LAD

Not all apartments are the same

CALL them what you like – small office home office (Soho), small office flexi office, small office versatile office, condotel, hotel suite or butler serviced apartment. The names are coined by housing developers with creative plans to woo investors with enticing marketing tools on yet-to- be-built stratified properties. Where people used to buy an apartment unit/parcel for a roof over their heads, of late, so many other styles have crept up to boggle the minds of investors and buyers. However, for the uninitiated – not all apartments are created equal. Although the sales and marketing brochures may look alike, the small prints will tell you the difference, if you care to take a magnifying glass to inspect. Then again, for the first-timers, they are unlikely to spot the difference. This art...Read More

HBA’s lawsuit obtains greenlight

Lawyers of the National House Buyers Association (HBA) have been granted the ‘leave of court’ to pursue the legal action against the Minister of Urban Wellbeing, Housing and Local Government (KPKT) and Controller of Housing (CH). The lawyers, who have volunteered to represent buyers who have been denied rights to claim for the delay of a project in Kuala Lumpur, obtained the permission from the Appellate & Special Powers Division of the High Court to pursue Judicial Review proceedings against the decision of KPKT and CH on Palace Court, developed by BHL Construction Sdn Bhd. According to HBA’s secretary-general Chang Kim Loong, the class action was commenced by 71 aggrieved buyers against the granting of the Extension of Time (EOT) by the CH, which has denied unit owners the rights for...Read More

HBA takes legal action against KPKT

“Buyers of Palace Court suffered a delay in the delivery of their homes and the granted E.O.T. will now extinguish their compensation rights”, says HBA. The National House Buyers Association (HBA) has declared that it will be pursuing legal action against the Ministry of Urban Wellbeing, Housing and Local Government (KPKT) with regard to a project called Palace Court in KL, developed by BHL Construction Sdn Bhd. The decision, said the association, is so it can challenge the existence of Extension of Time (EOT) issued by KPKT to the developer, which has denied unit buyers the rights for entitlement of compensation in the form of liquidated ascertained damages (LAD) for the delay in delivering vacant possession of purchased units. According to HBA’s honorary secretary-general Cha...Read More

Damages for late delivery

Addressing and defining vacant possession. “MY new house is ready and I can now collect my keys,” or so the house-buyer thinks. No more having to pay rent. But his dreams come crashing down, however, when he is informed that although he may have gained vacant possession, he cannot not move into his house because the Certificate of Fitness for Occupation (CFO) is not ready. Months later, he receives a copy of the CFO, and when he asks to be compensated for the delay, the developer says liquidated damages for late delivery (liquidated ascertained damages or LAD) is calculated up to the date of their notice for delivery of vacant possession and not up to the date of the CFO. Who then is to compensate the house-buyer who has to service a housing loan for a house he or she is not allowed to occ...Read More

Compensation taken away by Housing Controller

AT the stroke of a pen, monies payable to a group of aggrieved house buyers are taken away by the Controller of Housing (Housing Controller). We are talking about a group of house buyers who had suffered losses due to a delay in completion of their homes by their developer and the very ministry that is supposed to protect them signed away their rights and remedies. We are talking about such rights and remedies being taken away from them for the benefit of the very culprit developer who caused them the loss and suffering. What is happening to the Housing Ministry? The ministry many an aggrieved house buyer turns to in times of developer defiance of the law, the ministry house buyers rely on for protection and for all the desperately needed interventions and assistance when a housing project...Read More