The Legal Implications of a Sale of Property by the Malaysian Developers under the Private Lease Scheme: In two minds?

Noraziah  Abu Bakar; Ruzita  Azmi; Azlinor Sufian; Hartini  Saripan

doi:10.21834/ebpj.v6i17.2867

Authors

Noraziah Abu Bakar Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia
Ruzita Azmi Universiti Utara Malaysia Kuala Lumpur Campus, Malaysia
Azlinor Sufian College of Law, Prince Sultan University Riyadh, Kingdom of Saudi Arabia
Hartini Saripan Faculty of Law, Universiti Teknologi MARA, Shah Alam, Malaysia

DOI:

https://doi.org/10.21834/ebpj.v6i17.2867

Keywords:

Private Lease Scheme, Developer, Certificate of lease, Misrepresentation, Security of Tenure

Abstract

This paper aims to evaluate the legal implications of the private lease scheme (PLS) for a property sale by the developers. It mainly relies on statutes and court cases as its primary sources of information. PLS is selling a lease to purchasers by the developers. If purchasers were misled to believe a property is purchased and not the purchase of the lease, it is considered misrepresentation. An amendment to the law is timely to cater for a scheme that may address a different legal status of the purchaser. Australia introduced a certificate of lease to enhance the security of tenure.

Keywords:: Private Lease Scheme; Developer; Cetificate of lease; Misrepresentation.

eISSN: 2398-4287Â© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peerâ€“review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.

DOI: https://doi.org/10.21834/ebpj.v6i17.2867