By Farah Wahida:

Home buyers have 12 months to lodge their complaints with Sarawak Tribunal for Home Buyers Claims (TTPRS) before the expiry of defects liability period of their properties or after the issuance of Occupational Permit (OP), reminded Datuk Maznah Dasmi, President of TTPRS.

Her reminder came after she presided over a case between a complainant, Bato Manggom, and a residential project developer at Sibu Native Court in Wisma Sanyan.

Notably, such regulation was stipulated in Regulation 3 of Housing Developers (Tribunal for Housing Purchaser Claims) Regulations 2013 under Housing Developers (Control and Licensing) Ordinance 1993, she added.

Bato is claiming RM4,800 from the developer due to a 12-month delay in completing a double-storey terrace house that he bought in 2008.

According to the Sales and Purchase Agreement (SPA), the house was set for completion in 2010 but was only completed in 2011.

In addition, the OP was issued in March 2011, while the key to the house was received in April of the same year.

Further, he only filed the complaint with the tribunal on 21 February 2013.

While Bato’s date of filing the complaint was beyond the prescribed period, Maznah believed that the claimant had a “valid claim against the developer because based on SPA, the house should be handed to the buyer in 2010.”

She added, “The tribunal has no right to make the decision since this case is already outside our jurisdiction but the claimant can still go to civil court.”


Farah Wahida, Editor of PropertyGuru, wrote this story. To contact her about this or other stories email farahwahida@propertyguru.com.my

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