House buyers, learn your rights

I RECENTLY moved into our new house in Sungai Ramal Dalam. I bought the property back in 2012 and we received the vacant possession in January this year.

The journey towards moving into this property has not been a smooth one and I thought I should share some of the lessons.

When I first visited the site in 2012, only the show house was available for viewing. All the other units were blocked off because they were still under construction.

So the purchase was under the “sell-then-build” scheme. The developer sells a property that is not yet built, and the buyer pays for something depicted by the show unit, but in reality you don’t really know what you will get. The developer advertised it as a gated and guarded community of just 26 houses, and the show unit was quite decent.

We liked the concept and decided to go ahead anyway, despite a friend expressing doubts about the reliability of the developer because they are just a small company.

Skip forward to January this year: a letter arrived saying that the time had come for me to take the keys, or in jargon-speak, to take over the vacant possession. When I went to the developer’s office in Hulu Kelang, I was told to sign a letter confirming that I agreed to accept the property.

They also told me that the Certificate of Completion and Compliance (formerly called the CF) should be ready within two weeks and I should not do any renovation or move in before receiving it.

It was soon after this that problems started to occur. When I inspected the property more thoroughly, I discovered that the property was not yet satisfactorily completed.

Taps and doorknobs were missing. Some tiles were not properly fitted. The window frames were of different shades. Electrical sockets were not installed. The back garden slopes with a gradient that renders the area more or less unusable.

And the developer has not even applied for permission to build a gated and guarded community, despite advertising it in their sales brochure.

To make matters worse, the CCC did not arrive within the promised two weeks. I only received it last June. Throughout all this, I sent notice after notice to the developer asking them to rectify the defects.

They were extremely slow to respond. It was only then that I realised I should not have accepted the vacant possession without the CCC.

I then found the National House Buyers Association, and met with their secretary-general Chang Kim Loong who happens to be a fellow columnist in this newspaper. I learnt a tremendous amount from him and let me share some of the lessons here. If you are planning to buy a property and you don’t want to face the problems that I am having now, I suggest you read on.

Firstly when you buy a property, you should get the Sale and Purchase Agreement (S&P) checked by someone with proper knowledge, or appoint your own lawyer.

The two lawyers you deal with at the early stages represent your bank and the developer. They don’t represent you and they don’t have your interest at heart. You need your own lawyer.

Secondly, read the S&P yourself, carefully. With the benefit of hindsight, I am amazed at how I simply signed on the dotted line without reading the papers carefully first.

The document contains important information about your rights. And you should read it in greater detail if the developer says to you that the S&P is “just a formality”.

Thirdly, learn your rights as well as the procedures in the purchase.

If only I had taken some time to learn the ropes, I would have known that I should be extremely worried if a developer hands over vacant possession without a CCC (and promises you he will get it done within two weeks). Even more so when they start saying things like “we are all Malays and we should help each other”. Fourth, the sell-then-build scheme benefits mainly the developers and not necessarily the consumers. You are being asked to pay for something that is not even built yet and you never really know what you will eventually get. If the developer is rogue, then what you pay for is not necessarily what you will get.

In my case, the show unit has a concrete wall in the backyard, but my unit has just wire fencing. When I asked the developer, he responded that the S&P does not compel him to build a unit that is exactly the same as the show unit. Since it was a sell-then-build scheme, there is not much that I can do.

Recently Urban Wellbeing, Hou­sing and Local Government Minister Datuk Abdul Rahman Dahlan an­­­nounced that he wants to allow developers to choose between sell-then-build and build-then-sell. He is effectively doing a U-turn because the previous minister wanted to make build-then-sell compulsory.

Of course, developers love the sell-then-build scheme because they get the cash in advance. Risks are transferred to buyers.

Fifth, despite the U-turn policy, the Housing Ministry is actually quite effective in dealing with consumer complaints. I have had a very good experience in dealing with the National Housing Department and the Tribunal for Homebuyer’s Claims (TTPR). The processes to submit a claim through the TTPR are simple enough to understand even for a layperson like me. The TTPR is also very transparent.

My case hearing was conducted in public and if you go to the tribunal’s website, you can find information about the claim that I filed. This transparency allows everyone to learn from the experience of others.

Let me end by saying that buying a house is probably the most expensive purchase you will ever make. You really should learn your rights.

If you find yourself dealing with a situation like I am in now, then you must not let the developer off the hook. Get advice from the brilliant team at the National House Buyers’ Association. Take the developer to the TTPR. And report them to the National Housing Department.

You should not despair because there are mechanisms to help protect you, including those instituted by the Government, as long as you are willing to take the initiative.

Think Liberally by Wan Saiful Wan Jan

Wan Saiful Wan Jan is chief executive of the Institute for Democracy and Economic Affairs (www.ideas.org.my). The views expressed here are entirely the writer’s own.

Related post:

Who is responsible: developer, contractor, local council or house-owner for the damages?

Who is responsible for slope management? Does the responsibility come with the property bought by the purchaser? THE collapse of a...

The money in golf clubs land in the Klang Valley, Malaysia

Golf course land has been in the spotlight after three golf clubs became the target of developers in Klang Valley.

The three are Kelab Rahman Putra Malaysia, Sultan Salahuddin Abdul Aziz Shah (KGSSAAS) Golf Course and Perangsang Templer Golf Club in Templer Park.

The last to join the fray is Perfect Eagle Development Sdn Bhd, which has submitted a proposal to acquire 279 acres of land, which Kelab Rahman Putra Malaysia sits on, for a cash consideration of RM296mil.

Perfect Eagle, which made the offer two weeks ago, plans to convert a portion of the golf course for property development.

The deal is still pending approval from its members. But if the offer is accepted by the members, each of the 4,230 members would receive RM70,000 cash each, which is not too bad considering that the golf club membership cost less than RM15,000 when it was started in the mid-1990s.

In 2012, Kelab Rahman Putra also received an offer to buy the club for RM130mil, however it was rejected by the members.



As for KGSSAAS, the owner - Great Doctrine (M) Sdn Bhd - sold a portion of its golf course - 34.6ha - to Mah Sing Group Bhd last week for RM327.4mil.

To facilitate the deal, KGSSAAS, which currently has a 27-hole golf course facility, would shrink the size of the course to an 18-hole course.

Mah Sing expects the project to have a gross development value (GDV) of RM2.5bil.

In February, Perangsang Templer Golf Club in Templer Park was reportedly to be closed down to make way for a high-end residential and commercial property project that could worth RM1.24bil.

SP Setia Bhd has signed a joint-venture deal with Kumpulan Perangsang Selangor Bhd (KPS).

KPS, via its unit Cash Band (M) Bhd, is the owner of three parcels of 194.65 acres of leasehold land. SP Setia’s role under the agreement is to develop the land as well as to market and sell the commercial and residential units.

It has been reported that KPS had done a study to evaluate the redevelopment potential of the 18-hole golf course, and said that it was “not-fully optimised in its current form and utilisation”.

It notes that the conversion of the land to mixed development status could unlock the true value of the land.
There is no doubting that golf courses in the Klang Valley are highly attractive to developers.

A quick check indicates that there are over 15 golf courses scattered around Klang Valley, and Petaling Jaya alone has almost six golf courses.

With land scarcity in the Klang Valley and the rising demand for homes, golf land has become hot property.

“As land become scarcer, golf land may become more viable for development as they are generally well located.

“In fact, much of golf land are located in matured locations with established amenities,” says Mah Sing group managing director Tan Sri Leong Hoy Kum.

Nonetheless, he notes that the recent golf land acquisitions was mainly due to the location, land price, payment terms and development potential.

“We do not set out to acquire golf land per se, but we continuously look at landbanks that fit our business model,” he adds.

Traditionally, golf courses in Malaysia are surrounded by lavish bungalow units in a pristine neighborhood. Homeowners would enjoy a tranquil park built within the area, giving them a peaceful environment away from the concrete jungle.

Experts say developers that are targeting golf clubs are actually looking for landbanks for future high-end development.

“Most of the golf courses in the Klang Valley were planned to be part of a comprehensive development with luxury housing and sometimes, commercial components like resort hotel and office park.

“But as time goes by when the development matures and the land and house prices increase in the area, it makes better sense financially for the golf course land to be used for higher value developments such as luxury housing,” says Henry Butcher Marketing Sdn Bhd chief operating officer Tang Chee Meng.

He says the factors that drive property developers to buy over golf courses are location, matured neighbourhood, nice environment and large land size.

When asked if there would be more golf land to be gobbled by property developers, he says it would depend on the property market, land prices, consumer preferences and development trends.

An analyst says that the scenario of having golf land being scrapped to make way for property development is not only unique in Malaysia, but also seen in other countries such as in the United States, UK and Singapore.

“It’s a natural evolution as long as the state government approves it,” he says.

“The shortage of suitable development land in the city area has resulted in developers targeting other types of land, and this includes golf courses,” he adds.

He says acquiring golf land at the moment is timely, considering the maturity of the Klang Valley area.

“It would be the right time to develop such land especially if the golf courses are underutilised,” an analyst says.

While Mah Sing scores a hole-in-one with the acquisition of a parcel of land in KGSSAAS, some developers may not find it easy to acquire golf courses.

A major obstacle is getting approval from members.

One of the reasons why Mah Sing was successful with the KGSSAAS deal was because the transaction did not need the approval of members.

That the land was up for sale was also known in the market.

KGSSAAS, located near Stadium Shah Alam’s Section 13, was sold for RM88 per sq ft to Mah Sing.

For Perfect Eagle Development, the acquisition could be tricky, as the consent of members is required.

When contacted, a member of Kelab Rahman Putra Malaysia says he would prefer to reject any offer to buy the club land due to the embedded value of the land.

While golf clubs have attracted interest of late, it is not a new phenomenon.

In 2011, Dijaya Corp, now known as Tropicana Corp Bhd, bought over the Japanese-owned Kajang Hill Golf Country Club for a reported RM228mil for 80.33ha freehold land.

The land was then be transformed into Tropicana Heights Kajang, a mixed development project, comprising landed homes, condominiums, apartments, and shop offices with an expected gross development value of RM2bil.

One of the pioneers in developing golf courses is YTL Land & Development Bhd.

The group had scrapped what used to be a nine-hole golf course in Sentul, and converted it into a private gated park for residents in the Sentul West development.

The park, also known as Sentul Park, was formerly the 85-year-old Sentul Raya Golf Club.

In 2001, YTL acquired Taiping Consolidated Sdn Bhd and inherited the whole Sentul Raya project, which spanned over 294 acres of land, including the golf course.

Contributed by  Intan Farhana Zainul The Star/Asia News Network

Related story:

Selangor Turf Club saga

Related posts:

• Golf courses targeted for re-development – Too valuable for golf? 

•  BJCC renamed Penang Golf Club: welcome to the newly upgraded Penang Golf course 
  

  Penang Golf Club

  Greetings from Penang Golf Club,. Formerly called Bukit Jambul Golf Club and built in 1984, the Penang Golf Club has undergone a major facelift and reopened ...

Malaysia's property market to take a breather in 2014 and 2015

PETALING JAYA: The property market might need at least two years to digest and recover from the various cooling measures that came into effect this month, but expect it to surge again in 2016, say industry officials.

According to Malaysian Institute of Estate Agents president Siva Shanker, 2014 is expected to be a tough year for sales, but the market will find its footing next year and catch the next upcycle in 2016.

“The market ground to a standstill after Budget 2014. There was a knee-jerk reaction in sales.

“It will probably stay in the doldrums for the first half of 2014. The second half may be better,” Shanker, who is also CEO-Agency of property consultancy PPC International Sdn Bhd, told StarBiz by phone.

Shanker believes that speculation over the past few years in the primary market, resulting in “far more properties bought than needed”, had been put to a stop by the new curbs.

“The days of 20%-40% appreciation in property prices after only a few years is over, ” he said.

Even so, Shanker sees the secondary market, which he said had languished for years, regaining its lustre.

“A new launch in Bangsar could set you back RM1,500 per sq ft, compared to RM800-RM1,000 per sq ft for an existing property. The discount goes up to 50% in some prime areas,” he said.

An analyst with TA Research said that unlike previous years, many listed developers have held back on their 2014 sales targets – a departure from their usual forward guidance in December – until a clearer picture emerges from the effects of Budget 2014 and other tightening measures.

The exception is Mah Sing Group Bhd, which is aiming for a 20% increase in sales this year to RM3.6bil.

According to the analyst, policy uncertainty on several fronts – such as whether Iskandar Malaysia’s Medini is exempt from real property gains tax, or the pricing of bank loans using the net selling price of a property – remains an overhang on the market.

“The sector’s fundamentals are intact, but in terms of share prices, the catalysts are lacking,” she said.
Property players have noticed a marked slowdown in sales since the various curbs were put in place, although it is unclear by how much.

A number of high-end launches were also shelved, as developers switch their focus to the affordable segment of the market, where demand is more resilient.

Some of the projects launched post-Budget 2014 include block B of YTL Land & Development Bhd’s Fennel@Sentul East condominiums, which saw a take-up of 80% soon after it was opened for sale in mid-November, while tower A and B of Sunway Bhd’s Geo Residences were 85% sold within two weeks, HwangDBS Vickers Research noted.

In Iskandar Malaysia, however, the response to UEM Sunrise Bhd’s Almas Suites and WCT Holdings Bhd’s Medini Signature Tower 2 have been lukewarm, Maybank Research said in a report last week.

The brokerage’s only “buy” call is Glomac Bhd, even though the firm has cut its own sales target for the year ending April 30, 2014 by 18%.

CIMB Research is more upbeat. It expects buying interest to return in the first half of this year, albeit gradually, when potential homeowners realise that prices are unlikely to fall, and that inflationary pressure from the impending goods and services tax, along with other subsidy cuts, leads to higher prices.

“As these macro prudential and policy measures are meant to curb speculation and not restrain genuine demand, the impact (though negative in the short term) should be positive over the longer run because they should help to remove froth from some segments of the market.

“Also, affordability remains close to its highest ever. Robust sales by developers should provide impetus for a re-rating of property stocks,” the research house told clients earlier this month.

Hong Leong Investment Bank Research, which believes the market will stage a recovery in the second half of the year, advocates a buy-on-weakness strategy for shares amid trough valuations.

Contributed by John Loh The Star/Asia News Network