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Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period

Defect liability period is a period within which the vendor developer shall be liable to any defect in the workmanship of the duly completed houses occupied by purchasers after delivery of vacant possession.This liability is provided in the statutory standard sale and purchase agreements - Schedule...

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Main Author: Md Dahlan, Nuarrual Hilal
Format: Conference or Workshop Item
Language:English
Published: 2013
Subjects:
K Law (General)
Online Access:http://repo.uum.edu.my/10006/1/N.pdf
http://repo.uum.edu.my/10006/
http://lawconference.uum.edu.my/
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spelling my.uum.repo.100062014-01-05T08:13:56Z http://repo.uum.edu.my/10006/ Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period Md Dahlan, Nuarrual Hilal K Law (General) Defect liability period is a period within which the vendor developer shall be liable to any defect in the workmanship of the duly completed houses occupied by purchasers after delivery of vacant possession.This liability is provided in the statutory standard sale and purchase agreements - Schedules G,H,I and J ('the said agreements').However, this liability is not clearly spelt out if the housing project is abandoned.Thus, in the event of abandonment, the purchasers may not be able to get the protection affordable under defect liability period.Further,the duty to provide lien is not mentioned in Schedules I and J.Due to this lacuna, the rights and interests of purchasers may also not be protected.This paper aims to highlight these problems - defect liability period and the absence of lien in the housing agreements, particularly involving abandoned housing projects in Peninsular Malaysia.This paper is an outcome of several researches done using legal research methodology and qualitative case study research methodology.This paper finds that due to the absence of specific legal provisions on defect liability period and lien, the rights and interests of the purchasers will be denied and they will suffer damage and losses.At the ending part of this paper, the author suggests some recommendations to settle the problems. 2013-11-13 Conference or Workshop Item PeerReviewed application/pdf en http://repo.uum.edu.my/10006/1/N.pdf Md Dahlan, Nuarrual Hilal (2013) Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period. In: The 7th UUM International Legal Conference 2013, 13-14 November 2013, Quality Hotel City Centre. http://lawconference.uum.edu.my/
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Institutionali Repository
url_provider http://repo.uum.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Md Dahlan, Nuarrual Hilal
Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period
description Defect liability period is a period within which the vendor developer shall be liable to any defect in the workmanship of the duly completed houses occupied by purchasers after delivery of vacant possession.This liability is provided in the statutory standard sale and purchase agreements - Schedules G,H,I and J ('the said agreements').However, this liability is not clearly spelt out if the housing project is abandoned.Thus, in the event of abandonment, the purchasers may not be able to get the protection affordable under defect liability period.Further,the duty to provide lien is not mentioned in Schedules I and J.Due to this lacuna, the rights and interests of purchasers may also not be protected.This paper aims to highlight these problems - defect liability period and the absence of lien in the housing agreements, particularly involving abandoned housing projects in Peninsular Malaysia.This paper is an outcome of several researches done using legal research methodology and qualitative case study research methodology.This paper finds that due to the absence of specific legal provisions on defect liability period and lien, the rights and interests of the purchasers will be denied and they will suffer damage and losses.At the ending part of this paper, the author suggests some recommendations to settle the problems.
format Conference or Workshop Item
author Md Dahlan, Nuarrual Hilal
author_facet Md Dahlan, Nuarrual Hilal
author_sort Md Dahlan, Nuarrual Hilal
title Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period
title_short Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period
title_full Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period
title_fullStr Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period
title_full_unstemmed Issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular Malaysia: Defect liability period
title_sort issues on the remedies for aggrieved purchasers in abandoned housing projects in peninsular malaysia: defect liability period
publishDate 2013
url http://repo.uum.edu.my/10006/1/N.pdf
http://repo.uum.edu.my/10006/
http://lawconference.uum.edu.my/
_version_ 1644280260823351296
score 13.211869

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