Conveyancing / Tenancy / Land

Buying Property from Developers What You Need to Know and Do

By Robert Tan
Sweet & Maxwell Malaysia September 2009

Specifications

ISBN-13
9789675040337
Publisher
Sweet & Maxwell Malaysia
Publication
September 2009
Format
Paperback , 190 pages
Jurisdiction
Malaysia ? Countri(es) for reference only

Details

The purchase of a home is an important investment decision for many home purchasers. In Malaysia, properties are commonly sold by developers before they are constructed. Purchasers thus bear a heavy risk as they contract and pay for a property that is not yet in existence. In view of this, housing development law is enacted to protect the interests of purchasers.

 
The book aims to highlight some realities of buying property from housing developers in West Malaysia. In dealing with the subject, the Housing Development (Control and Licensing) Act 1966 and its regulations are considered, they being the principal legislation governing the business of housing development in West Malaysia.
 
The book is divided into two parts. Part I gives an outline of the laws on housing development in West Malaysia. Written in clear and simple language, the book explains various matters which are of concern to home purchasers. These include: sale and purchase agreement, effect of booking fee, obligations of developers, delivery of vacant possession, damages for late completion, defects liability period, transfer of title and procedure for making a claim at the Homebuyers’ Tribunal.
 
Part II gives summaries and excerpts of the courts’ judgments on issues which arise in housing law. These summaries facilitate a good understanding of housing law in operation.
 
Buying Property from Developers: What You Need to Know and Do is a book which should prove beneficial to everyone connected with the housing industry—purchasers, lawyers, developers, real estate agents and financiers.
 
Readership
Purchasers, lawyers, developers, real estate agents and financiers

Table of Contents

  • Housing Development Law
  • Meaning of Housing Development
  • Housing Development Contract
  • Housing Development Licence
  • Advertisement and Sale of Housing Accommodation
  • Housing Development Account
  • Booking Form
  • Buying with Cash or Loan
  • Payment of Purchase Price
  • Terminating the Contract
  • Homebuyers’ Tribunal
  • Delivery of Vacant Possession
  • Damages for Late Completion and Delivery
  • Defects Liability Period
  • Transfer of Title
  • Stakeholder Money
  • Stamp Duty and Legal Fees
  • Case Summaries

About the Author

Robert Tan is a Barrister-at-Law and a member of the Honourable Society of Lincoln’s Inn, London. He is an Advocate and Solicitor of the High Court of Malaya. He also read Islamic law at the International Islamic University Malaysia. His interest in home purchasers’ rights started after he had been in legal practice for several years. He is a sought-after speaker at seminars and workshops on joint management body and management corporation.

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