| Question 1 |
MANY COMPLAINTS RECEIVED ABOUT THE ACTION OF HOUSING DEVELOPER WHICH IS THEY ASKS DEPOSIT MONEY EVEN THE AGREEMENT LETTER IS NOT YET SIGN. IS THERE ANY REGULATION THAT ALLOWS THEM MAKE THIS ACTION? |
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| Answer |
The housing developers not allow collecting any payment before sign the S&P agreement. This prohibition according to Clause 11(2) Regulations of Housing Developer (Control and Licensing) 1989.The payments collect from the buyer is allow if only state on S&P Letter and the Payment Schedule – S&P document. |
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| Question 2 |
WHAT THE REAL REGULATION SHOULD BE FOLLOW WHEN THE BUYER WANTS TO SELL THE HOUSE TO THE BUYER? |
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| Answer |
Besides having a legal license for developer if any developer wants to sell the house, they should get a permit for advertisement and sale from Housing Guard. This regulation has been state under Regulation 5; Regulation Housing Developer (Controlling and Licensing) 1989. In fact, the land lord must be one of the party sale contract which is according to the Regulation 10; related regulation. |
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| Question 3 |
IS THERE ANY COMPLAINT WHICH STATE THE PRIVATE DEVELOPER THAT HAVE COOPERATION WITH ANY STATE DEVELOPMENT INSTIUTION (PKN) CAN TAKE DEPOSIT CASH FROM THE BUYER.CAN EXPLAIN THIS MATTER? |
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| Answer |
At this time, the ministration not yet receives any complaint for the buyers about this matter. However, Government institution and cooperate companies that involved in housing project is not state with Housing Development (Control and Licensing) Act 1966 and it regulations. |
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| Question 4 |
SOME HOUSING DEVELOPERS GIVE CONDITION TO THE BUYER FOR THOSE WANT THEIR DEPOSIT BACK BY FINDING ANOTHER BUYER. THERE IS ANY KIND OF MINISTRY’S FOR SUCH CONDITION? CAN IT BE EXECUTE? |
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| Answer |
The taken action by the developer is not state at any Ministration’s rule and also not confront with existing acts/rules. |
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| Question 5 |
WHAT IS THE MAIN PURPOSE OF A DEVELOPER TAKES DEPOSIT CASH FROM THE BUYER.DID THEY HAVE A FINANCIAL PROBLEM TO PROCEED THE PROJECT? |
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| Answer |
The main purpose of giving permission to the developer to collect 10% deposit cash from the sale value is as a writing commitment that bound the buyer really interesting to buy a house. These approaches enable the developer to make plan on their projects progress and identify the real number of the buyer. |
Meanwhile for the developer, the 10% deposit is not mean they have financial problem to continue the project, it because as a register developer they should fulfill the financials requirement during the application for developer’s licensing to the Housing Award. |
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| Question 6 |
WHAT IS ACTION TAKEN BY THE HOUSING DEVELOPER OF THOSE WHO ARE MISSING IN ACTION AND NOT CONTINUE THE PROJECT? WHAT THE PROPER ACTION SHOULD BE TAKEN BY THE BUYER? |
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| Answer |
The Ministry can take several actions which is suitable against the developer for protecting the buyer’s right. Some of the common actions that have been taken include call meeting the developer for explaining and discussing about the issues and the solutions. The Ministry can prosecute the developer if they found break any rules/regulations under Housing Development (Control & Licensing) Act 1966. |
Meanwhile for the buyers, they can take court action against the developer which refer to Sale & Purchase Agreement or can write a complaint to Ministry for investigation and action. |
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