Kota Kinabalu: Forty-six house buyers of Taman Bukit Saujana (Springfield Homes), here, finally won their 18-year battle for justice – the Federal Court decided that developer Yusen Jaya Sdn Bhd must pay them RM3.2 million.
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.
Published on: Wednesday, January 20, 2021
By: FMT
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Chang Kim Loong (third from left) with lawyers Kok Kean Kang, Viola D Cruz, Andy KL Wong and Rex RS Wong in court last year. The purchasers have won a landmark judgment. (Chang Kim Loong pic) - FMT
PUTRAJAYA: The calculation for late delivery payment to house buyers begins from the date the booking fee is paid, and not when the sale and purchase agreement (SPA) is signed, the Federal Court ruled today.
Chief Justice Tengku Maimun Tuan Mat said the Housing Development (Control & Licensing) 1966 and its subsidiary laws were social legislation and that was a settled law.