What is Tribunal For Homebuyer Claims?
Tribunal For Homebuyer Claims (TTPR) is established under the Housing Development (Control & Licensing) Act 1966 on 1.12.2002. It is a special tribunal established to hear disputes between homebuyer and housing developer. It is easy, cheap, and fast process.
Who is homebuyer?
Homebuyer means a purchaser and includes a person who has subsequently purchased a housing accommodation from the first purchaser of the housing accommodation.
Jurisdiction Of The Tribunal:
The Tribunal have jurisdiction to determine a claim where the total amount in respect of the claim does not exceed RM50,000. The claim is based on a cause of action arising from the sale and purchase agreement entered into between the homebuyer and the licensed housing developer.
Claim must be brought by the homebuyer not later than 12 months from:-
a. the date of the issuance of the certificate of completion and compliance for the housing accommodation or the common facilities
b. the expiry date of the defects liability period as set out in the sale and purchase agreement
c. the date of the termination of the sale and purchase agreement by either party and such termination occurred before the date of issuance of the certificate of completion and compliance
The Tribunal have NO jurisdiction to determine any claim:-
– for recovery of land, or any estate or interest in land
– dispute concerning entitlement under a will or settlement or on intestacy
– dispute concerning goodwill
– dispute concerning chose in action
– dispute concerning any trade secret or other intellectual property right
TYPES OF CLAIM
- TECHNICAL CLAIM
– Damages for non compliance to specification
– Damages for defective workmanship
– Compensation for adjustment in land area
– Omission of work
– Defects, shrinkage or other faults to the building
– Incomplete or non availabillity of common facilities - NON-TECHNICAL CLAIM
– Liquidated Ascertained Damages (LAD) / Compensation for late delivery
– Late delivery of common facilities
– Deposit refund
– Refund of Late Interest Charges - LATE DELIVERY OF VACANT POSSESSION (Schedule G)
- Late delivery of common facilities
- Refund of deposit
If the Sales and Purchase Agreement has been revoked the buyer may request the refund of 10% deposit previously paid to the Developer
Decision of Tribunal to be final:
Every agreed settlement recorded by the Tribunal and every award made by the Tribunal shall be final and binding on all parties to the proceedings. Any person who fails to comply with the award made by the Tribunal within the period specified by the Tribunal commits an offence.
Section 16AD of the Housing Development (Control & Licensing) Act 1966
Criminal penalty for failure to comply shall on conviction be liable to a fine which shall not be less than RM5,000 and shall not exceed RM10,000 or to imprisonment for a term not exceeding 2 years or both
Where to file a claim?
A homebuyer can file their claim at the Tribunal office or through online Information on Tribunal and forms can be downloaded at:
http://www.kpkt.gov.my
http://ehome.kpkt.gov.my
