The Purchaser may choose to initiate a legal action against the Vendor for specific performance to compel the Vendor to perform his duties under the agreement. Alternatively, the Purchaser may seek for compensation/ liquidated damages from the Vendor under the agreement for breach of contract on the part of the Vendor.
The Purchaser may take a legal action against the Developer for late interest payment as well as liquidated damages as a result of the delay in passing the vacant possession of the property.
The Vendor is entitled to charge an interest on the balance purchase price against the Purchaser from the completion date up till the date of receipt of the balance purchase price. Alternatively, the Vendor is entitled to terminate the SPA and forfeit the initial deposit paid towards the property as his compensation.
There are several ways to remove a private caveat.
1. Apply to the High Court to remove the private caveat lodged on the property.
2. Conduct a caveat search to find out the reason of the caveat lodged and serve a notice to the caveator to request him/her to withdraw the caveat lodged on the property.
3. Apply to the Land Office to remove the private caveat lodged against the property without proper basis.
A squatter is someone who unlawfully occupies an uninhabited building or unused land. Under the Malaysia law, one may apply to the court to evict unlawful squatters on the premises.
One may apply to the court to seek for damages for trespassing the property and an injunction order to prevent the trespasser from entering the property without the owner’s permission.