Issues in the Malaysian statutory housing agreements (Schedules G, H, I and J): “Defect Liability Period”

Agreement

Md Dahlan, Nuarrual Hilal (2015) Issues in the Malaysian statutory housing agreements (Schedules G, H, I and J): “Defect Liability Period”. The Law Review (2). pp. 254-273. ISSN 1985-0891

Abstract

Defect liability period clause is provided in the statutory housing agreements-Schedules G, H, I and J (“the said agreements”). However, this liability may not be provided if the housing project is abandoned. Thus, in the event of housing abandonment, the purchasers may not be able to get protection under defect liability period clause. Due to this lacuna, the rights of purchasers can be undermined. This paper aims to highlight this issue-defect liability period in the said agreements, particularly involving abandoned housing projects in Malaysia. This research paper used a pure legal research methodology.This paper finds that due to the absence of specific clause of defect liability period in the said agreements in the event of housing abandonment, the rights of the purchasers will be denied and they will suffer irreparable damage. At the ending part of this paper, the author suggests some recommendations to settle the issues identified.

Keywords: Abandoned Housing Projects in Malaysia, Defect Liability Period, Statutory Housing Agreements, Legal Issues, Purchasers’ Grievances, Recommendations.

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