Property Dispute Lawyers in Malaysia

In Malaysia, liquidated damages (LAD) for late delivery under the statutory Schedule G and H sale and purchase agreements are calculated day to day at 10% a year of the purchase price, for each day vacant possession is late. The delivery period is 24 months for Schedule G and 36 months for Schedule H. In PJD Regency (2021), the Federal Court held that the period runs from the date the booking fee was paid, not the date of the agreement.

A claim at Malaysia's Tribunal for Homebuyer Claims must be filed within 12 months under section 16N(2) of the Housing Development (Control and Licensing) Act 1966, counted from the issue of the certificate of completion and compliance, the end of the defect liability period, or the termination of the sale and purchase agreement, depending on the claim. The Tribunal can award up to RM50,000 per claim. A buyer who misses the deadline may still sue in court, subject to the Limitation Act 1953.

For a new home bought from a licensed developer in Malaysia under the statutory Schedule G or H agreement, the defect liability period is 24 months from the date the buyer takes vacant possession. The developer must repair defects within 30 days of the buyer's written notice. If it does not, the buyer may notify the developer of the repair cost, give it a further 30 days, then carry out the repairs and recover the cost, including from the stakeholder sum.

Under Malaysia's Strata Management Act 2013, a joint management body or management corporation must first serve a written notice demanding payment within at least 14 days. If the owner still does not pay, it can claim up to RM250,000 at the Strata Management Tribunal, sue in court, or apply to the Commissioner of Buildings for a warrant to attach the owner's movable property. An owner who ignores the notice without reasonable excuse also commits an offence.

No. In Malaysia, once a tenancy ends, section 7(2) of the Specific Relief Act 1950 bars the landlord from recovering possession from the occupier other than through court proceedings. Changing the locks, cutting utilities or removing the tenant's belongings can expose the landlord to a claim for damages. Malaysia's proposed Residential Tenancy Act had not been passed as of October 2026, so landlords must still go to court for possession and arrears.

A registered owner in Malaysia can remove a private caveat in two ways under the National Land Code. Under section 326, the owner applies to the Registrar, who notifies the caveator that the caveat will be removed after two months unless a court order extends it. Under section 327, the owner applies to the High Court, where the caveator must show a caveatable interest in the land. A caveat entered without reasonable cause can lead to compensation under section 329.

Yes, in many cases. Under section 340 of Malaysia's National Land Code, a registered title can be set aside where the owner or their agent was party or privy to fraud or misrepresentation, where registration was obtained by forgery or a void instrument, or where the title was acquired unlawfully. In Tan Ying Hong v Tan Sian San (2010), the Federal Court held that a person registered directly under a forged instrument does not obtain an indefeasible title, while a later good faith buyer for value is generally protected.