Issues on remedies for aggrieved purchasers in abandoned housing projects in Malaysia: Time and manner for delivery for vacant possession

• Main Author: Md Dahlan, Nuarrual Hilal
• Format: Conference or Workshop Item
• Published: 2013
• Subjects: HD Industries. Land use. Labor; K Law (General)
• Online Access: http://repo.uum.edu.my/8775/; http://www.icois2013.uum.edu.my/

Abandoned housing project is a formidable problem in Malaysia's housing industry.Although the Malaysian government has enacted laws and formulated policies to govern the housing industry since it achieved Independence in 1957, abandoned housing projects still remains a recurrent problem until today.The real victims are the purchasers themselves.Among the problems and grievances faced by the purchasers in abandoned housing projects in Malaysia, are--they are unable to obtain the duly completed houses as promised by the housing developers, they have to pay monthly installment payments on loan obtained from their lenders, they have to pay house rents and some of them are made bankrupt by their lender banks for failure to service the monthly installment payments.The purchasers also may face other non-pecuniary losses and sufferings, to their chagrin, such as dismissal from employment, divorces, troubles, anxiety, mental pressure, distress, personal problems leading to chaotic and miserable health and lives.There are certain legal and equitable remedies provided by the housing law particularly the I lousing Development (Control and Licensing) Act 1966 and its regulations (Act 1 IS), the terms and conditions in the statutory sale and purchase agreements signed by the developers and the purchasers and the law emanated through case law in court.These legal and equitable remedies include specific performance, declaratory order, rescission of contract and damages. Nonetheless these remedies may not obtainable if the housing developers have no monetary at all or that they run away out of jurisdiction or that the abandoned housing projects are too complicated and troublesome.Further there are other grievances that cannot be compensated or dealt with by the Malaysian current laws such as pain, anxiety, distress and humiliation that have been befalling the aggrieved purchasers in abandoned housing projects. This paper aims to highlight the grievances, losses, injuries and sufferings of the purchasers in abandoned housing projects in Malaysia.It will also analyze the current laws applicable in Malaysia in dealing with the problems and issues in abandoned housing projects, their advantages and weaknesses.The research methodology that this paper will use is a mixture of legal research methodology and social research methodolgy. In other words, this paper is socio-legal writing.Further, this paper will suggest certain approaches, legal and non-legal in facing the grievances of purchasers in abandoned housing projects with the intention of resolving and eliminating their sufferings, losses and injuries.This paper finds that the available and applicable laws have inherent flaws and are inadequate to provide sufficient remedies and redresses to the aggrieved purchasers.Thus, certain government helps and interventions are needed to cushion, reduce and eliminate their losses, injuries and sufferings emanating from the abandonment of their housing projects.