Let buyers opt out of collapsed condo, says property lawyer

The sixth floor, where a swimming pool was being built, gave way at the condominium project in Taman Desa, Kuala Lumpur, on Friday. (Bernama pic)

PETALING JAYA: Buyers of condominium apartments at the Taman Desa project which collapsed earlier should be given the option to opt out of their purchase agreement or continue with the purchase, a property lawyer has suggested.

The lawyer, Salkukhairi Abd Sukor, said standard sales and purchase agreements did not provide for an automatic cancellation if a building under construction suffers a collapse.

However, if the developer of the Taman Desa project agrees to allow any buyer to cancel, both parties must enter into a termination and settlement agreement.

“Such an agreement will detail the rights of the buyers, including the return of payments made and their rights to compensation and so on,” he said.

He urged the government to intervene in the matter, to protect the interests of buyers.

“Building safety cannot be taken lightly and the developer and authorities must look at this seriously,” he said, adding the buyers who wished to proceed with their purchase must be given a detailed explanation that the building would be safe to inhabit in the future.

On Friday, part of the 6th floor collapsed while the swimming pool was under construction. A stop-work order was issued to the contractor.

Yesterday, Housing and Local Government Minister Zuraida Kamaruddin said the developer’s sales license for the 37-storey condominium was suspended until investigations are completed.

Salkhukhairi, who is deputy president of the NGO, K-Literasi, suggested that banks should suspend loan repayments by buyers, as the sales license had been suspended.