Deliver to us our home at THE QUINTET (www.thequintet.com.my) as promised.
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Date: 3rd August 2018
Dear Mr David Yam,
Our dialogue of 9th June, numerous follow up emails and Whats App messages refers to.
We, the purchasers, would like to bring to your attention again of your obligation to complete the project as stipulated in the marketing materials and deliver to us as promised within the stipulated time.
Let us remind you that housing development is a regulated industry and you are a licensed developer.
Marketing materials included but not limited to brochures, catalogue, newspaper advertisement, website, verbal and etc.
These marketing materials were made available to us on and before all the following processes.
a. signing the booking form,
b. paying deposit
c. signing the Sale and Purchase Agreement
d. signing the Deed of Mutual Covenants
Subsequently, we were asked to take delivery of Vacant Possession under a Perakuan Siap Dan Pematuhan Sebahagian (Borang F1) dated 30th Jan 2018.
Upon taking delivery of Vacant Possession, we were shocked by the discrepancies discovered in the items listed below.
a) Incomplete Active Zone which consist of playground, yoga, taichi, reflexology path, putting green, undulating lawns;
b) Incomplete jogging and cycling trail;
c) Incomplete grand entrance;
d) Unresolved issues with visitors car parks and adjoining road, roads leading to Hijauan Homes and Shop via Jalan Tengkolok;
d) Incomplete children playground, BBQ areas and refuse bin centre;
e) Incomplete games room at the club house which consist of gym, relaxation lounge, games room, sauna room, function hall;
f) Non-compliance of condition (no CCC) in the delivery of Vacant Possession as stipulated in the SPA resultant in unlawful collection of maintenance fee, quit rent, insurance premium and 12.5% draw down from loan provider;
g) Continuous complaints on poor material & workmanship;
h) Issues surrounding the unlawful selling of parking lots (sheltered parking) within common properties;
i) unresolved issue of water erosion on a section of the retaining wall/stone filled wire basket located behind block A3;
j) unresolved issues of cracks on cemented flooring in way of car park between block A3 and club house;
k) awkward positioning of guard house making entry and exit on the narrow entrance a difficult & dangerous tasks; and
l) Incomplete full set of details "approved" documents of property including a copy of the APDL in the SPA comprising of first and second schedules.
As of to-date, issues on poor material and workmanship continues to be reported by purchasers of individual parcel as well as for the common properties.
Having said that and to be fair, we do see some rectification work being conducted eg. relaxation lounge, jogging and cycling trail, children playground, but they are little, slow and unpredictable.
Otherwise the rest remains outstanding till date.
We do not know when will this outstanding be attended too or will they ever be attended too at all.
It is stipulated under the contracts that purchasers have the following options/recourse.
1. Clause 13 of the Sale and Purchase Agreement - Materials and workmanship to conform to description
2. Clause 25 (1), (2), (3) of the Sale and Purchase Agreement - Time for delivery of vacant possession
2. Clause 26 (1), (2), (3) of the Sale and Purchase Agreement - Manner of delivery of vacant possession
3. Clause 27 (1), (2), (3) of the Sale and Purchase Agreement - Completion of common facilities
4. Clause 28 of the Sale and Purchase Agreement - Vendor to obtain the certificate of completion and compliance
5. Clause 29 (1), (2), (3) of the Sale and Purchase Agreement - Defect Liability Period
6. Clause 35 (c) - Interpretation
It is further noted in Third Schedule of Payment of Purchase Price, item 5 where 5% of parcel's amount currently held by the Vendor's solicitors as stakeholder can be withhold until correction to the about outstanding are completed.
Purchasers have considered taking the above actions provided in the contract to preserve and protect our interests.
Similarly, we hope you will honour your promise verbal and written and do let us know of your intention in writing by replying to us within 7 days.
Our last option is to forward this petition to the Minister of Housing and Local Government Puan Zuraida Kamaruddin for assistance if all alternatives fails.
Pro Tem Committee,
The Quintet, Cameron Highlands.
亲爱的David Yam 先生，
随后，我们被要求在2018年1月30日的Perakuan Siap Dan Pematuhan Sebahagian（Borang F1）下接收空置占有权。
b）慢跑和自行车道 - 沒观察到;
c）主要入口 - 没观察到;
d）毗邻的道路，通过Jalan Tengkolok通往Hijauan Homes＆Shop的道路 - 购买者不仅要与公众分享道路，还必须缴费维护费用;
d）儿童游乐场，烧烤区和垃圾桶中心 - 没观察到;
e）俱乐部会所包括健身房，休闲室，游戏室，桑拿室，多功能厅 - 没有建设到休闲室及游戏室;
f）仅与Perakuan Siap Dan Pematuhan Sebahagian（Borang F1）交付空置占有权
g）用于极差的建筑材料和工艺 - 包括个购买者的单位及公共地方;
1.买卖协议第13条 - 材料及工艺以符合说明
2.买卖协议第25（1），（2），（3）条 - 交付空置管有权的时间
2.买卖协议第26（1），（2），（3）条 - 交付空置管有权的方式
3.买卖协议第27（1），（2），（3）条 - 完成共同设施
4.买卖协议第28条 - 卖方取得完工及合规证明书
5.买卖协议第29（1），（2），（3）条 - 缺陷责任期
6.第35（c）条 - 解释
我们的最后一个选择是，如果所有替代方案都失败，请将此请愿书转交给住房和地方政府部长Puan Zuraida Kamaruddin寻求帮助。
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