Don’t blindly sign S&P agreement — Tribunal

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TRIBUNAL HEARING: Al Hadi (right) explains a point to Mohd Suif during the hearing.

KUCHING: Sarawak Housing Claims Tribunal deputy president Thomas Akin reminded all house buyers to read and study all the terms and conditions of sales and purchase agreements thoroughly before signing them.

“Don’t just blindly or simply sign any sales and purchase agreement that you are entering into. Read it carefully before signing it as the legal impact of it is very costly,” he said.

He said this after hearing the case brought by claimant Mohd Sufi Lambok against the developer of a housing estate at 18th Mile, Siburan at the old state legislative assembly building here yesterday.

Besides telling purchasers to read all the conditions to avoid misunderstandings with developers, he also told developers to clarify all matters clearly and in black and white to purchasers so that they are well informed.

“Lawyers of the developer should make it clear to the purchasers.

“No SMSes notification or whatsoever notice that looks uncertain. It has to be in black and white,” he stressed.

The tribunal yesterday awarded compensation of RM1,200 to Mohd Sufi, a
Land and Survey
Department employee, from the developer for the delay in completing his low cost intermediate house at the estate which was to be completed within 24 months.

Mohd Sufi had asked for a fair amount to compensate for the 15 months’ delay but the tribunal only granted him RM1,200
after negotiations and
taking into consideration that he had agreed to the supplementary condition and amount.

Mohd Suif signed the first sales and purchase agreement in 2007 which mentioned that the cost
of the house was RM40,000.

Later on, he was asked to sign a supplementary sales and purchase agreement by the developer’s lawyer to acknowledge the extension period of the construction of his house by another six months and the revision of the cost to RM85,000, which he did.

However, the developer failed to comply with the date of completion as promised, resulting in Mohd Sufi lodging a report with the tribunal.

“I was supposed to move into the house last year and celebrate Hari Raya but the condition did not permit me to do so,” he said when
met after the hearing.

Even with Hari Raya coming  soon, he was not sure whether he would be able to move in.

“I have been paying the loan for the house for 25 years and for the first two years I paid RM340 per month
before it was increased to RM380 and it is quite a burden,” he lamented.

The case was heard in front of Thomas Akin (deputy president) and two panel members — Al Hadi Ibrahim and Mike Boon.