In Search of Home Sweet Home: Between theory and reality

Abstract

Houses bought through sub-sale contract are of varying quality. The -caveat emptor‖ doctrine compels the purchaser to make a thorough investigation in a sub-sale house purchase. The -as is‖ clause posits that the house is sold based on its existing conditions. This paper analyses the application of the -caveat emptor‖ and -as is‖ clause in Malaysia and highlights the framework of information disclosure on property conditions in Malaysia, in comparison with the vendor disclosure laws in the United States and Australia. This paper suggests that a pre-purchase checklist should be provided in a sale and purchase transaction.

Understanding Abandoned Housing Projects in Malaysia and the Protection for Home Buyers

“…An effective tribunal for home buyers is vital in order to penalize the errant developers as it could serve as an impediment to others. This is supported by Ariffin and Abdul Razak (2019), Abdullah, Ramly and Ikhsan (2017), Abdul Razak, Samah and Wahab (2016) and Abdul . However, with the current situation, it shows that the home buyers are having a limited option to resolve disputes which involved the mischievous developers in the event of abandoned housing project.…”