PROPERTY LAW – CHARGED BUT NOT IN CHARGE: COURT PROTECTS HOMEBUYERS OVER LENDERS IN LANDMARK RULING
In Champion Score Sdn Bhd v Mohd Sobri Chew bin Abdullah [2025] 3 MLJ 732, the Court of Appeal robustly affirmed that developers, having received full payment, become bare trustees without power to encumber properties. The Court decisively canceled an improperly created charge, emphasizing that financial institutions must diligently scrutinize developers’ authority under powers of attorney. This landmark decision highlight judicial commitment to protecting homebuyers, reinforcing statutory and public policy safeguards against developer misconduct.
TORT OF NEGLIGENCE – STRATA MANAGEMENT – HOLDING DEVELOPERS ACCOUNTABLE FOR DEFECTS – A WIN FOR CONDO OWNERS!
The decision in Badan Pengurusan Bersama Subang Parkhomes v Zen Estates Sdn Bhd (Fadhlullah & Associates Consulting Engineers Sdn Bhd) [2025] 7 MLJ 780 emphasizes developers’ clear duty of care toward condominium residents, reinforcing their responsibility to properly rectify defects. It highlights the essential role developers play in ensuring quality and compliance, protecting residents from bearing unnecessary financial burdens arising from poorly completed projects.
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.
PROPERTY LAW – STRATA MANAGEMENT ACT 2013 – REGULATING SHORT-TERM RENTALS: A LEGAL PERSPECTIVE ON STRATA MANAGEMENT AND STATE LAWS
This analysis examines the legal interplay between strata management by-laws and state mandates, particularly focusing on the regulation of short-term rentals within managed communities.
NUISANCE – EVALUATING LEGAL NUISANCE IN GATED COMMUNITIES
X’s manual operation of boom gates due to unpaid fees does not constitute an actionable nuisance under common law, focusing on community security over individual inconvenience.
MANNER TO DELIVER VACANT POSSESSION
Incomplete Utilities in Delivered Property Compensation
OVERVIEW OF TORRENS SYSTEMS IN MALAYSIA
Malaysia’s land law and transactions are guided by the Torrens System, which ensures that the land registry accurately reflects all vital details about the land’s registered owner. As per Section 89 of the National Land Code 1965, Malaysia’s land law and transactions are guided by the Torrens System, which ensures that the land registry accurately reflects all vital details about the land’s registered owner. As per Section 89 of the National Land Code.
PROPERTY LAW – CO-PROPRIETORSHIP – TERMINATION
This legal updates will set out whether there is a need for co-proprietor to first show there is a request for land to be partitioned before applying to court for termination of co-proprietorship for land to be sold.
PROPERTY LAW – DELIVERY OF VACANT POSSESSION – VALIDITY OF THE EXTENSION OF TIME – LAD
When does the LAD start to commence? On what grounds the Housing Controller’s decision to extend the time for vacant possession can be disputed? Judicial Review Application
EQUITY – RELIEF PT. 1: RECOVERING POSSESSION OF IMMOVABLE PROPERTY
What is specific relief? How can properties be recovered under the rule of equity? Part 1: Recovery possession of Immovable property
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