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关于defect liability period

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发表于 23-5-2011 05:07 PM | 显示全部楼层 |阅读模式
我的新屋defect拖太久了.我打算自己弄比较快.想问问有谁自己弄过后claim developer吗?

看了S&P,除了要通知developer和给修理费用, 还有什么要弄呢? 过程中什么要注意吗? 请帮帮忙,感激不尽!

http://www.horlic.com/what%E2%80%99s-the-definition-of-defect-liability-period-for-malaysia-high-rise-condos-and-apartments/

SALE AND PURCHASE AGREEMENT – DEFECT LIABILITY PERIOD

29. (1) Any defects, shrinkage or other faults in the said Parcel or in the said Building or in the common property which shall become apparent within a period of twenty-four (24) calendar months after the date the Purchaser takes vacant possession of the said Parcel and which are due to defective workmanship or materials or; the said Parcel or the said Building or the common property not having been constructed in accordance with the plans and description as specified in the First and Fourth Schedule as approved or amended by the Appropriate Authority, shall be repaired and made good by the Vendor at its own cost and expense within thirty (30) days of the Vendor having received written notice thereof from the Purchaser.



(2) If the said defect, shrinkage or other faults in the said Parcel or the said Building or the said common property have not been made good by the Vendor within the said period of thirty (30) days under subclause (1), the Purchaser shall be entitled to carry out the works to repair and make good the said defect, shrinkage or other faults himself and to recover from the Vendor the costs of repairing and making good the same and the Purchaser may deduct such costs from any sum which has been held by the Vendor’s solicitors as stakeholder for the Vendor under item 5 of the Third Schedule provided that the Purchaser shall, at any time after the expiry of the said period of thirty (30) days, notify the Vendor of the cost of repairing and making good the said defect, 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 date the Purchaser has notified the Vendor of his intention to carry out the said works and provided further that the Purchaser shall carry out and commence the said works as soon as practicable after the Vendor’s failure to carry out the said works within the said period of fourteen (14) days. In such an event, the Vendor’s solicitors shall release such costs to the Purchaser from the stakeholder sum held by the Vendor’s solicitors under item 5 of the Third Schedule within fourteen (14) days after receipt by the Vendor’s solicitors of the Purchaser’s written demand specifying the amount of such costs.

(3) Subject to subclause (2), where the Purchaser has, before the expiry of eight (8) months or twenty-four (24) months after the date the Purchaser takes vacant possession of the said Parcel as set out in item 5(a) and item 5(b) respectively of the Third Schedule, duly served on the Vendor’s solicitors a copy of the written notice from the Purchaser to the Vendor under subclause (1) to rectify the said defect, shrinkage or other faults in the said Parcel or the said Building or the said common property, the Vendor’s solicitors shall not release to the Vendor the relevant sum held by the Vendor’s solicitors as stakeholder pursuant to item 5(a) and/or item 5(b) of the Third Schedule, as the case may be, until the Vendor’s solicitors shall have received a certificate signed by the Vendor’s architect certifying that the said defect, shrinkage or other faults in the said Parcel or the said Building or the said common property have been repaired and made good by the Vendor.
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发表于 22-11-2012 05:44 PM | 显示全部楼层
我也是一样.被拖得太久了.
想找自己的contractor.有谁懂怎么弄吗?
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