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Salient Issues & Recent Court Cases Affecting Housing Development in Msia

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Location

Dorsett Kuala Lumpur

172 Jln Imbi

Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur 55100

Malaysia

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Outline:
• Implications of joint venture between landowner and developer
• Is a “pro forma” SPA of two pages a valid SPA?
• Developer sold land to purchaser who then appointed the developer to construct house
–is the HDA applicable?
• Sale of accessory parcel by a supplementary agreement
–is this protected by HDA?
• Can developer take advantage of its unlicensed status to escape its obligations under the SPA?
• Can purchaser be forced to pay towards a sinking fund?
• Can developer refuse to consent to assignment from bank to purchaser at auction because of outstanding service charges?
• Can purchaser in his own name sue developer where property has been assigned to a bank?
• Can bank enforce a loan agreement if the SPA is illegal?
• Implications of earlier delivery date in developer’s brochures
• Payment of deposit earlier than date of SPA
– when does LAD take effect?
• Can purchaser claim for both LAD and loss of rental income?
• Can purchaser terminate SPA for late delivery?
• Can purchaser set
- off the balance 5% from the amount for late delivery?
• Until when can LAD be claimed?
• Can developer avoid LAD because of economic crisis?
• Limitation period for late delivery claims
• Under what circumstances can purchaser rescind the SPA?
• Does the defect liability clause take away the right to claim for loss in respect of defects which were not discoverable?
• Can purchaser sue developer for losses due to robbery?
• Should purchaser sue developer or landowner?
• Can developer claim for specific performance against purchaser?
• Jurisdiction of the Tribunal for Homebuyer Claims
• Freezing of the Housing Development Account by the Controller of Housing

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Date and Time

Location

Dorsett Kuala Lumpur

172 Jln Imbi

Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur 55100

Malaysia

View Map

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