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2020, Delay in Property Handover from Developer to Buyer

As we are all aware of, due to the pandemic since the beginning of 2020, many
things are affected. It was especially difficult during the movement control order (
MCO ) where Malaysians fought against an invisible being and under the orders of
our government, all of us had to stay at home and follow the rules implemented by
the government.

In March 2020, we went into MCO all so suddenly without the chance to prepare
ourselves for it and there were many things placed on hold and all construction work
was put on hold as well till further notice. For those who were supposed to get their
house keys during those few months between March 2020 – May 2020, you are
affected the most, as your property is already completed and you’re really excited in
getting it renovated and immediately move in to your new home, you have already
started paying your monthly installment and yet you are unable to see your home
just quite yet.

With unforeseen events like this pandemic, there is nothing much that both parties (
Developer and Home Buyer ) can do, while even after the government announced
that construction works are allowed to resume, those properties that are under
construction might also face the delay of handing over the keys to their buyers.
In your Sales and Purchase agreement, you are able to get the compensation from
your developer if they delay in handing over the keys to you within the promised,
you are able to get compensation from them for their delay and their mistake, but
there is no clause in the sales and purchase agreement that states any issue with any
pandemic or natural disasters.

The best thing you could do is to give your lawyer a call to understand the whole
situation and see if there is anything that can be done to help you, sometimes your
developer will arrange to inform you about any changes to the dates or the delay of
the hand over. So whatever you’d want to know, best you ask your lawyers and your
developers.