Empire City Damansara In Trouble? (4th Update)

Page 4 : They Forced A Site Visit, Another Owner's Photos

They Forced A Site Visit

On the 17th of March, 2016, 林家聲 (Lim Kar Sing) paid a visit to the Kepong office of DAP Member of Parliament (Segambut), Lim Lip Eng to seek his advice. The MP assigned his assistant, Mr. Pui, to help resolve this issue. As it happens, Mr. Pui had contact with one of the bosses of Mammoth Empire Holdings and promised to bring him and the other concerned owners (with VP and/or keys) for a site visit.

On the 19th of March, they set out for a site visit but were denied entry because they “did not make an appointment in advanced“. According to Mr. Pui, owners whose units have been certified as fit for VP (Vacant Possession) have the right to enter their units without hindrance. In fact, they can lodge a police report if the developer bars them from entry.

Eventually, it took a call to the developer before a representative came to “assist” the owners in viewing their units. Lim Kar Sing wanted to view all floors that were certified VP, but was denied. He was only allowed to view his friend’s unit. Mr. Pui himself was not allowed to join them for the viewing. Take a look at the pictures he took :

  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?

As you can see, the actual unit and the corridor and lobby on that floor look largely completed although there was still some work to be done. The representative claimed that their staff accidentally brought them to a “construction floor”, instead of the “actual floor”. However, they were not permitted to view other areas, not even the stairwell “for safety reasons”.

After the visit, 林家聲 (Lim Kar Sing) issued a public apology to the developer and architect for alleging that the first set of pictures he posted was from the 18th floor.

I would like to apologise to the developer and the architect for my previous post which due to wrong level of the building I have went to, although it is bring by your representative.

  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
  • Empire City Damansara In Trouble?
When he asked the representative why they were brought to that “mock up” unit that was in such a bad condition, he had no answer. In the end, he posed these questions to the developer :

  1. What is the definition of the developer’s ‘Vacant Possession’?
  2. What is the reason that an appointment is required for any owner with VP to enter his/her own unit?
  3. When can they obtain the CCC (Certificate of Completion and Compliance)?
  4. What is their definition of ‘Practical Completion’?

He also pointed out that despite the notice of Vacant Possession and issuance of keys to some owners, there is no electricity or water supply to any unit in the whole of Block E. According to the developer, this is because they have not turned on the main power and water supplies.

 

Another Owner’s Photos

Another Empire City Damansara owner reached out to me with concerns about the work progress and quality of the work done so far on his/her unit. These are pictures taken in early February of a SOHO unit in Block D :

Empire City Damansara Block D SOHO unit (early February 2016)

  • Empire City Damansara Block D SOHO unit (early February 2016)
  • Empire City Damansara Block D SOHO unit (early February 2016)
  • Empire City Damansara Block D SOHO unit (early February 2016)

We’re waiting for more details from the owner, but as we understand, the owner was offered the keys to the unit but refused to accept them. We will update the article with more details and photos when we get them.

Did you purchase any property in the Empire City Damansara development? We would like to hear from you.

 

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24 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
  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.

    Reply
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