Couple sue developer over condo floor area

animian

Well-Known Member
Couple sue developer over condo floor area

They say they're misled into buying EC of smaller size, file suit over $1m

By Selina Lum

A COUPLE has sued a developer claiming they had been misled into buying an executive condominium (EC) with a floor area of 167 sq m when in fact the unit had a floor area of only 147 sq m.

The penthouse unit at Blossom Residences in Bukit Panjang has a second-floor rooftop terrace over the first floor except the living and dining area, which has a high ceiling of 4.2m.

The 20 sq m area in question is the empty space not taken up by the rooftop terrace.

The couple, who paid $56,050 for an option to purchase the $1.1 million unit, have sued condo developer Grand Isle Holdings, a subsidiary of City Developments Limited (CDL), for damages.

Mr Toh Her Chiew, 42, an IT manager and Madam Ling Mee Chow, 43, an accountant, are seeking more than $1 million for the lost opportunity to buy another EC as their income now exceeds the $12,000 eligibility ceiling.

However, the developer maintains that there was no misrepresentation on its part.

"As a reputable developer, it takes a serious view of the allegations and will vigorously defend these claims," said a CDL spokesman in a statement.

The developer notes the couple had under-declared their combined income by $370 when applying to buy the EC.

CDL says its marketing agent had highlighted to the couple that the unit came with a high ceiling over the living and dining area; this was also reflected in the sales brochure.

The developer says the option to purchase signed by the couple clearly stated the area of 167 sq m included the air-conditioner ledge, roof terrace and void.

An eight-day hearing into the case is scheduled to start on Wednesday in the High Court.

In September 2011, the couple visited the sales gallery for the EC, planning to upgrade from their five-room HDB flat.

They decided to buy the penthouse unit, paid $56,050 as the booking fee and signed an option to purchase.

About two months later, the couple complained.

They say they learnt about the void space only after going through documents that were sent to them together with the sales and purchase agreement.

The couple decided not to exercise the option to purchase. As per their agreement, the developer refunded them 75 per cent of the booking fee, which came to about $42,000.

In their lawsuit, the couple allege that the sales agent from ERA Realty Network, hired by the developer to market the condo, had misrepresented to them that the unit had a "built-in area" of 167 sq m.

The couple, represented by Mr Vijay Kumar Rai, say that the agent hid or omitted to mention the existence of the void space, which made about 12 per cent of the unit's total area unusable.

The developer, represented by Senior Counsel Ang Cheng Hock, says the agent did not use the term "built-in area" but told the couple the "size" of the unit was 167 sq m, which was true.

CDL is now seeking the return of the $42,000 which it had refunded to the couple, on the grounds that they had falsely declared their income.

[email protected]

http://www.straitstimes.com/premium...-sue-developer-over-condo-floor-area-20131022

hmmm who will win
 
Re: Couple sue developer over condo floor area

Under declared could still buy?
 
Re: Couple sue developer over condo floor area

I think Developer will win. This is one important thing buyers must take note of, the void, Aircon Ledge and PES. I will always tell my customers especially first time buyers about it, buy house should be a happy thing.

How to use the space with 4.2m high ceiling? Hang a giant Crystal Chandelier lor, I think very nice, not everyone's house can hang those. :)
 
Re: Couple sue developer over condo floor area

they hv money to fight in court meh?
 
Re: Couple sue developer over condo floor area

Mockngbrd;1043674 said:
Under declared could still buy?

maybe they trying their luck .... penthouse at only slight more than $1m..if dun get caught ... the returns are high leh...
 
Re: Couple sue developer over condo floor area

wah ... too many people i want to sue for "lost opportunity" each time a car cut into my lane and making me late for closing a million dollar deal :lol:

Mr Toh Her Chiew, 42, an IT manager and Madam Ling Mee Chow, 43, an accountant, are seeking more than $1 million for the lost opportunity to buy another EC as their income now exceeds the $12,000 eligibility ceiling.
 
Re: Couple sue developer over condo floor area

the tax man sure on their tail liao.... #epicshortsightedness
 
Re: Couple sue developer over condo floor area

i thought the OTP is subject to HDB approval right?
if income exceeds $12K the deal is off ... isn't it?

since salaried worker (IT Manager and Accountant), take home pay sure choon choon one ... unlike commission based ... can anyhow say high or say low depends on need :D

animian;1043680 said:
maybe they trying their luck .... penthouse at only slight more than $1m..if dun get caught ... the returns are high leh...
 
Re: Couple sue developer over condo floor area

wt_know;1043685 said:
i thought the OTP is subject to HDB approval right?
if income exceeds $12K the deal is off ... isn't it?

since salaried worker (IT Manager and Accountant), take home pay sure choon choon one ... unlike commission based ... can anyhow say high or say low depends on need :D
one agent ever tell me ... if exceed by a couple of hundred can applead to hdb one
by having said this... the couple has underdeclared and broke " the law" so do what also no used lioa cos they are in the wrong 1st
 
Re: Couple sue developer over condo floor area

like aircon ledge lor ...
a slab of useless concrete ...
 
Re: Couple sue developer over condo floor area

20 square meter = 215 square feet..... thats like a small bedroom leh....

anyways, undeclare income...iras come knocking....

#orhbegoot
 
Re: Couple sue developer over condo floor area

Developer low class defense ..... Of all the things to bring up .... Bring up $370 under declared salary. Now there is a question how many people under declared ?

This case is of public interest now unless gahmen not interested .....
 
Re: Couple sue developer over condo floor area

I think it brings up some awareness. Home buyers will scrutinise those fine prints on the sales contracts. Lamwyers huat.
 
Re: Couple sue developer over condo floor area

fine prints is to protect developer not buyer ...

kenntona;1043770 said:
I think it brings up some awareness. Home buyers will scrutinise those fine prints on the sales contracts. Lamwyers huat.
 
Re: Couple sue developer over condo floor area

wt_know said:
fine prints is to protect developer not buyer ...

Of course, protection is always to whomever who paid the legal fees for the documentation.
 
Couple sue developer over condo floor area

Best developments have many bay windows. Complain it is useless GFA to get good discount, but after that save money no need to buy bed. Damn solid, not scared piak piak piak until bed also piak. Plus excellent view when in action. GPGT...

f7eba610be389c63289c7228c286e9b4.jpg
 
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Re: Couple sue developer over condo floor area

Mockngbrd;1043746 said:
so what does the "void" look like in real life? Just a slab of pillar? or empty space?

empty space.. basically one part of the hall has a lower ceiling than the other part. usually in the living or dining area.
had an apartment with this "void" many years back... was told can build a loft by the agent when bought the unit, but apply and appeal after 2 years always rejected... but that was in the late 90s... too young and naïve then..

View attachment 56190
 
Re: Couple sue developer over condo floor area

empty space not taken up ... who not taken up? the developer not building the rooftop terrace?

By Selina Lum

A couple has sued a developer claiming they had been misled into buying an executive condominium (EC) with a floor area of 167 sq m when in fact the unit had a floor area of only 147 sq m.

The penthouse unit at Blossom Residences in Bukit Panjang has a second-floor rooftop terrace over the first floor except the living and dining area, which has a high ceiling of 4.2m.

The 20 sq m area in question is the empty space not taken up by the rooftop terrace.

The couple, who paid $56,050 for an option to purchase the $1.1 million unit, have sued condo developer Grand Isle Holdings, a subsidiary of City Developments Limited (CDL), for damages.
 
Last edited by a moderator:
Re: Couple sue developer over condo floor area

AHHhhhh ok.... void is that space...

i "heard" u can build loft if it's a "temporary structure".. but not sure how much you can stretch that rule
 
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