House buyer, developer agree on amicable settlement

KUCHING: The Housing Tribunal successfully mediated a claim filed by a house buyer against a developer in a hearing here yesterday after both parties agreed to settle the case amicably.

The developer, Peak Horizon Sdn Bhd, had agreed to compensate RM1,200 to the buyer, Mohd Saif Lumbok, who bought a low-cost house from it at 18th Mile Kuching-Serian Road in 2007.

In the case, the claimant claimed that he was unaware that the purchase price of the house was RM85,000 with upgrading works to be carried out by the developer. The original price for the house was RM40,000 and this was stated in the original sales and purchase agreement, while the additional RM45,000 was stated in the supplementary agreement.

He also claimed that the construction works, supposed to be completed by end of 2008, were delayed by six months.

He claimed a compensation of RM4,500 from Peak Horizon, being nine months of instalment paid for the low-cost house.

Housing Tribunal president Thomas Akin reminded house buyers that they must read carefully all sales and purchase agreements prepared by the developers.

“It is also the duty of the lawyers to explain the contents of these agreements so that house buyers would have a clear understanding of what are being stipulated,” he said.

He also said developers must ensure that every correspondence between them and purchasers must be done in writing and that such correspondence is properly served to the buyers.

“This is to avoid any claim and counter claim when misunderstanding arises,” he added.

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