THE next time you take vacant possession (VP) of your new home, you may want to thoroughly check that the property is indeed what you paid for. And if it is not exactly what was specified in the sale and purchase agreement (SPA), it would be best not to commence any work on it, especially if you plan to turn to the Tribunal for Homebuyer Claims for recourse.
On Feb 10, the Federal Court made a landmark ruling on the scope of and powers of this tribunal, stating that it can only decide on claims against what was expressly stipulated in the SPA, and not based on the purchaser’s expectations or what was displayed in the developer’s showroom.
THE introduction of the Tribunal for Homebuyer Claims (Tribunal) in 2002 was a much celebrated measure by the Parliament to better protect the interes.
PUTRAJAYA (Feb 10): The Federal Court here today allowed the appeal by a Danga Bay housing project developer in Johor to quash the compensatory award given by the Tribunal for Homebuyer Claims to a Singaporean house buyer.
A three-member bench comprising Federal Court judges Puan Sri Zaleha Yusof, Datuk Zabariah Mohd Yusof and Datuk Rhodzariah Bujang allowed Country Garden Danga Bay Sdn Bhd (CGDB) s appeal to set aside the Court of Appeal s decision in dismissing its judicial review to quash the award given by the Tribunal for Homebuyer Claims.
The court ordered the respondent, Ho Chee Kian, to pay RM30,000 in costs.