Change In Materials Specified In The SPA Without Consent - What Rights Does A Purchaser Have?

When a buyer assumes possession of a property and learns that the materials or the facilities provided were not as promised or agreed upon in the Sale and Purchase Agreement, it may be frustrating. The Federal Court in an unanimous decision in Chong Nge Wei & Ors v Kemajuan Masteron Sdn Bhd [2022] 4 CLJ 833 recently overturned the decision of the Court of Appeal and reinstated the High Court's ruling regarding the interpretation of Clause 12 (now re-numbered as Clause 14) of the statutory Sale and Purchase Agreement (“Clause 12”) under Schedule H of the Housing Development (Control and Licensing) Regulations 1989 (“HDA”) which, inter alia, entitles the purchaser of a housing unit the right to request a corresponding reduction in the purchase price or claim damages against a Developer who uses different materials in constructing the property than that stated in the agreement without the purchaser's written consent.