Empire City Damansara In Trouble? (4th Update)

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Page 3 : Emails & LODs From The Developer & Architect

Emails & LOD From Mammoth Empire Holdings

On the 15th of March, 2016, 林家聲 (Lim Kar Sing) reported that he received a Letter of Demand (LOD) from Mammoth Empire Holdings’ lawyer, demanding that he remove all his Facebook posts on the issue. Take a look :

  • Letter of Demand from Mammoth Empire Holdings
  • Letter of Demand from Mammoth Empire Holdings

Basically, they are alleging that he posted pictures of the Marriott Hotel floor, not his friend’s actual office suite; and that he took those photos illegally because he was not authorised to enter the premises.

林家聲 (Lim Kar Sing) responded by posting emails he received earlier from Mammoth Empire Holdings themselves :

  • Emails from Mammoth Empire Holdings
  • Emails from Mammoth Empire Holdings
  • Emails from Mammoth Empire Holdings
  • Emails from Mammoth Empire Holdings

Interestingly, the first email shows that Mammoth Empire Holdings admitted that the actual unit is not ready for viewing and inspection of defects.

They covered it up by claiming to be upgrading the unit for free, but what exactly are they upgrading that requires an additional 4 months of work?

This was his response :

1. Yup, the unit DOES not belong to me.

2,3,4: If developer FORBIDS me FROM GOING in, I’m wonderING why the appointment email is only senT to me, and also collect money from me… I thoughT u guys wERE giving me authority to go with my Fren…. Please check your staff email, they only SENT email to me wo… And askED me proceed to THE site office tomorrow…

5 & 6, I’m sure I WAS at 18th floor, but all unitS HAD no door cover, is that considerED AS unauthorised access ?

Friend, funny right ?

Personally, the only valid contention in Mammoth Empire Holding’s LOD) was that 林家聲 (Lim Kar Sing) posted photos of the “wrong floor”.

If that is true, Mammoth Empire Holdings can quickly squash this brewing scandal by quickly posting photos of the actual 18th floor of Block E.

However, if Mammoth Empire Holdings actually brought 林家聲 (Lim Kar Sing) and his friend to view the “mock up unit” at the 14th floor of Block E, which is purportedly owned by the Marriott Hotel, then we can only wonder just how “complete” the actual units are…


LOD From EDA Architects

On the 17th of March, 2016, 林家聲 (Lim Kar Sing) received a letter of demand (LOD) from EDA Architects’ lawyer, Sidek Teoh Wong & Dennis, demanding that he cease and desist from further posting on this issue.

Letter of demand from EDA Architects

IMHO, they are probably correct that 林家聲 (Lim Kar Sing) were not shown the actual 18th floor unit that his friend owned.

After all, the “inspection invitation” email from the developer said that they would be shown a “mock up unit”. Why they would show the Marriott Hotel’s units as the “mock up unit” though is baffling.

Of course, this doesn’t mean he didn’t go by himself to the 18th floor to check (and take photos of) the actual unit on the 18th floor. We have attempted to contact 林家聲 (Lim Kar Sing), but he has not responded.

Next Page > They Forced A Site Visit, Another Owner’s Photos


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  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”.

    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???

  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.

  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

  4. Yam Chee kong

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

  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)

  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?

    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.

  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.

  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.

  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…

  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.

  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….

  12. Gavin Tham

    1st inspection on 02/12/2016, a lot of defeat. i went to the 2nd inspection on May 18 still no much progress. The staff told me that all common area not complete, no electricity and water there. All the walk way got a lot of hole open and not close. the staff also told that developer stop any defeat work for whole 2017 year. developer mentions will pay for the LAD but until today still not receive a single cents.

    Where we can gather to log a report? I’m lost of it.

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