Scenario
Developer promised the defective repair will take one month to complete, but Ali just realize that the work still half way to go after one month. Developer told him that this is due to lack of raw materials and not their fault.
Is it true that no action Ali can take?
Mythbusted.
In clause 30 of SPA, the developer shall repair the defect in the Parcel within 30 days from the receipt of the written notice from of Purchaser. Should the developer fail to rectify the said defect within the said 30 days, the Purchaser has right to request his own contractor to rectify it by claiming the costs and expenses from the Developer’s solicitors who hold the last 5% Purchase Price as stakeholder Provided That:- 1) the Purchaser shall notify the developer of the costs of repairing; and 2) give the developer an opportunity to repair the same within 30 days from the date the purchaser has notified the developer of his intention to carry out the repair work Therefore you are advised to follow the abovementioned process in order to rectify the complained defect.
So, how much did you know about this Legal Myth? Share with us your thoughts and feedback to us. Ask us a question on AskCA@Thursday or suggest a Myth Buster for us.
Thanks!