August 25, 2021 7:30 AM
JOHOR BAHRU: Amending development plans after the sale and purchase agreement is signed is a breach of the contract, the High Court has ruled in a class action brought against a developer by 145 buyers of luxury condominium units here.

In its decision handed out on Monday, the court agreed with the purchasers of condominium units at Princess Cove that the developer ought to have obtained their consent before amending the original plan of Phase 1 in the S&P into Phase 1a and 1b.

Under Phase 1, there were supposed to be seven blocks together with a shopping mall. However, after the amendment, only three residential blocks were completed first without the others as stated in the S&P.

The court also concurred with the plaintiffs that the handing over of vacant possession in October 2017, claiming the certificate of completion and compliance (fitness for occupation) was obtained for Phase 1a, was in breach of the S&P and, therefore, the developer has to pay late delivery charges.

It also ruled that the 13 months’ maintenance charges paid before the actual completion by the buyers as per the S&P in November 2018 have to be returned.

Judicial commissioner Evrol Mariette Peters, in delivering her decision, agreed with the buyers that the developer, R&F Development Sdn Bhd, had deprived them of late delivery penalty by amending the original development plan.

According to the counsel for the purchasers, NG Vinod, his firm will now proceed with the filing of the assessment for damages with the High Court soon, adding that the claims could total about RM10 million.

August 19, 2021 7:30 AM
PETALING JAYA: A researcher has described Malaysia’s housing policy as something that is stuck in an “identity crisis” from which it can emerge if policymakers decide whether to view a house as an asset or a necessity.

Lillian Wee of the Research for Social Advancement (Resda) think tank said the government, in giving priority to people who can afford to buy property, was shutting out those who could not or did not want to, thereby creating unequal opportunities.

Not enough attention had been given to the growing rental market, she said, noting that this was one of the issues that had been exacerbated since the onset of the Covid-19 pandemic.

“A lot of the government’s policies during and before the pandemic have prioritised home ownership and people who can afford loans or multiple houses,” she said.

“As such, those who cannot afford to take on loans or put down large down payments are left out. These include people who choose to rent for work, mobility or lifestyle reasons. There is a lack of assistance for these people to lease affordable homes and, during the pandemic little has been done to help them with their payments.”

Wee said housing must be viewed as essential and should therefore be made more affordable and accessible to those who need them.

“Malaysia is urbanising rapidly, with people moving from suburban and rural areas to places like Kuala Lumpur, Selangor, Penang and Johor. However, these are the areas where housing prices are the highest and housing inequality is at its worst.

“There is a problem if someone from the M40 cannot afford to buy or rent a house in Kuala Lumpur, since it’s not just people from the T20 group that work there.”

She said this was typified by the building of 14,094 low-cost homes last year, well short of the National Affordable Housing Council’s target of 100,000 units annually.

“Instead, we are seeing a surge in homes that cost more than RM600,000, out of reach for most of the people the government should be looking to provide for.”

August 18, 2021 7:30 AM
PETALING JAYA: Everyone loves a sale, particularly if the property is going at half price.

But not earlier buyers, or investors who had bought to flip. These two groups would be unhappy. Maybe even furious.

Headlines about property have been like this, of late: Is it time to buy? Is it ‘still’ a safe investment? Is there light at the end of the tunnel?

There is a missing question: “Will prices fall further?”

Much depends on the location, type of property and developers’ track record, said Johor-based KGV International Property Consultants.

It also depends if one is buying into an overhang project – completed units which remain unsold after they have been certified fit for occupation.

Executive director Samuel Tan said the percentage of discount for overhang units is higher.

When Chinese developer Country Garden Pacificview Sdn Bhd advertised its Danga Bay, Johor Bahru, project at 50% discount for about six weeks starting in early June, earlier buyers were angry. New buyers were delighted.

A Singaporean buyer, Hassan (not his real name), who bought an apartment unit in 2015 for RM1.82 million, was shocked and upset. Overnight, his unit was worth about RM900,000.

“The drop is significant. I can accept that property prices do fall, and have fallen because of the Covid-19 pandemic. Even then, I was shocked to discover that it was by so much, as though a calamity had occurred,” he said. It was his holiday home.

A government-linked developer also halved prices for some of its remaining units located near the National Science Centre in Bukit Kiara, Kuala Lumpur. The units were originally priced at about RM4.5 million each. It is not clear when these units were sold.

Each of these two cases involved unsold completed units. Country Garden Pacificview cited “current market conditions” and “changing requirements of the situation”.

Property Insight | Foreclosure, Auction & Bankruptcy15 APR 2021
PETALING JAYA: Experts are calling for Bank Negara Malaysia (BNM) and banks to set up a department to look into why borrowers are defaulting on their payments.

The recent case of M. Moganah, who had her home in Seri Kembangan, Selangor auctioned by a bank, highlights the need for such a department, they said.

The 38-year-old tailor had been living with her husband and two children in the flat for 17 years. She found herself in the predicament when her bank purportedly raised the interest rate on her loan without notifying her.

The bank is said to have blamed it on her failure to update her contact details and home address, a claim which Moganah has refuted. Malaysian Chapter of the International Real Estate Federation former president Yeow Thit Sang said members of the B40 group are often in situations such as Moganah, not by choice but as victims of circumstances.

He said factors such as poor education and lack of opportunities, on top of the Covid-19 situation, have led to a drop in their earnings. “The poor chap who signs on the dotted line with a bank is always at the losing end when it comes to default in payment of a loan.”

Yeow said in Moganah’s situation, the bank should have been more understanding and sympathetic by negotiating with her on how to settle the arrears. “People who lose their houses to banks will often never have a second chance to own another place to call home.”

Malaysiakini8 April 2021
A low-income family has urged Bank Negara Malaysia (BNM) to intervene after claiming their bank unfairly auctioned off their home during the Covid-19 pandemic. Speaking to the media today after meeting an officer from the central bank, 38-year-old tailor M Moganah alleged that the interest rate for her housing loan was raised without due notification.

This resulted in an accumulation of overdue payments, eventually resulting in the bank auctioning off her low-cost flat in Taman Balakong Jaya, Seri Kembangan, Selangor. She claimed she only learned about the outstanding repayments when it was too late - after her home was already sold in October 2020. Moganah lives in the unit with her husband and two young children. She co-owns the unit with her mother - 61-year-old P Letchumy. They have been servicing the home loan for the past 17 years.

“We hope Bank Negara will help us get our home back,” she said, adding that she was not interested in any compensation from her bank. Malaysiakini is withholding the name of the bank pending a response to this story. Malaysiakini is also reaching out to BNM for comment. Elaborating, Moganah said she found an informal eviction notice on her door on Oct 7, 2020, from someone who claimed to have bought her flat.

She then visited her bank, where an officer informed her that her home had been sold a week ago in an auction. The officer also said that the bank had increased Moganah’s monthly housing loan repayment from RM268 to RM325 back in July 2018. She claimed she was unaware of this increase and thus did not alter her monthly direct debit amount. According to Moganah, the bank stated that the reason for the auction was their housing loan repayment was overdue by three months.

She said her bank blamed the lack of notification on her failure to update her contact number and home address. She refuted this, claiming her details were updated back in 2015. The buyer was alleged to have terminated the water and electricity supply to the unit on March 30. Moganah and her family are now temporarily living in another location.

February 25, 2021 10:14 PM
PETALING JAYA: Badan pengurusan kondominium tiada hak untuk mengenakan sebarang penalti terhadap penghuni yang tidak memakai pelitup muka, kata menteri kanan keselamatan Ismail Sabri Yaakob.

Seorang budak lelaki berusia setahun dilaporkan didenda RM100 oleh badan pengurusan sebuah kondominium di Ampang awal minggu ini kerana tidak memakai pelitup muka di dalam lif, dengan kejadian itu tular selepas dikongsikan ibunya di Facebook.

Walaupun memakai pelitup muka diwajibkan sejak 1 Ogos, ketua pengarah kesihatan Dr Noor Hisham Abdullah berkata kanak-kanak berusia dua tahun ke bawah dikecualikan.

Mengulas isu itu hari ini, Ismail berkata hanya pegawai kementerian kesihatan dan polis mempunyai kuasa untuk mengeluarkan kompaun terhadap mereka yang gagal memakai pelitup muka mengikut peruntukan Akta Kawalan dan Pencegahan Penyakit Berjangkit 1988 (Akta 342).

“Apa dilakukan pengurusan kondominium di Ampang itu salah,” katanya dalam sidang media hari ini.

“Kuasa mengeluarkan kompaun dan tindakan lain mengikut Akta 342 adalah untuk kementerian kesihatan dan pihak yang diberi kuasa oleh kementerian seperti polis.

“Sehingga kini kami tidak memberikan kuasa itu kepada badan pengurusan kondominium dan pangsapuri, mahupun pejabat lain. Mereka tidak mempunyai kuasa itu.

“Saya berharap mereka membatalkan kompaun untuk budak berusia setahun itu. Tidak masuk akal pada saya.”

October 30, 2020 11:36 AM
PETALING JAYA: Unicef has found that while low-income families are beginning to show some signs of financial recovery, the situation still remains bleak, with households headed by women and the disabled seeing slower improvement.

Unicef said this in its latest report called “Families on the Edge”, which is based on a survey of 3,000 residents of low-cost housing flats in the Klang Valley.

While it found that overall median household income in poorer communities had slowly approached near-2019 levels, families with a female or disabled head of household (HoH) still had 9% and 24% less income respectively compared with last year.

This is largely down to the large number of respondents who reported a drop in income between May and September, with two thirds of female HoHs reporting they were still making less, and half the disabled HoHs saying the same.

More than 40% of the households surveyed reported total monthly income under RM2,000, an improvement over the 54% of households recorded in May, which indicates that household performance is improving.

January 19, 2021 1:45 PM
PUTRAJAYA: The calculation for late delivery payment to house buyers begins from the date the booking fee is paid, and not when the sale and purchase agreement (SPA) is signed, the Federal Court ruled today.

Chief Justice Tengku Maimun Tuan Mat said the Housing Development (Control & Licensing) 1966 and its subsidiary laws were social legislation and that was a settled law.

In a dispute brought before the court, the developers contended that the scheduled contracts must be read literally and in accordance with the intention of parties.

“It is our view that the submission is untenable. When it comes to interpreting social legislation, the courts must give effect to the intention of Parliament and not the intention of parties,” Tengku Maimun said.

“Otherwise, the attempt by the legislature to level the playing field by mitigating the inequality of bargaining power would be rendered nugatory and illusory,” she said in the judgment to allow seven appeals by purchasers.

The purchasers, from Melaka and Kuala Lumpur, had hauled the developers – PJD Regency Sdn Bhd, GJH Avenue Sdn Bhd and Sri Damansara Sdn Bhd – before the housing tribunal over the payment of the liquidated ascertained damages.

August 11, 2020 @ 1:52pm
KUALA LUMPUR: An opposition Member of Parliament has called on the government to include a rental relief fund in the Temporary Measures for Government Financing [Coronavirus Disease 2019 (Covid-19)] Bill 2020.

Charles Santiago (PH - Klang) said the spread of Covid-19 which led to the implementation of the Movement Control Order (MCO) has affected many Malaysians to the point that some are now left homeless as they could no longer afford to pay house rentals.

Citing his own recent experience meeting those affected, Santiago said a husband, a pregnant wife along with their two children had been living in their car parked at the Tengku Ampuan Rahimah Hospital in Klang for about 10 days.

Another example given was a single mother, who used to work in a catering service, was also made homeless along with her two children due to her inability to pay RM550 monthly house rental.

"It doesn't matter to her landlord that she received zero income during the lockdown. These cases, I believe, are just the tip of the iceberg.

"Yes, the government did intervene but much more needs to be done. Many families are unable to make rent due to loss of income and retrenchment.

"Therefore, I suggest to Prime Minister Tan Sri Muhyiddin Yassin's government to include a rental relief fund in the Covid-19 bill 2020 which has already been tabled," he told a press conference at the Parliament building here today.

  1. Teliti laporan pendapatan, harga rumah mampu milik
  2. Pasca Covid-19: Pembeli rumah kali pertama sasar beli hartanah
  3. Inisiatif M40 miliki rumah siap Mei
  4. Wujudkan inisiatif untuk B40, M40 dalam ekonomi digital
  5. Discounts should be given to all buyers
  6. Pembiayaan pembelian hartanah
  7. Harga rumah terus susut hingga 2021
  8. Houses everywhere, but where are the buyers?
  9. Institusi perbankan perlu longgar syarat bantu golongan B40 miliki rumah
  10. KPKT akan bina 1 juta rumah mampu milik dalam tempoh 10 tahun
  • You are here:  
  • Home