & Nashrah and in the event that any confirmation required from IOI, they will do their best to help. Really?

To all sub-sale owner: If you think the little effort is still worth it i.e. to ensure you are the rightful stakeholder of the retention sum before expiry of Defect Liability Period, please make sure that you have done the necessary (which I will definitely share with all once I progress with my case). Anyone with experience, please enlighten me. Thousand thanks in anticipation.

On this aspect, my question is - who should be informing the stakeholder’s lawyer during a sub-sale transaction where in the Original Sale and Purchase Agreement is completely silent about the contact details? I believe Developer should either ensure that stakeholder lawyer particulars are included in the S&P or they owe all Purchase (subsequent purchase) some constructive obligations to make sure the list is updated as Developer still owe to all rightful owners obligations during the Defect Liability Period.

I will go through all my documents and will establish further how to go about it from here. Will update again.

Regards,

Sai Kit (saikit74@gmail.com)