Empire City Damansara In Trouble? (4th Update)

Page 1 : Troubled History, New Signs Of Trouble

Empire City Damansara’s Troubled History

Empire City Damansara is a large commercial development project located along the LDP, near the Kepong toll. Occupying a land area of 23 acres, Empire City Damansara would massively increase the number of offices, serviced apartments, hotel rooms and shopping mall space in the area.

Its developer, Mammoth Empire Holdings Sdn. Bhd., who also built the Empire Shopping Gallery in Subang Jaya, originally planned to complete the project at the end of 2014. By the middle of 2013, they were about 60% complete, but development slowed significantly and the completion date was postponed to the end of 2015.

Empire City Damansara Location

By November 2015, the end was still not in sight, but that didn’t stop them from hosting what they dubbed was the “Party of the Century“, with Paris Hilton and K-pop group 2 AM entertaining those lucky enough to be invited. However, the actual opening of Empire City Mall was further delayed to September 2016.

Updated @ 2016-03-15 : Added a new page with the architect’s certificates of completion and 8 new photos.

Updated @ 2016-03-16 : Added a new page with emails and a Letter of Demand that 林家聲 (Lim Kar Sing) received.

Updated @ 2016-03-18 : Added a new Letter of Demand, this time from EDA Architects.

Updated @ 2016-03-20 : Added a new page on the conclusion of this case, with photos of the actual unit.

 

New Signs Of Trouble At Empire City Damansara

Yesterday, 林家聲 (Lim Kar Sing) posted a bunch of photos that were purportedly taken on the 12th of March 2016, when he followed a friend to inspect his unit that was apparently ready for occupancy. Take a look at what he posted :

Yesterday I was drop by Block E, Empire City @ Damansara with my friend.

The developer keep on asking them settle the maintenance fees in order to handover the VP (vacant possession). As per photo, this is what you see.

In this situations, I have some queries:

1- How come ‪#‎EdaArchitect‬ can issue a architect cert saying this is already completed?

2- How come the developer ‪#‎MammothEmpire‬ dare to issue a notice of vacant possessions?

3- I know all bank will answer (in fact, MBB already revert with this STANDARD ANSWER): “Base on our undertaking letter when approved the EF, our drawdown is base on Architect Cert”

Come on, last time when I still with MBB, always kena force to perform site visit on the property (although just a RM 300k property) and business premises. Bank’s EF easily reach RM 500M on this project, does the bank are not required to do a site visit? ‪#‎Maybank‬ ‪#‎UOB‬ ‪#‎AmBank‬ ‪#‎PublicBank‬

4- VP without handover a key still consider VP ? of cause there are no keys, due to the door haven’t fixed as well.

5- Upon VP, my friend need to start paying the installment, should him ?

6- Block A was VP mid of last year, till now also haven’t handover the key, I strongly believe the banks already received a lot of complaint, the question is: WHY STILL CONTINUE DRAWDOWN???

His post was shared over 3,600 times, triggering the Empire City Damansara scandal. There have been many complaints about the Empire City Damansara development, but no one has posted so many startling photos of the units that were ostensibly completed, according to the architect and developer.

Next Page > Maybank Responds, Certification of Completion, New Photos

 

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23 Comments

  1. Read the SPA first

    What we are hearing is that the Developer should have done this, the Bank should have done that, the Architect must should have done this.

    First of all, let’s be clear of the legal binding document – the SPA.
    As mentioned not just clauses 24, 26 & 27, but the entire document which the purchaser has signed, in 2 hardcopies.
    Purchaser also has to initial on every page of the SPA.
    This means the purchaser is of legal age to purchase the property and has read, understood, and is aware of the implication of each word and sentence.
    If the purchase has queries or do not agree to the clause, he or she should highlight or challenge this to the developer before signing the SPA, because this is a potential risk area.

    For example, what is there is a delay? what if the VP condition is not acceptable? architect to certify complete – is it 80% complete, 90% complete or did the SPA mention FULLY complete.

    By signing the SPA, each party enters into a contract which states their area of responsibility.

    Fully agree with the pictures taken, investigation and complaints, and maybe this will be a red flag to avoid buying from the same developer in the future.

    The challenge now is to prove that there is non-compliance to the SPA in order to have a case against the Developer, Bank and Architect. Is the purchaser able to relate to which clause mentioned in the SPA.

    Or the purchase just takes the easy way out, “I don’t know, i just sign the SPA only, anyway, nobody reads the SPA”.

    Reply
    1. Steve

      If S&P is free, chances are one doesn’t read it thoroughly. If got query, the answer will be – everyone has signed so what is the problem? Free some more ask so many questions???

      Reply
  2. wwb

    1st check how then can obtain Ccc the 1st place. 2nd sue the architect for irresponsible certifying work that is not done. Take photo with newspaper to show the date not just taken as it now where they can argue is back date to last year.

    Reply
  3. syeve

    File a complaint with PAM, architect association. Refuse to accept the VP. Group the buyers together, file a case and go to the press. Trying to give VP so they can stop paying DIBS

    Reply
  4. Yam Chee kong

    Paid everything they require me to pay but when ask for keys they said they r doing ‘free renovation upgrade’.

    Reply
  5. Victim

    To all purchasers,
    1) Pls gang up to log report to bank Negara on respective bank who release stage billing without checking.
    2) log report to PAM with all the supporting evidences( photos, stage billing, letters)
    3) Log report housing ministry & local authorities (mpkj)

    Reply
  6. Leong Nicholas

    I am one of the owner as well, mine unit is at block M. It’s not my turn yet but I’m very concern about the progress after their due date on Oct’15. What should we do now?

    Reply
    1. Dr. Adrian Wong

      AFAIK, there’s nothing you can do except wait for your unit to be ready. You might want to check with the developer for progress reports if they are not forthcoming with them. Make sure they are on schedule.

      Reply
  7. Road 2 Perdition

    If you are buying an apartment on a commercial title, the likelihood are as followed:

    1. Utility bills will based on commercial rate (although developers can opt for residential rate but most of the time
    they don’t care)

    2. Stage billing will based on commencement of works whether it’s painting or brickworks. You can’t argue with the architect on that. However, if CCC and VP were given without completion on the unit, amenities, facilities, etc., you may lodge a report to the local council under the Jabatan Bangunan. (MBSA, DBKL,etc).

    Alternatively, you also have a right to claim under your S&P, there is usually a clause called Liquidated Damages for delay in giving VP. In this case developer is issuing VP prior to completion of your unit so that they may not liable to pay any claims for delay. If there are sufficient enough prove that the project are substantially incomplete, a complain may also be lodge to PAM (Pertubuhan Arkitek Malaysia)

    Maintenance charge should also be waive by developer if the facilities are not ready (E.g pool area, badminton court,gym, etc). This will need purchasers group together and talk to the developer’s management. Why pay if you can’t enjoy the facilities.

    Hope that helps.

    Reply
  8. PK

    I am collecting more info to commence legal action against the developer. Anyone want to join me or provide documentary evidence, please contact me @ 0162732863 or 0122512112.

    Reply
  9. How

    Dude, do always consider the last and final impact, what would really happened if we succeed to “kill” the developer. Does that mean we can finally achieved what we claimed for, or the other way round, we all get into deeper shit whereby developer will never be able to finish off their final outstanding / defects and forced to wind up? I personally believed that we all purchases or, those speculators is looking at profit aspect… Assess it wisely…

    Reply
  10. Vivian kiew

    I have brought the unit and have the same excuses and problem, I am worst as they ask me to pay all with little bit of discount due to the bank delayed but after paying they said can’t allow me to go in although I have paid one year maintenance and penalty due to free upgrade. Kindly call me at 012-3813638 if they is legal action on misleading on the collateral contract and undue influence and fraud issues commuted. They have induced me to entry into contact by saying to be common clause after paying 10 percent I found all terms to be unfair contract terms. Based on section 6 of common law, although we have signed it is still can be set aside.

    Reply
  11. Yvonne Than

    today i went for 2nd inspection, defects still remained same as the first time.
    i did my defect inspection from 28/12/2016 till today 22/05/2018.
    Yet my unit still not ready.
    On 3/11/2016, the developer has sent me a notice about the settlement of LAD sum, which is totally not acceptable and doesnt make any sense to us.
    Kindly advise on how/what should i do….

    Reply

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