14/08/2022
When can you sue a property developer? 🔥
In Malaysia, homebuyers are protected under Housing Development (Control and Licensing) Act 1966, also known as .
✨ 1. Non-delivery, or late delivery of vacant possession of your purchased property
Under HDA, a developer must deliver the vacant possession of the property to buyers within a stipulated time: 24 months for landed homes with an individual title, or 36 months for strata-titled properties.
Buyers can take legal action if the property is not delivered within this time frame.
✨ 2. Defects and latent defects to your property
Under HDA, the property developer is required to fix any defects, within the defect liability period , i.e. 24 months from the delivery of VP.
Common , for instance, uneven tiles, paint cracks, scratched windows, leaking pipes, and bad .
Latent defects, on the other hand, are hardly detected, usually appear after the 24-month DLP. Examples of latent defects, are improper foundation works that cause sinking of soil (land subsidence), and cracks on walls due to substandard material used.
✨ 3. Property delivered not in compliance with the specifications provided in the . Example, missing items as per inventory list.
✨ 4. Failure to apply for the strata titles of the project within timeline, pursuant to the Strata Titles Act 1985
Under the Strata Titles Act 2013, the developer must apply for a Certificate of Proposed Strata Plan (CPSP) and the strata titles, from the Department of Survey and Mapping Malaysia ( )’s Director of Survey.
✨ 5. Failure to transfer the individual/ of the property to you
Under the Strata Titles Act 2013, strata titles should be issued upon VP of the property, or within a timeframe determined by the Controller of Housing.
✨ 6. Failure to convene the 1st annual general meeting ( ) of the joint management body ( ) or management corporation ( )
Under the Strata Management Act 2013 ( ), a property developer has to convene the 1st AGM of the JMB within 12 months from VP, and/or the 1st AGM of the MC within 1 month after 25% strata titles transferred to the purchasers.
💎 How to deal with “sick” property
Homebuyers will suffer as they still need to service their home loans.
1. For delayed development, the buyer may file a claim against the developer for at the Tribunal for Home Buyers Claims, or Court.
2. For abandoned development, the buyer may file a claim against the developer for termination and refund of the purchase price, due to a breach of the sale and purchase agreement.
3. For delay or failure to perfect the transfer of strata title, the buyer may file a claim against the developer & the (appointed to manage the developer affairs) to complete the perfection of transfer.
4. Document everything:
Include the advertising brochures, sale and purchase agreement, deed of assignment, receipts, letters, emails, etc.
5. Lodge a complaint:
Through the website of the Ministry of Housing and Local Government/ Kementerian Perumahan dan Kerajaan Tempatan ( )
6. Consult lawyer for legal advice.
Form the owner group so you will have more bargaining power, by sharing the necessary costs and tasks.