Usually, when you decide to buy real property such as a house, apartment, condominium, shopoffice or land, you would probably consult a conveyancing lawyer, who could be recommended by the property agent or someone you know.

However, there may be times when the developer is unable to deliver the project within the stipulated date in the SPA. As a homebuyer, you have a right to claim compensation for the late delivery through the Liquidated Ascertained Damages (LAD) clause in your SPA.

What does all this mean for those who have bought properties that are now being built?

Will they get a property that has been build according to the specifications spelt out in the sales and purchase agreement? Would all the building processes be executed the way they should be?

Previously, CGDB’s judicial review applications were heard on July 17, 2019, whereupon the High Court dismissed CGDB’s application for an Order for Certiorari to quash the Housing Tribunal awards granted to the buyers earlier.

Ever so often, when developers fail to complete their projects on time, they devise ways and means to avoid paying compensation for late delivery or liquidated ascertained damages (LAD) to their house buyers. 

A day after the tragedy, the UK government announced that a public inquiry into the incident would be held. Phase One of the inquiry, released in October 2019, reportedly found “systemic failures” in the London Fire Brigade’s response. Phase Two, now ongoing, examines in-depth, among others, the building’s refurbishment and external cladding, testing and certification of products and fire risk assessments.

With the business model being disrupted by the usage of technologies, how will property agents navigate the scene? Will they be enabled by technologies in their way of doing business or will they be displaced by technologies? 

While the move to provide legislated protection to both landlords and tenants is a progressive and noble one, the what and how of it need to be clear and convincing lest it winds up being an exercise in futility. 

The proposed Residential Tenancy Act (RTA) has been a hot topic of discussion since the year 2020 – which is unsurprising as Malaysia has never had any specific laws or acts governing landlords and tenants. The RTA is set to be tabled in the Parliament in Q1 2022 and the Malaysian government has been seeking feedback for the proposed enactment of the RTA through a one-month public consultation undertaken by the Ministry of Housing and Local Government (KPKT).

Under the current act, which is to be read together with the Housing Development (Control and Licensing) Regulations 1989 (HDR 1989), the developer is supposed to conduct the delivery of VP of the completed property to the purchasers with water and electricity supply ‘ready for connection’.