Scrutinising the Developer's Sale and Purchase Agreement by the Purchasers’ Solicitor as required by Section 84 of the Legal Profession Act 1976 - Part II

Abstract

This article was conceived by as an object lesson on how Islamic teachings may be incorporated into the Civil law to improve its moral contents. It was written in memory the author’s son Muhammad Zayd bin Bohorudin (1985-2017), advocate and solicitor, and alumnus of the Ahmad Ibrahim Kulliyyah of Laws (‘AIKOL)’. It is a continuation of Part I, published in the IIUM Law Journal Vol. 26 (2) 2018.
 In this part, the issue of constitutionality of the developer using the purchaser’s property to secure loan is discussed. It furthermore examines the defects and weaknesses in the operation of several clauses in the Act to the purchaser. Other key issues discussed are the criticism on the house purchase loans, the purchase price and other expenses, the post-execution position of the purchaser as beneficial owner, construction issues, and the developer’s first duty, namely to give clean title to purchaser. At a later part of the article, the position of purchasers in relation to the abandonment of the housing estate, foreclosure, private sale and other disasters are scrutinised. Purchasers’ rights pertaining to the completion of the construction, transfer and registration of the house, as well as their right to life vis-à-vis housing matters are assessed.