Imagine a scenario where Mr. X bought a unit in Condominium X. After 4 years, Mr. X received the unit with 3 rooms and 2 windows. In the brochure, It clearly states in the Sale and Purchase Agreement that the unit he bought is with 4 rooms and 3 windows. He decided to buy the house after relying on the Brochure issued by Developer Y who is the developer for Condominium X.
Question is now what are the Courses of Action for Mr. X?
Firstly, Mr. X can negotiate with Developer Y with regards to the defects. However, Negotiation doesn’t always solve the problem where the Developer would usually compensate an inadequate sum to the purchaser. Therefore, a better course of action is to sue the developer.
Suing the Developer may not be easy where usually Developer is more experience and expert in this matter, the Developer would hire a better lawyer to defend his case. Mr. X can sue the developer for breach of Sale and Purchase Agreement and/or misrepresentation. However, Mr. X is advise that the court usually would allow damages. The Courts would mostly put you in the position as if the contract has been performed.
However since Mr. X is living in a condominium it is advisable for Mr. X and his neighbor who faced the same issue to jointly sue the Developer for breach of contract or misrepresentation.
