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...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Academy of IRMBR
2014
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| Online Access: | http://irep.iium.edu.my/39200/ http://irep.iium.edu.my/39200/1/IRMBR_article.pdf |
| _version_ | 1848781739637342208 |
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| 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 |
| building | IIUM Repository |
| collection | Online Access |
| 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. |
| first_indexed | 2025-11-14T15:54:21Z |
| format | Article |
| id | iium-39200 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T15:54:21Z |
| publishDate | 2014 |
| publisher | Academy of IRMBR |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-392002023-11-15T03:41:42Z 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 |
| 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 |
| title | 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_short | 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 |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/39200/ http://irep.iium.edu.my/39200/ http://irep.iium.edu.my/39200/1/IRMBR_article.pdf |