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

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: 2398-4287© 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/). Peer–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

Published

2021-08-15

How to Cite

Abu Bakar, N. ., Azmi , R. ., Sufian, A., & Saripan, H. . (2021). The Legal Implications of a Sale of Property by the Malaysian Developers under the Private Lease Scheme: In two minds?. Environment-Behaviour Proceedings Journal, 6(17), 183-187. https://doi.org/10.21834/ebpj.v6i17.2867