I also had this kind of terrible experience back on 2008. Being a first time buyer, I signed the S&P in March 2008, and was promised by the developer that the house will be ready by Nov 2008. Come Nov 2013, developer said before Christmas. Come Christmas, developer said CNY, then Gawai, then Raya, then Christmas again… Never ending story.
Until i changed job and move to Kuching in March 2010, the house is still not complete. Since i am moving to Kuching, i sold the house, and the new buyer keep chasing me for completion date. Called up the developer, they just keep empty promises on the completion date.
So, last resort, turn to the lawyer that did the S&P. I was surprised at that time that how much does the lawyer side the developer. Everything you brought up / complaint about the developer, the lawyer will have something to answer you back. Te lawyer even promised to call me back for updates after he liaised with the developer, but he never call back. Fed up with the lawyer altitude, my final question to the lawyer is then “Can i claim my losses (in terms of rental, since i am renting house at that time)”. Lawyer said yes, but only RM500 per month, only if the project is delayed 2 years after the S&P signing. In other words, you can only claim RM500 per month starting from April 2010. RM500 was written down in the S&P, so better read the clause carefully.
Few days later, the developer call me and sort of like threatened me that they will NEVER complete the house, if I insist of getting the RM500 penalty from them. I was like, how much you earn per house and you cant even afford RM500? If that so, you better live up to you promise on the delivery date.
At the end, the new owner was ‘force’ to move in (with the gate and electricity done) in Jan 2012, and from time to time the developer come into the house to to the final touch up. Pity with the new owner as well…
Unfortunately, there is nothing much you can do for now, as our Sarawak law doesnt protect housebuyer like us. Even if the developer take your money and abandon the project, you can only blame your luck.
If i were you, i will get another lawyer to issue a warning letter first. If still no improvement, then you can start to sue him, or at least make the developer to compensate your anxiety / losses. Get a good lawyer, they will know how to deal with this kind of thing.