Imagine you bought an apartment/condominium(before they built it) in Malaysia, according to the agents, it's like a revolution, having a large swimming pool, spacious hall etc.

Now when you the building is completed, you face problems such as :
1) swimming pool not as big as promised
2) facilities not complete(such as public transport which they supposedly said will be completed 6months ago)
3) the property you bought is (lets say 1500sq/ft) but when you measure, it's much lesser(lets say 1350sq/ft)
4) rude management who answers back and turning their back on you.
5) the apartment is not properly built as in having stagnant water at some areas when you pour water in the whole house.
6) Not being informed about the surroundings(such as what is located outside the compound of the property)
7) real estate negotiators(so called) who calls/sms you asking whether you wanna sell/rent your property when you have informed the developers and the respective agents not to call/sms you.

What would you do??
I'm having all this difficulties/problems.
Anyone with any experience or advice, please write it down here.

Thank you.


bear in mind that you have seen the show house and it's in perfect condition.(just like every show houses)

Wow, that's really sucks to be in a situation that you are currently facing in right now.

Do you mind to expose to us who is this irresponsible developer is so that other future house buyers would be aware.

This post has been edited by Notoriez: Nov 17 2009, 12:40 PM

I don't think that is a good idea. I suggest before you buy a property, go check it out before hand. Check the surrounding, ask around the neighborhood. Enquire about anything that comes up to your mind no matter how stupid you think it is. It's your rights. If you don't feel like you are getting a truthful answer or any reason not to buy, DON'T!
Simple solution, there are lots of properties out there.

It is advisable to see whether those claims are in S&P.
1) Its a common facility so prob it'll have a exclusion clause stating that it is subject to changes by developer. You should know that.
2) depending on what type of facilities, sometimes it'll be phased out. As for public transportation, they only provide those stops. Other still need to depend on local authority
3) if s&P stated 1500sf then its 1500sf, period. Else u can sue them. Btw did u measure those small places like balcony & risers?
4) most of the time happens due to them unable to handle all complaints esp during VP.
5) complaint to mgt since bld is not always 100% perfect. It happens even in luxury properties.
6) Sometime it will affect sales, other cos they really no idea since not their land.
7) just hang up la, its just an offer

1) check SPA..is size of pool indicated ? Most probably not, I guess. Is it indicated in brochure?
If yes, you can put a claim for specific performancce by developer.

2) If any facilities as listed in schedule of SPA is not completed, the legal hand over is not considered complete.
You can withhold release of money. What do you mean by "Provision of public transport "? This I believe is NOT part of facilities in your apt.

3) Measurement of space in Strata Titled unit is measured using middle of party wall as boundary. If your measure from inside of the unit, it is not accurate. When the strata is finally issued, if the measurement is still short of the area stated in the SPA, there is a pay back of amount which is listed in the SPA .

4) Put in your complaint in writing to the head of the management office. Residents can have an active role in managing the apt and the staff via participation in the Joint Management Committee will be set up (if not already done)

5) Put in writing as defects. If not rectified, follow procedure as per SPA

6)This is your duty to find out what is next to your apt. Caveat Emptor.

7) same as 4) above.

Hope this helps.

1) & 2), shall be left out for the moment.
3) I measured the whole unit. I'm yet to get a certified personnel to do the job.
4) Yeah, they are stressed up as well, but how about those who has been waiting for years to get a property only to find out how f**ked it is?After years of earning money to buy a property and this is what you get, on top of that rude management!
5) I don't expect it to be 100% perfect but this kind of defects are dangerous.think about it.
6) Since they are the exclusive agents, i presume they would know about the surrounding.
7) Once it happen, it's fine but not if it repeatedly happens. I have already informed the developers & agents, so it's I'd take that as an offence.

btw, thnx for the reply, I really appreciate it.




1) Already enquire with the developer but yet to receive any feedback.
2) Yea, my mistake. This is not the developers fault, its for the local municipal.
3) I shall check this back in SPA.
4) I already did that.Regarding the JMC, I would like to ask you, the JMC consist of only residents right? the management has any rights over this? Lets say I want to gather the residents to form the JMC meeting, I could ask the management for the full list of residents??
5) thanks for this.
6) Yea, my duty but I'm not even allowed to go near the surrounding, all covered. The lane is blocked where the property is. How could I possibly check? It's not fair either.
7) Better still, I lodged a police report.

Thanks for the reply, I really appreciate it.

The developer will be the mandatory member of the Joint Mgt Council(JMC) together with owners representatives who will form the JMC.
The formation of the JM Body is the duty of the original developer. Depending on the stand of the developer, they may or may not welcome your offer to gather the residents. It will be in interest of owners to get members who can contribute to the welfare of the apt rather than those who are there for self interest. As a resident there, you will come across owners who will also be there in the apt...asess and see who are the suitable candidates




When you buy a property off the plan, ask for the approved plan for the whole project.That way, you will be able to see what's planned for land adjoining your apt.

For harassment?

A good developer will take measures to ensure buyers' privacy is protected. Information should not be leaked to parties outside of the developer's office.

This post has been edited by ??!!: Nov 17 2009, 07:58 PM

1) if its verbal promise and not in black and white, guess its worth nothing
2) same for 1, public transportation system not under developer control. You fell for their agents sweettalk
3) check your property against the floorplan shown in SnP. Developer liable to compensate you if there's discrepancy in the finished unit
4) im sure residents can form committee to tackle bad management
5) any defect to your property must be rectified by the developer before defects liability period ended.
6) do your own homework in regard to future developments in your surrounding. if its a "bad" thing, any salesperson wouldn't be so stupid to mention them out when they're promoting the project to you

From the above that you are suffering problem.... number (7) is actually MIGHT be the solution rather than an additional problem

Sell it if the price is right,

Yeah, I have the plan but some landed property is not shown on the plan, others that are far(about 5km) is shown but those which are the surroundings are NOT shown.



Yes but the only reason I did so is because


If the developer and their exclusive agents can give the full residents list to another negotiator, why can't they give a copy to all residents?

Better still, now that people are beginning to stay there, why not organize the JMC? They want to wait till it's at least 90% occupied.



^^Got it from the National House Buyers Association.

They just need a minimum of 5 and the maximum of 12, so why don't they(the developers) just organize a meeting?




The residents can only form the committee if there is a chance to do it. I've been trying my best to get the full residents list because going from house to house is just time consuming. Besides the residents here have the Malaysian 'tidak apa' attitude whereby it's almost impossible to gather them up and actually discuss any problems.

Like you mentioned in


What steps can be taken so I can get compensation?


Thank you.

Regarding the area of the property, the developer usually use the area that is given by the architect. And how the architect measures might differs from yours.
I dun think the method of measurement is included in the SNP.
Like one bro said, they usually take the middle of the part wall as the boundary. And the outer part of the wall for the front and back of the house..
Most people will usually measure from the inside wall of the house.
That small differences sometime can comes up to hundreds of square ft

Yes, you are right. That was what I first thought when the measurements ain't even close to the specifics.
So, the second time, at each wall, I add up about 2 inches, obviously it was closer but still quite far. So, I decide to just use 5 inches, it is almost the same like what was in the SPA but the walls can't possibly be 5inches. It is approximately 2 inches only.

To be on the safe side, I would get a surveyor to do the appropriate measurements.

I have even ask other residents whether they have measured their property, they would give me answers like "what is a few square feet", meaning that it doesn't matter since it's a small issue.

Yes, I admit it's not an alarming situation but it's the matter of principles. I hope you get what I mean.

As said, methods of measurement will be different & the internal wall will be taken into account as well. Most internal walls will be around 112mm width. So u use width of internal x the length of internal walls & add up to whatever area u've got.

Ok. The thickness of a wall is about 150mm thick with the brickwork at the thickness of 110MM
Then there will be a 20MM thick cement plaster, at both side..
Add everything up it will come to 150MM..
I know it can be quite frustrating, especially if the size of your building is quite big, the difference will be significant.
It is not surprising when the difference can come to a few hundred square feet.
But at the end, if you measured it the way it was drawn by architect, it will end up close to the final number

Method for calculation of built-up area of strata titled units are specified in the Strata Title Act.
This is significantly different from the method used by the architects
Depending on various factors, party walls can come up to 9 inches in some parts.
Internal walls in the unit could be thinner.

Check also areas like air-cond ledges that could be added as accessory parcels and will form part of the built up area.

Wait for strata title(ST) to be issued and then compare with what's in the SPA.
The calculation for the area listed in the ST submitted will be checked and endorsed by the govt survey department before the ST is issued by the land office. If the area listed in the ST is lesser than what is specified in the SPA, then the developer is to refund the difference in variance of the built-up area x rate .This rate should be quoted under a section listed as "Position and area of Parcel' in the SPA. Payment is to be effected 14 days from issue of ST. If developer fail to comply ,then you can file a claim to recover the money.

Its is quite unnecessary(premature) for you to spend the money to engage a licensed building surveyor to do measurement for the unit at this juncture.
You may have difficulty engaging one to do the job at this juncture.



It may be a little late now, but prior to purchase, you should have asked to be shown plans indicating land use for areas surrounding the property you are looking at. If some parts are ostentatiously left blank , all the more reason you want to know why land use is not stated. If developer wants to sell the units, they will usually show the plan on request. (For landed property, i will even ask for the earthworks plan)
You can also go to your local council to see copy of approved site layout plan.



Like I said, it is not a matter of why can't the developer do this/that? It is a matter of what their intentions are in regards to certain matter.
Standing on the other side of the fence, the question will be what are the requirements of the developer in respect of whether they are duty bound to give you a copy of the residents' details and the time frame for the JMB to be set up (I think is ..latest by 9-12 months from handing over)

I am of the view that a cordial relationship to be maintained as far as possible for the common good of all owners.

This post has been edited by ??!!: Nov 18 2009, 07:06 PM

This is an advice I would keep in mind the next time I buy a property. Will be worth it.

What do you suggest meanwhile?I mean while waiting for the ST to be out.


btw, thanks guy...this really helped me open up my mind.

Your next course of action? in respect of what ? If in managing the place, depends on:

In your opinion, how is the developer in respect of their stand on managing the apt?
Are they keen to ensure good maintenance of the place or are they the type that will not bother as long as they have sold all the units?
Are there still unsold units in the apartment?
Is the developer a one-off developer or do they have other projects that they have built and managed before?
If yes, take a look at their other earlier project...you should be able to see a certain trend .

In respect of built-up area, u just have to wait for the issuance of ST