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 Question on Home Buyers Tribunal Claim

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TSMushmellow
post Aug 12 2025, 06:04 PM, updated 5 months ago

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Hi just wondering if anyone has filed a case with tribunal for homebuyers with issues relating to defects after the DLP period. And if so, can you share your experience with the hearing?

This post has been edited by Mushmellow: Aug 12 2025, 06:05 PM
funniman
post Aug 12 2025, 06:39 PM

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https://www.freemalaysiatoday.com/category/...common-property
mini orchard
post Aug 12 2025, 08:30 PM

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QUOTE(Mushmellow @ Aug 12 2025, 06:04 PM)
Hi just wondering if anyone has filed a case with tribunal for homebuyers with issues relating to defects after the DLP period. And if so, can you share your experience with the hearing?
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How far are your prepared to go the legal way financially ?
funniman
post Aug 13 2025, 07:51 AM

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Different KPKT in different states behave differently. I know of one investment, they can file through JMB. They tried earlier to file individually but response was weak. Seemed that they prefer JMB, then only they willing to hear. But though the tribunal issued "advices" for developer to rectify, they are not enforceable legally. Rather it is a supporting document if they decide to sue.

Suing is a long process. Because do not have access to approved drawings, have to engage a independent surveyor and professional engineer to check and give professional opinions. It is very costly. By the time it is heard in court and after appeals, it is way past 7 years from date of approval of development. Court ruled in their favour but the time frame had lapsed. In the end, the residents make do with whatever sinking funds to rectify from waterproofing problems to blocked pipes. Today, it still have 2 swimming pools that's leaking. And strata title still not out yet despite VP in 2018.

Even if KPKT tribunal is in their favor, developer drag their feet to rectify. As long as they show improvements to KPKT, complain also no use. Buyers have loans to repay, the owners very tired from this long drawn tussle. Some owners withdraw, some just sell at loss. Most of time quarrel among themselves how to move forward. That's the experience.

Best is try to work with developer first. Suing is the last step and as negotiations and correspondences will be stopped. Bridges all burnt.

This post has been edited by funniman: Aug 13 2025, 10:30 AM

 

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