Malaysia legislation

Section 17

of SPECIFIC RELIEF ACT 1950

Section 17

Purchaser’s rights against vendor with imperfect title

Where a person contracts to sell or let certain property, having only an imperfect title thereto, the purchaser or lessee (except as otherwise provided by this Chapter) has the following rights:

(a)

if the vendor or lessor has subsequently to the sale or lease acquired any interest in the property, the purchaser or lessee may compel him to make good the contract out of that interest;

(b)

where the concurrence of other persons is necessary to validate the title, and they are bound to convey at the vendor’s or lessor’s request, the purchaser or lessee may compel him to procure the concurrence; and

(c)

where the vendor or lessor sues for specific performance of the contract, and the suit is dismissed on the ground of his imperfect title, the defendant has a right to a return of his deposit (if any) with interest thereon, to his costs of the suit, and to a lien for the deposit, interest, and costs on the interest of the vendor or lessor in the property agreed to be sold or let.

Power to award compensation in certain cases

Section 17 — SPECIFIC RELIEF ACT 1950 | mylaw.my