Editorial Notes:
- This is a Notice of Demand to claim Liquidated Damages from the Developer/Vendor due to Late Delivery of Vacant Possession to the purchaser.
- Vacant possession means the right to occupy and enjoy the property either by the owners themselves or by the tenants or licensees. (Topfell Ltd v Galley Properties Ltd [1979] 2 All ER 388 at 390 Ch D)
- Time for Delivery Vacant Possession shall be delivered within 36months-48months (subject to approval from the authority).
- Liquidated Damages is calculated 8%-10% per annum based on the full purchase price/ /the remaining unpaid amount as at the agreed date pf delivery of vacant possession.
Reference No: ____________
Date: _____________
(Opposing Party’s Correspondence)
Dear Sirs,
Re : NOTICE OF DEMAND
Vendor : _______________
Purchaser : _______________
Property : Parcel __, Storey __ (Property’s details)
We act for _____of ______(Address)_____
We are instructed by our clients to state:-
- that our client is the purchaser of the above captioned property pursuant to a Sale and Purchaser Agreement dated ________(hereinafter referred to as “the said Agreement”) entered into between you, ________ of the one part and our client of the other part upon the terms and conditions contained therein;
- that pursuant to Clause ____of the said Agreement, you have failed to deliver vacant possession of the said property to our client within ___ months from the date of the said Agreement.
We are instructed by our client to claim from you liquidated damages which our client is entitled to pursuant to Clause ____of the said Agreement, particulars whereof are appended as follows:-
Purchase Price X 10 X days = RM
365
Total liquidated damages as at (Current Date) is RM_______
We are instructed by our client to DEMAND from you which we hereby do, payment of the said sum of RM_____together with further liquidated damages accruing thereafter from __(Date)__ and the sum of RM_____being the cost of this notice within 14 days from the date of receipt hereof, failing which we have strict instructions to commence legal proceedings against you without any further reference to you and in which event we shall hold you liable for further interests and costs incurred thereby.
Yours faithfully,
_____________________
Advocates & Solicitor
cc. (Client’s Correspondence)
