Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges

One of the main duties of the housing developer is to complete the construction of the house on time. Under the Malaysian housing law, the period of completion and handling over vacant possession for landed property is 24 months and for sub-divided building is 36 months. The buyer is entitled to cla...

Full description

Bibliographic Details
Main Authors:	Amin, Naemah, Sufian, Azlinor, Syed Abdul Kader , Sharifah Zubaidah, Kassim, Salina
Format:	Article
Language:	English
Published:	Academy of IRMBR 2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/39200/ http://irep.iium.edu.my/39200/ http://irep.iium.edu.my/39200/1/IRMBR_article.pdf

id	iium-39200
recordtype	eprints
spelling	iium-392002016-07-20T06:15:10Z http://irep.iium.edu.my/39200/ Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges Amin, Naemah Sufian, Azlinor Syed Abdul Kader , Sharifah Zubaidah Kassim, Salina K Law (General) One of the main duties of the housing developer is to complete the construction of the house on time. Under the Malaysian housing law, the period of completion and handling over vacant possession for landed property is 24 months and for sub-divided building is 36 months. The buyer is entitled to claim for Liquidated Ascertained Damages (LAD) for the delay in completion. It is a statutory remedy to compensate the buyer for the failure of the developer to fulfill his obligation under the agreement. The LAD should be calculated from day to day at the rate of 10% per annum of the purchase price. However claiming the LAD is not as simple as it supposed to be since most of the time the developer refuses to pay the LAD for various reasons. Thus a claim for LAD needs to be filed in the court or the Tribunal for Homebuyer Claims. Nonetheless winning the case does not guarantee that the buyer will receive the compensation. Adopting a qualitative method of content analysis, this paper aims to examine various legal issues and challenges faced by consumers in claiming damages for late delivery of vacant possession. The paper also explores possible solutions to existing flaws in the law and practices. Academy of IRMBR 2014-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/39200/1/IRMBR_article.pdf Amin, Naemah and Sufian, Azlinor and Syed Abdul Kader , Sharifah Zubaidah and Kassim, Salina (2014) Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges. International Review of Management and Business Research, 3 (2). pp. 907-914. ISSN 2307-5953 (P) 2306-9007 (E) http://www.irmbrjournal.com/archives2.php?vol=3&iss=2&yea=2014&ver=3
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Amin, Naemah Sufian, Azlinor Syed Abdul Kader , Sharifah Zubaidah Kassim, Salina Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges
description	One of the main duties of the housing developer is to complete the construction of the house on time. Under the Malaysian housing law, the period of completion and handling over vacant possession for landed property is 24 months and for sub-divided building is 36 months. The buyer is entitled to claim for Liquidated Ascertained Damages (LAD) for the delay in completion. It is a statutory remedy to compensate the buyer for the failure of the developer to fulfill his obligation under the agreement. The LAD should be calculated from day to day at the rate of 10% per annum of the purchase price. However claiming the LAD is not as simple as it supposed to be since most of the time the developer refuses to pay the LAD for various reasons. Thus a claim for LAD needs to be filed in the court or the Tribunal for Homebuyer Claims. Nonetheless winning the case does not guarantee that the buyer will receive the compensation. Adopting a qualitative method of content analysis, this paper aims to examine various legal issues and challenges faced by consumers in claiming damages for late delivery of vacant possession. The paper also explores possible solutions to existing flaws in the law and practices.
format	Article
author	Amin, Naemah Sufian, Azlinor Syed Abdul Kader , Sharifah Zubaidah Kassim, Salina
author_facet	Amin, Naemah Sufian, Azlinor Syed Abdul Kader , Sharifah Zubaidah Kassim, Salina
author_sort	Amin, Naemah
title	Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges
title_short	Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges
title_full	Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges
title_fullStr	Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges
title_full_unstemmed	Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges
title_sort	claiming damages for late delivery of vacant possession of private houses in malaysia: legal issues and challenges
publisher	Academy of IRMBR
publishDate	2014
url	http://irep.iium.edu.my/39200/ http://irep.iium.edu.my/39200/ http://irep.iium.edu.my/39200/1/IRMBR_article.pdf
first_indexed	2023-09-18T20:56:18Z
last_indexed	2023-09-18T20:56:18Z
_version_	1777410326982033408

Claiming damages for late delivery of vacant possession of private houses in Malaysia: legal issues and challenges

Similar Items