1. I have entered into a sale and purchase agreement with the Vendor. However, the Vendor has decided not to sign the SPA/abort the transaction after I have paid the 10% deposit and executed a letter of option, what should I do?
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.
2.I have purchased a property from the developer. However, the Developer has failed to pass me the vacant possession of the property after I have settled the progressive payments towards the property. What rights do I have under the law?
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.
3.I am the vendor in a sale and purchase transaction and the purchaser has failed to pay the balance purchase price to me even after the completion date. What can I do?
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.
4.I have found out that there is a private caveat lodged on the property I wish to purchase/sell. How can I remove it?
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.
5.There are squatters on the property I wish to sell/purchase, what can I do to chase them away?
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.
6.Someone entered into my land and encroach my property without my knowledge/permission, what can I do with them?
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.