REAL ESTATE, DEFECT LIABILITY AND RECTIFICATION

I have just taken vacant possession of my new strata property. I have discovered that the ceiling is leaking. I have requested the developer to fix it. They did not. They kept delaying. What can I do?

Clause 30 Schedule H of the Housing Development (Control & Licensing) Regulations 1989 (“HDR 1989”) (which is also a clause in your sale and purchase agreement) requires developer to repair defects within 30 days after having received written notice from the Purchaser. If the developer refuses to do that, the purchaser can fix the defects themselves. Purchaser may deduct the costs from the sum held by the Vendor’s solicitors as stakeholder.

What is the procedure?

  • Step 1:

Issue a written notice stating the defective workmanship or materials.

  • Step 2:

Wait for 30 days.

  • Step 3:

Notify the developer the costs of repairing and making good the defects.

  • Step 4:

Give the developer an opportunity to carry out the repair works themselves within 30 days from the date of notification in Step 3.

  • Step 5:

Repair the defects after 30 days expires.

  • Step 6:

Tabulate the costs of rectification and issue a letter of demand to the developer’s solicitors claiming for the costs.

  • Step 7:

The Developer’s solicitors shall within 30 days release the costs to the Purchaser.

  • Step 8:

If the Developer’s solicitors neglected, fail and/or refuse to release the payment to the Purchaser, lodge a formal complaint to the Bar Council. You may also consult your lawyer to commence legal action or you may file a claim at the Tribunal for Homebuyer’s Claim (for claim up to RM50,000.00 only).

Do you require further assistance ? do contact us directly at http://yhalaw.com.my/contact-us

Recent Post

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

The dismissal of X by Company ABC, citing economic downturns, presents a compelling case on the complexities of employment termination and retrenchment legality. X contested his redundancy, claiming his role in property management and services was unaffected by the property development market’s challenges. This case probes into the legitimacy of retrenchment under economic duress and the employer’s duty to act in good faith, as guided by Section 20(3) of the Industrial Relations Act 1967. The burden rests on Company ABC to prove the necessity and genuineness of X’s redundancy, with failure to do so possibly leading to a verdict of unjustified termination. This scenario underscores the critical importance of evidence and intention in retrenchment cases, as reflected in precedents like Akilan a/l Subramanian v. Prima Awam (M) Sdn Bhd.

Read More »

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.

Read More »

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

In cases of compulsory winding up, the court would appoint a liquidator under s.478 of the Companies Act 2016 (“CA 2016”) to expeditiously recover and realise the assets of the wound-up company for the distribution of dividends to creditors and administer any outstanding matters involving………..

Read More »

JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

This excerpt illuminates the foundational principles of judicial review as outlined in Order 53 of the Rules of Court 2012. It highlights the criteria for challenging public decisions on grounds of illegality, irrationality, or procedural impropriety. Central to the discussion is the question of timing in judicial review applications, particularly in cases of procedural unfairness. The practical scenario underscores the significance of a “decision” by the relevant authority as a prerequisite for locus standi, drawing insights from the case of Hisham bin Halim v Maya bt Ahmad Fuad & Ors [2023] 12 MLJ 714.

Read More »

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

This legal updates explore the principles governing the interpretation of agreements, emphasizing the importance of clarity and unambiguity in contractual terms. It delves into a key issue involving restrictions on remedies for breach of contract, shedding light on the court’s commitment to upholding plain meanings. The illustrative scenario involving shareholders X and Y dissects a pertinent clause, showcasing the delicate balance between restricting remedies and ensuring fairness in legal proceedings.

Read More »
en_USEnglish
× How can I help you?