Many may not be aware that they have generally six years’ period to commence legal action to enforce their rights if they suffer from any physical or financial injury. This is stipulated under Section 6(1)(a) of the Limitation Act 1953.
Indeed, there are responsible developers in our midst, whose names are synonymous with quality and trust
The housing and local government ministry (KPKT) has often advocated in the media that the ministry will be passing new laws for the protection of house buyers. Then why don’t we have a new clause in the statutory SPA to allow purchasers to “inherit” the manufacturers’, contractors’ and suppliers’ warranties given to the housing developers?
The pandemic has changed the way homeowners use and enjoy the common properties of their subdivided buildings.
Why is this decision so important? And how could this protect the rights of property buyers?
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Datuk Chang Kim Loong: In the context of the SMA, the awards and the grounds of awards handed down by the Tribunal can serve as an invaluable source of reference for the public.
Datuk Chang Kim Loong: The National House Buyers Association (HBA) has received numerous complaints where developers had failed to redeem from the onset but instead paid off the redemption sum at the last stages of the schedule of payment.
In a landmark decision on Jan 19, 2021, the Federal Court has delivered its grounds of judgement in respect of the case of PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Another & 6 Other Appeals. It has finally clarified the legal position as to when time starts to run, in respect of VP of the property.
Datuk Chang Kim Loong: Eventually, it is the purchasers who lose — their houses are taken away; they have to settle their mortgage loans with increasing interests; and they are blacklisted, which means they can never borrow again and never buy houses again!
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