7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 121

CONVEYANCING

Buying House From Developer

30 May 2012 1JAMALUDIN YAAKOB

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 221

CONTENT

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

Learning Outcomes Introduction

Governing Laws

Instances of Transfer

Stages in Conveyancing

HD (C amp L) Act 1966 S amp P Agreement (Schedule H)

Protects Purchasers

30 May 2012 2JAMALUDIN YAAKOB

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 321

Learning Outcomes

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 3JAMALUDIN YAAKOB

At the end of the discussion students should be

able to discuss the courtsrsquo attitude when

interpreting the clauses in Regulation H or G of the Housing Development (Control amp Licensing)

Act 1966 in order to protect the interests of

purchasers

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 421

Introduction

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 4JAMALUDIN YAAKOB

bull The Malaysian land law is based on the Torrens Systemwhere the registration is everything (see Teh Bee v

Maruthamuthu amp Papoo v Veeriah)

bull In the case of sale and purchase of land the purchaser only

becomes the new owner when his name is registered on

the document of title

bull Thus he is not willing to pay the full price until his name is

registered in the title

bull Likewise the vendor too is not willing to transfer the

purchaserrsquos name until he pays the vendor the full price

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 521

Introduction

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 5JAMALUDIN YAAKOB

bull Conveyancing is in fact a legal mechanism that provides

for the systematic procedure for the smooth transfer of

title of the land and payment of price in sale and

purchase of immovable property

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 621

Governing Laws

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 6JAMALUDIN YAAKOB

Contract Act 1950

National Land Code1965

Legal Profession

Act

Law of Trust

HD (C amp l) Act 1966

Specific Relief Act

Statute of Frauds

Strata Title Act

1985

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 721

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 7JAMALUDIN YAAKOB

1) Simple transfer of landproperty

Under will law of inheritance gift love and affection

between close relatives etc- no consideration

2) Simple sale and purchase

That does not involve loan from bank

3) Sale and purchase of property

Purchaser gets loan from bank

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 821

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 8JAMALUDIN YAAKOB

4) Complex sale and purchase of property

Purchaser intends to carry out development project and requires planning permission and other approvals

6) Development agreement

Registered proprietor enters into development agreement or joint venture agreement with developer

7) Purchase of property by foreigners or foreign investorsThat require approval from Foreign Investment Committee (FIC)

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 921

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 9JAMALUDIN YAAKOB

8) Sale and purchase of houses under Sell and Build orBuild and Sell

Schedule G or H under HD (C amp L) Act 1966

9) Mergers

When two or companies merged into one

10) Sale by official assigneereceiverliquidator

11) Sale by judgment creditor

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1021

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 10JAMALUDIN YAAKOB

Identification

of property

bull Self initiative advertisement friends

e-bays or property agent

Appointment

of solicitor

bull Conveyancing lawyer representing

purchaser

Searchbull Identification of property stage

bull

Appointment of solicitor stage

Optionbooking

proforma

bull Vendor promises to keep property for

purchaser to make decision

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 421

Introduction

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 4JAMALUDIN YAAKOB

bull The Malaysian land law is based on the Torrens Systemwhere the registration is everything (see Teh Bee v

Maruthamuthu amp Papoo v Veeriah)

bull In the case of sale and purchase of land the purchaser only

becomes the new owner when his name is registered on

the document of title

bull Thus he is not willing to pay the full price until his name is

registered in the title

bull Likewise the vendor too is not willing to transfer the

purchaserrsquos name until he pays the vendor the full price

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 521

Introduction

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 5JAMALUDIN YAAKOB

bull Conveyancing is in fact a legal mechanism that provides

for the systematic procedure for the smooth transfer of

title of the land and payment of price in sale and

purchase of immovable property

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 621

Governing Laws

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 6JAMALUDIN YAAKOB

Contract Act 1950

National Land Code1965

Legal Profession

Act

Law of Trust

HD (C amp l) Act 1966

Specific Relief Act

Statute of Frauds

Strata Title Act

1985

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 721

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 7JAMALUDIN YAAKOB

1) Simple transfer of landproperty

Under will law of inheritance gift love and affection

between close relatives etc- no consideration

2) Simple sale and purchase

That does not involve loan from bank

3) Sale and purchase of property

Purchaser gets loan from bank

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 821

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 8JAMALUDIN YAAKOB

4) Complex sale and purchase of property

Purchaser intends to carry out development project and requires planning permission and other approvals

6) Development agreement

Registered proprietor enters into development agreement or joint venture agreement with developer

7) Purchase of property by foreigners or foreign investorsThat require approval from Foreign Investment Committee (FIC)

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 921

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 9JAMALUDIN YAAKOB

8) Sale and purchase of houses under Sell and Build orBuild and Sell

Schedule G or H under HD (C amp L) Act 1966

9) Mergers

When two or companies merged into one

10) Sale by official assigneereceiverliquidator

11) Sale by judgment creditor

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1021

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 10JAMALUDIN YAAKOB

Identification

of property

bull Self initiative advertisement friends

e-bays or property agent

Appointment

of solicitor

bull Conveyancing lawyer representing

purchaser

Searchbull Identification of property stage

bull

Appointment of solicitor stage

Optionbooking

proforma

bull Vendor promises to keep property for

purchaser to make decision

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 521

Introduction

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 5JAMALUDIN YAAKOB

bull Conveyancing is in fact a legal mechanism that provides

for the systematic procedure for the smooth transfer of

title of the land and payment of price in sale and

purchase of immovable property

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 621

Governing Laws

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 6JAMALUDIN YAAKOB

Contract Act 1950

National Land Code1965

Legal Profession

Act

Law of Trust

HD (C amp l) Act 1966

Specific Relief Act

Statute of Frauds

Strata Title Act

1985

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 721

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 7JAMALUDIN YAAKOB

1) Simple transfer of landproperty

Under will law of inheritance gift love and affection

between close relatives etc- no consideration

2) Simple sale and purchase

That does not involve loan from bank

3) Sale and purchase of property

Purchaser gets loan from bank

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 821

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 8JAMALUDIN YAAKOB

4) Complex sale and purchase of property

Purchaser intends to carry out development project and requires planning permission and other approvals

6) Development agreement

Registered proprietor enters into development agreement or joint venture agreement with developer

7) Purchase of property by foreigners or foreign investorsThat require approval from Foreign Investment Committee (FIC)

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 921

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 9JAMALUDIN YAAKOB

8) Sale and purchase of houses under Sell and Build orBuild and Sell

Schedule G or H under HD (C amp L) Act 1966

9) Mergers

When two or companies merged into one

10) Sale by official assigneereceiverliquidator

11) Sale by judgment creditor

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1021

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 10JAMALUDIN YAAKOB

Identification

of property

bull Self initiative advertisement friends

e-bays or property agent

Appointment

of solicitor

bull Conveyancing lawyer representing

purchaser

Searchbull Identification of property stage

bull

Appointment of solicitor stage

Optionbooking

proforma

bull Vendor promises to keep property for

purchaser to make decision

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 621

Governing Laws

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 6JAMALUDIN YAAKOB

Contract Act 1950

National Land Code1965

Legal Profession

Act

Law of Trust

HD (C amp l) Act 1966

Specific Relief Act

Statute of Frauds

Strata Title Act

1985

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 721

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 7JAMALUDIN YAAKOB

1) Simple transfer of landproperty

Under will law of inheritance gift love and affection

between close relatives etc- no consideration

2) Simple sale and purchase

That does not involve loan from bank

3) Sale and purchase of property

Purchaser gets loan from bank

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 821

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 8JAMALUDIN YAAKOB

4) Complex sale and purchase of property

Purchaser intends to carry out development project and requires planning permission and other approvals

6) Development agreement

Registered proprietor enters into development agreement or joint venture agreement with developer

7) Purchase of property by foreigners or foreign investorsThat require approval from Foreign Investment Committee (FIC)

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 921

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 9JAMALUDIN YAAKOB

8) Sale and purchase of houses under Sell and Build orBuild and Sell

Schedule G or H under HD (C amp L) Act 1966

9) Mergers

When two or companies merged into one

10) Sale by official assigneereceiverliquidator

11) Sale by judgment creditor

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1021

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 10JAMALUDIN YAAKOB

Identification

of property

bull Self initiative advertisement friends

e-bays or property agent

Appointment

of solicitor

bull Conveyancing lawyer representing

purchaser

Searchbull Identification of property stage

bull

Appointment of solicitor stage

Optionbooking

proforma

bull Vendor promises to keep property for

purchaser to make decision

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 721

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 7JAMALUDIN YAAKOB

1) Simple transfer of landproperty

Under will law of inheritance gift love and affection

between close relatives etc- no consideration

2) Simple sale and purchase

That does not involve loan from bank

3) Sale and purchase of property

Purchaser gets loan from bank

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 821

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 8JAMALUDIN YAAKOB

4) Complex sale and purchase of property

Purchaser intends to carry out development project and requires planning permission and other approvals

6) Development agreement

Registered proprietor enters into development agreement or joint venture agreement with developer

7) Purchase of property by foreigners or foreign investorsThat require approval from Foreign Investment Committee (FIC)

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 921

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 9JAMALUDIN YAAKOB

8) Sale and purchase of houses under Sell and Build orBuild and Sell

Schedule G or H under HD (C amp L) Act 1966

9) Mergers

When two or companies merged into one

10) Sale by official assigneereceiverliquidator

11) Sale by judgment creditor

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1021

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 10JAMALUDIN YAAKOB

Identification

of property

bull Self initiative advertisement friends

e-bays or property agent

Appointment

of solicitor

bull Conveyancing lawyer representing

purchaser

Searchbull Identification of property stage

bull

Appointment of solicitor stage

Optionbooking

proforma

bull Vendor promises to keep property for

purchaser to make decision

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 821

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 8JAMALUDIN YAAKOB

4) Complex sale and purchase of property

Purchaser intends to carry out development project and requires planning permission and other approvals

6) Development agreement

Registered proprietor enters into development agreement or joint venture agreement with developer

7) Purchase of property by foreigners or foreign investorsThat require approval from Foreign Investment Committee (FIC)

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 921

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 9JAMALUDIN YAAKOB

8) Sale and purchase of houses under Sell and Build orBuild and Sell

Schedule G or H under HD (C amp L) Act 1966

9) Mergers

When two or companies merged into one

10) Sale by official assigneereceiverliquidator

11) Sale by judgment creditor

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1021

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 10JAMALUDIN YAAKOB

Identification

of property

bull Self initiative advertisement friends

e-bays or property agent

Appointment

of solicitor

bull Conveyancing lawyer representing

purchaser

Searchbull Identification of property stage

bull

Appointment of solicitor stage

Optionbooking

proforma

bull Vendor promises to keep property for

purchaser to make decision

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 921

Instances of Transfer

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 9JAMALUDIN YAAKOB

8) Sale and purchase of houses under Sell and Build orBuild and Sell

Schedule G or H under HD (C amp L) Act 1966

9) Mergers

When two or companies merged into one

10) Sale by official assigneereceiverliquidator

11) Sale by judgment creditor

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1021

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 10JAMALUDIN YAAKOB

Identification

of property

bull Self initiative advertisement friends

e-bays or property agent

Appointment

of solicitor

bull Conveyancing lawyer representing

purchaser

Searchbull Identification of property stage

bull

Appointment of solicitor stage

Optionbooking

proforma

bull Vendor promises to keep property for

purchaser to make decision

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1021

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 10JAMALUDIN YAAKOB

Identification

of property

bull Self initiative advertisement friends

e-bays or property agent

Appointment

of solicitor

bull Conveyancing lawyer representing

purchaser

Searchbull Identification of property stage

bull

Appointment of solicitor stage

Optionbooking

proforma

bull Vendor promises to keep property for

purchaser to make decision

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1121

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 11JAMALUDIN YAAKOB

Subject to

contract

bull The exercise to purchase under theoption is subject to signing of a written

contract

S amp PAgreement

bull Within a specified period the partiesenter into a written contract

Payments

bull 10 on signing of S amp P Agreement

bull 90 within a specified period

bull Instalment or Progress payment

bull Payment to stakeholder

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1221

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 12JAMALUDIN YAAKOB

Transfer of Title bull Vendor execute Form 14A

Stakeholder bull Releases the final payment

Bank Loanbull Purchaser apply for bank loan to pay

the 90 balance

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1321

HD (C amp L) Act 1966

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 13JAMALUDIN YAAKOB

Stages S amp P

Agreement

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1221

Stages in Conveyancing

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 12JAMALUDIN YAAKOB

Transfer of Title bull Vendor execute Form 14A

Stakeholder bull Releases the final payment

Bank Loanbull Purchaser apply for bank loan to pay

the 90 balance

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1321

HD (C amp L) Act 1966

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 13JAMALUDIN YAAKOB

Stages S amp P

Agreement

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1321

HD (C amp L) Act 1966

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 13JAMALUDIN YAAKOB

Stages S amp P

Agreement

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1421

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1521

HD (C amp L) Act 1966

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 15JAMALUDIN YAAKOB

Schedule H

bull Dates (duration of completion)

bull Time as essence of contract

bull

Paymentsbull Termination

bull Transfer of title

bull Stakeholder

bull Completion

bull Delivery

bull Liquidated Damages

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1621

Protection for Purchasers

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 16JAMALUDIN YAAKOB

bull The sale and purchase of houses by developers inMalaysia by-and-large is based on lsquosell and buildrsquo method

bull Purchasers are exposed to too high risks to the advantageof developers

bull Thus in 1966 Parliament passed a bill lsquoHousing Developers

(Control amp Licensing) Act 1966

bull Parliamentary handsurd ndash Salleh Buang ndash cases ndash the

statute is - for protection of purchasersbull Judges realised this policy ndash interpreted the provisions amp

clauses in favour of purchasers

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1721

Protection for Purchasers

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 17JAMALUDIN YAAKOB

Schedule H favours Purchasers

Date of Contract

Termination due to Delay

Liquidated Damages

Contract Out

( )

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1521

HD (C amp L) Act 1966

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 15JAMALUDIN YAAKOB

Schedule H

bull Dates (duration of completion)

bull Time as essence of contract

bull

Paymentsbull Termination

bull Transfer of title

bull Stakeholder

bull Completion

bull Delivery

bull Liquidated Damages

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1621

Protection for Purchasers

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 16JAMALUDIN YAAKOB

bull The sale and purchase of houses by developers inMalaysia by-and-large is based on lsquosell and buildrsquo method

bull Purchasers are exposed to too high risks to the advantageof developers

bull Thus in 1966 Parliament passed a bill lsquoHousing Developers

(Control amp Licensing) Act 1966

bull Parliamentary handsurd ndash Salleh Buang ndash cases ndash the

statute is - for protection of purchasersbull Judges realised this policy ndash interpreted the provisions amp

clauses in favour of purchasers

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1721

Protection for Purchasers

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 17JAMALUDIN YAAKOB

Schedule H favours Purchasers

Date of Contract

Termination due to Delay

Liquidated Damages

Contract Out

( )

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1621

Protection for Purchasers

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 16JAMALUDIN YAAKOB

bull The sale and purchase of houses by developers inMalaysia by-and-large is based on lsquosell and buildrsquo method

bull Purchasers are exposed to too high risks to the advantageof developers

bull Thus in 1966 Parliament passed a bill lsquoHousing Developers

(Control amp Licensing) Act 1966

bull Parliamentary handsurd ndash Salleh Buang ndash cases ndash the

statute is - for protection of purchasersbull Judges realised this policy ndash interpreted the provisions amp

clauses in favour of purchasers

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1721

Protection for Purchasers

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 17JAMALUDIN YAAKOB

Schedule H favours Purchasers

Date of Contract

Termination due to Delay

Liquidated Damages

Contract Out

( )

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1721

Protection for Purchasers

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 17JAMALUDIN YAAKOB

Schedule H favours Purchasers

Date of Contract

Termination due to Delay

Liquidated Damages

Contract Out

( )

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1821

Favours Purchasers

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 18JAMALUDIN YAAKOB

bull City Investment v Koperasi Serbaguna [1988]

bull Sentul Raya v Hariram [2008]

bull Expo Holding v Saujana Triangle [2009)

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 1921

Contract Out

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 19JAMALUDIN YAAKOB

bull Lee Poh Choo v SEA Housing [1982] 1 MLJ 324

bull CONTRAST

bull Tan Chee Wah v Sri Damansara [2006] 6 MLJ 752

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 2021

Termination

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 20JAMALUDIN YAAKOB

bull Kang Yoon Mook Xavier v Insun Development [1995]

2 MLJ 91

bull CONTRAST

bull Berjaya Time Squares v M Concept [2010] 1 MLJ 597

bull Chye Fook amp Anor v Teh Teng Seng Realty [1989] 1

MLJ 308

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

7312019 Conveyancing_hd campl Act

httpslidepdfcomreaderfullconveyancinghd-cl-act 2121

Liquidated Damages

CONVEYANCING UNDER HOUSING DEVELOPMENT (CONTROL amp LICENSING) ACT 1966

30 May 2012 21JAMALUDIN YAAKOB

bull Neoh Khoon Lye v Transit Intan [2002] 6 MLJ 8

bull CONTRAST

bull Insun Development v AzaliBakar [2010] 1 MLJ 597

bull Phoenix Heights Estate v Lee Kay Guan [1982] 2 MLJ

86 (PC)

bull Sakinas v Siew Yik Han amp Anor [2002] 5 MLJ 497