Some of you will probably remember that one of the matters discussed by members during the AGM on 24th March was the status of all those fancy amenities that were published in the ealier sales brochures and official websites of GCD. You know, things like the boat club and commercial village, ya da ya da ya da.
We discussed about the need to know what GCD intends to do about these promises. I remember one of our members spoke against this, his advice was this will be a waste of time because if these amenities were not written in black and white in the S&P, we really do not have much of a leg to stand on. That was a rather deflating, I’d have to admit. But we agreed to ask GCD for a statement of intent over these things and have done so.
The response in my mind then was if a developer is allowed to lay out all kinds of fancy things to entice purchasers and the court agrees the developer does not have to fulfill any of these things because they were never inked, then the law is an ass. Stupid like an ass. There is absolutely no equity if developers are allowed to say what they like, pocket the money and laugh all the way to the bank without having to fulfill their promises.
We should be encouraged by this article by Pretam Singh Darshan Singh, Brochure overrides sales contract, courtesy of today’s New Straits Times (Property Section, Page 11, 22 June, 2012).
I must thank Resident (firstname.lastname@example.org) who alerted me to this article.
It’ feels good to be able to say Malaysian law is not as ass, at least in dealing with dishonest property developers.
Pretam Singh Darshan Singh can be contacted at email@example.com