Disinformation by developer's lawyer
The lawyer for the developer, Topwira Corporation Sdn. Bhd. wrote to Persatuan Arkitek Malaysia Sabah Chapter (PAM) a letter with disinformation. This letter was then forwarded to PAM Malaysia. PAM did not write to me to verify the authenticity of the contents of the letter.
When I received a copy of the letter from Lembaga Arkitek Malaysia at the end of March 2023, I wrote two emails to the lawyer asking him to explain the wrong information given but have yet to receive a reply.
Are lawyers allowed to write such disinformation and get away with it?
Here are my emails to the lawyer.
I received a letter you wrote to the Chairman Practice Sub Committee 2022/2023 ref: 10058.22.09.29.44/ic-ok dated 29.9.2022.
I would like to know where you obtained the false information you supplied to the chairman Ar. Haji Shahriman Abdullah on that letter.
This is very unbecoming of a solicitor.
Here is what you wrote and my rebuttal.
i. Mr. Faisal Luqman, had at all material time, inspected the property before taking vacant possession of the same on 19.12.2019.
ii. the defect liability period expired on 3.4.2022.
iii. no defect was ever notified within the DLP which expired on 3.4.2022.
Here are my responses to the above:
i. My son, Faisal, has been residing in the US for more than 20 years. He visited Sabah in July/ August 2018 and was not back in KK until June 2022 after the COVID restrictions in Sabah were lifted. It is misleading to say that ‘at all material time Faisal inspected the property before taking vacant possession of the same on 19.12.2019.’
ii. At the meeting on 10.3.2023 the deputy permanent secretary of Local Housing, Mr. Stanley Chong, said that the defect liability period is not over and will be over only in April 2023 taking into account the Covid19 extension. No one at the meeting, including you and Ar. Lee Yik Soon objected to this statement.
iii. I notified the developer, Ms. Jessie Lee and Mrs. Monica Lee the defects within 2 months of receiving the keys except for the steep driveway and the leaking pipes. I complained about the leaking water pipe to the developer only when it came to my attention after I received the water bills in July 2022. This ought to be classified under latent defects.
Soon after Faisal filed a writ on the developer for payment of Liquidated Ascertained Damages (LAD) Mrs. Monica Lee, the developer, said that she will not entertain any further complaints until the court case is over.
I request a response from you immediately so that I may post my email to you and your reply on my blog for my readers who are following this episode closely.
Yours sincerely,
Luqman Michel
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