Malaysia legislation
Section 5
of AKTA PEMAJUAN PERUMAHAN (KAWALAN DAN PELESENAN) (PINDAAN) 2012
Seksyen 5
Akta ibu dipinda dengan menggantikan seksyen 8a dengan seksyen yang berikut:
“8a. (1) Notwithstanding anything contained in any agreement, a purchaser shall at any time be entitled to terminate the sale and purchase agreement entered into in respect of a housing development which the licensed housing developer is engaged in, carries on, undertakes or causes to be undertaken if—
(a)
the licensed housing developer refuses to carry out or delays or suspends or ceases work for a continuous period of six months or more after the execution of the sale and purchase agreement;
Akta A1415
Pemajuan Perumahan (Kawalan dan Pelesenan)
(Pindaan)
(b)
the purchaser has obtained the written consent from the end financier; and
(c)
the Controller has certified that the licensed housing developer has refused to carry out or delayed or suspended or ceased work for a continuous period of six months or more after the execution of the sale and purchase agreement.
(2)
For the purpose of paragraph (1)(b), no end financier shall unreasonably withhold its written consent to the termination of the sale and purchase agreement.
(3)
In the event that the purchaser exercises his right to terminate the sale and purchase agreement under subsection (1), the licensed housing developer shall within thirty days of such termination refund or cause to be refunded to such purchaser all monies received by the licensed housing developer from the purchaser free of any interest.
(4)
Upon receipt of the refund under subsection (2), the purchaser shall immediately cause all encumbrances on the land to be removed and the cost and expenses for such removal shall be borne by the licensed housing developer and may be claimed as a civil debt from the licensed housing developer.
(5)
Any person who fails to comply with this section shall be guilty of an offence and shall, on conviction, be liable to a fine which shall not be less than fifty thousand ringgit but which shall not exceed two hundred and fifty thousand ringgit and to a further fine not exceeding five thousand ringgit for every day during which the offence continues after conviction.
(6)
This section applies only to an agreement lawfully entered into between a purchaser and a licensed housing developer after the date of coming into operation of the
Housing Development (Control and Licensing) (Amendment)
Act 2012 [Act A1415].”.
Undang-Undang Malaysia 6
Pindaan seksyen 16n