yeah, right. exactly what i meant. all this while i thought this BF project buyers already signed SPA. without SPA, no contract. a bit difficult. but pressure can still be exerted by interested parties especially given the high profile nature of this development.
Well , it does not meant that without the contract signed by BIW ,there is no case at all.
The SPA has already been signed by buyer in front of the lawyer but hold on by BIW.
Let me give you an example :
Assuming Seller A owned a luxury car and he decide to advertise in the newpaper and set a target price.
Several potential buyers see and make an offer, until finally Buyer B agreed to the target price.
He pay 10% down-payment and get a receipt of the sales. Seller A promised to send his lawyer to complete the paperwork and get the Buyer to signed on the agreement. A few weeks later , he received a higher offer or he change his mind about selling his luxury car and decided to hold back the agreement.
For the purpose of discussion ,if you are Seller A, how sure are you that by holding back the agreement , Buyer B does not has case against you ?
Because there is proof of the offer in the newspaper,witness by several potential buyers and receipt of the down payment.
Buyer are protected by Sales of Goods Act and Consumer Protection Act under the Law of Malaysia.
It is meant to protect the interest of buyer against dishonest commerical companies,
I will bring on another issue on the conflict of interest of using lawyer of the developer on another day as it impact future buyer and for the benefit of new buyer.