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legal or illegal..

 
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tricky00



Joined: 10 May 2005
Posts: 98

PostPosted: Sun Sep 25, 2005 7:42 am    Post subject: legal or illegal.. Reply with quote

hi guys out there.. i m first time house buyer.. a poor one..

recently i got into this apartmetn in sri sinar almost completed and the name is prima tiara by csrc developer..

the problem is they web site show lots of promising such as free maintenance for 2 years, no booking fees, max price is RM 165300 but when i check out all this are just simply false info and the price is actually more as they increase the price for the unsold unit but it is above the ceiling price of RM 165300..

if i m gonna take the apartment which means i have to pay 13k more than the original price.. do u think is fair? or legal?

where can i complain?
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aimtrue



Joined: 18 May 2005
Posts: 139

PostPosted: Sun Sep 25, 2005 10:53 pm    Post subject: Reply with quote

If it's a residential property, they are required to state min. and max. prices in their print (newspaper, etc) ads. I'm not sure about websites.

Also, they didn't force or cheat you into buying, since you didn't hand over a single cent.

But yes, it's not very scrupulous of them. Do you *still* want to buy from such people...? Look elsewhere, if you can...
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Dunhill



Joined: 05 Oct 2005
Posts: 75

PostPosted: Fri Dec 23, 2005 2:46 am    Post subject: Reply with quote

Rolling Eyes

Yup, got it wrong goliath...would that then suggest that the developer is free to change prices before we enter into a contract?


Last edited by Dunhill on Sat Dec 24, 2005 7:58 am; edited 2 times in total
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goliath



Joined: 06 May 2005
Posts: 774

PostPosted: Fri Dec 23, 2005 10:55 pm    Post subject: Reply with quote

Dunhill wrote:
I think it can be safely assumed that not all developer's are tech-savvy.

In this case, they may have just updated the brochures and prices, but forgotten certain details in the website.

Finally, it is not illegal. The developer can change prices as they wish, so long as they have the relevant approval. However, if the prices advertised is substantially different, you may have grounds for misrepresentation based on contract law. This is unlikely and has never happened before.

Cheers


dunhill...................u got the law of contract wrong.
..............1st of all an advertisement is just an invitation to treat.............not an offer..................therefore there is no contract yet at this point.
It is when u buy................that u offer to buy and the developer then accept ur offer when u enter into the agreement i.e SPA...................then there is a contract................................so at the point of advertisement how can there be a misrepresentation when there is no contract. Very Happy

Btw.........even after u signed the SPA u can't claim misrepresentation coz u r fully aware of the consideration i.e the purchase price.
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goliath



Joined: 06 May 2005
Posts: 774

PostPosted: Sat Dec 24, 2005 5:10 pm    Post subject: Reply with quote

Dunhill wrote:
Rolling Eyes

Yup, got it wrong goliath...would that then suggest that the developer is free to change prices before we enter into a contract?


Very Happy ...................without our authority interference...................yes the developer is not restricted.......................however if they change the prices then u can choose not to enter into a contract. i.e don't offer to buy.

It is as simple as...................if the price is not right, don't buy.
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nick1994



Joined: 24 Apr 2005
Posts: 6116

PostPosted: Sat Dec 24, 2005 10:12 pm    Post subject: Reply with quote

...having said all that................no harm trying your luck at the Housing Tribunal etc.......make sure u have copies of all the misleading ads and note down now before u forget, what dates & times, names of sales people and what they told ya.......




Malaysian courts normally tends 2 favour the buyers, employees, consumers, etc............notwithstanding whether a contract exists or not.....



eg, no matter what is agreed and clearly stated in an employment contract, one cant fire at will around here..........................
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goliath



Joined: 06 May 2005
Posts: 774

PostPosted: Sat Dec 24, 2005 10:28 pm    Post subject: Reply with quote

.
Quote:
.having said all that................no harm trying your luck at the Housing Tribunal etc.......make sure u have copies of all the misleading ads and note down now before u forget, what dates & times, names of sales people and what they told ya.......


Malaysian courts normally tends 2 favour the buyers, employees, consumers, etc............notwithstanding whether a contract exists or not.....




Very Happy ...............nick, the thing is 1st we must show that we have suffered loses as the result of those misleading ads...................which at this point it is just a misleading ad.................unless u want to claim petrol money. Very Happy
.............however we can report their improper conduct but beside that don't think there is ground for tribunal to take up ur case as u has not suffered any loses as a result...................that is if u did not enter into a contract. i.e did not buy.
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goliath



Joined: 06 May 2005
Posts: 774

PostPosted: Sat Dec 24, 2005 11:22 pm    Post subject: Reply with quote

now...............to make this topic more interesting.

Let's say even after finding out that the ads is misleading..................u still go ahead and buy at the increased price.................i.e now we have a contract.................do u think later u can go to the tribunal and claim that u had been misleaded by the ads and as a result suffered loses due to the increased price which u r fully aware of when u signed ur SPA?.................... Very Happy
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