Defect Liability Period

Defect liability period is the warranty period which the developer is contractually obliged to repair the defects which have appeared within the period of time due to defects on its materials caused during construction.

Making a comparison with the Regulation in Peninsular and Rules in Sabah, the Regulation provides a better term to include a 24-month defect liability period than the Rule’s 18 months.

Contrary to the privilege of having a developer’s warranty, the purchase of sub-sale properties requires sufficient due diligence of the purchaser when viewing and inspecting the property before entering into the SPA.

Due diligence includes checking every part of the house especially sewage, piping, leakage, electrical appliances, rooting and any other fixtures and fittings to prevent any unexpected and undesirable situation.

Should the purchaser require the repair of anything prior to vacant possession, the purchaser should make sure that his or her lawyer highlight it in the SPA.