Claim For Defects 

Defect Rectification: Home Buyer's Rights and Procedures

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• Statutory Sale and Purchase Agreement under the Housing Development (Control and Licensing) Act 1966:

  • Allows the home buyer to have defects rectified by the developer within the defect liability period.

  • the defect liability period ('DLP')is 24 months from the date of vacant possession.

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• Initial Procedure:

  • The home buyer serves a written notice to the developer.

  • The Developer must rectify defects within 30 days of receiving the notice.

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• If the Developer Fails to Act:

  • The home buyer issues a second written notice including a quotation from their own contractor.

  • The Developer is given an additional 30 days to rectify the defects.

  • If the developer still fails to act, the home buyer's contractor can proceed with the work.

  • The home buyer can claim the quotation sum from the developer.

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• The Law:

  • The home buyer retains the right to sue for defects under common law.

  • Reinforced by the Court of Appeal in Chrishanthini Angela Regina a/p Sebastiampillai v. View Esteem Sdn Bhd [2022] MLJU 2304:

    • the statutory Sale and purchase agreement does not bar purchasers from asserting common law rights to claim damages.

    • Provides a mechanism to ensure defects within 24 months after vacant possession are rectified, provided a 30-day notice is given.